As Reported by the Committee of Conference

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 162

Representatives Peterson, Latta, D. Evans, Hughes, Seitz, Bubp, Buehrer, Collier, Core, C. Evans, Flowers, Gilb, Martin, McGregor, J., T. Patton, Raussen, Reidelbach, Seaver, G. Smith 

Senators Coughlin, Jacobson 

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A BILL

To amend sections 2152.20, 2301.51, 2301.52, 2301.55,

1

2301.56, 2301.57, 2744.01, 2929.01, 2929.34,

2

2929.37, 2929.38, 4117.01, 5120.031, 5120.111,

3

5120.112, and 5149.34, to enact new section

4

2301.58 and section 2301.571, and to repeal

5

sections 2301.53, 2301.54, and 2301.58 of the

6

Revised Code to revise the law governing

7

community-based correctional facilities and

8

district community-based correctional facilities.

9

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

Section 1. That sections 2152.20, 2301.51, 2301.52, 2301.55,	10
2301.56, 2301.57, 2744.01, 2929.01, 2929.34, 2929.37, 2929.38,	11
4117.01, 5120.031, 5120.111, 5120.112, and 5149.34 be amended and	12
new section 2301.58 and section 2301.571 of the Revised Code be	13
enacted to read as follows:	14

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	15
child or a juvenile traffic offender, the court may order any of	16
the following dispositions, in addition to any other disposition	17
authorized or required by this chapter:	18

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

19

(a) For an act that would be a minor misdemeanor or an	20
unclassified misdemeanor if committed by an adult, a fine not to	21
exceed fifty dollars;	22

(b) For an act that would be a misdemeanor of the fourth	23
degree if committed by an adult, a fine not to exceed one hundred	24
dollars;	25

(c) For an act that would be a misdemeanor of the third	26
degree if committed by an adult, a fine not to exceed one hundred	27
fifty dollars;	28

(d) For an act that would be a misdemeanor of the second	29
degree if committed by an adult, a fine not to exceed two hundred	30
dollars;	31

(e) For an act that would be a misdemeanor of the first	32
degree if committed by an adult, a fine not to exceed two hundred	33
fifty dollars;	34

(f) For an act that would be a felony of the fifth degree or	35
an unclassified felony if committed by an adult, a fine not to	36
exceed three hundred dollars;	37

(g) For an act that would be a felony of the fourth degree if	38
committed by an adult, a fine not to exceed four hundred dollars;	39

(h) For an act that would be a felony of the third degree if	40
committed by an adult, a fine not to exceed seven hundred fifty	41
dollars;	42

(i) For an act that would be a felony of the second degree if	43
committed by an adult, a fine not to exceed one thousand dollars;	44

(j) For an act that would be a felony of the first degree if	45
committed by an adult, a fine not to exceed one thousand five	46
hundred dollars;	47

(k) For an act that would be aggravated murder or murder if	48
committed by an adult, a fine not to exceed two thousand dollars.	49

(2) Require the child to pay costs;

50

(3) Unless the child's delinquent act or juvenile traffic	51
offense would be a minor misdemeanor if committed by an adult or	52
could be disposed of by the juvenile traffic violations bureau	53
serving the court under Traffic Rule 13.1 if the court has	54
established a juvenile traffic violations bureau, require the	55
child to make restitution to the victim of the child's delinquent	56
act or juvenile traffic offense or, if the victim is deceased, to	57
a survivor of the victim in an amount based upon the victim's	58
economic loss caused by or related to the delinquent act or	59
juvenile traffic offense. The court may not require a child to	60
make restitution pursuant to this division if the child's	61
delinquent act or juvenile traffic offense would be a minor	62
misdemeanor if committed by an adult or could be disposed of by	63
the juvenile traffic violations bureau serving the court under	64
Traffic Rule 13.1 if the court has established a juvenile traffic	65
violations bureau. If the court requires restitution under this	66
division, the restitution shall be made directly to the victim in	67
open court or to the probation department that serves the	68
jurisdiction or the clerk of courts on behalf of the victim.	69

If the court requires restitution under this division, the	70
restitution may be in the form of a cash reimbursement paid in a	71
lump sum or in installments, the performance of repair work to	72
restore any damaged property to its original condition, the	73
performance of a reasonable amount of labor for the victim or	74
survivor of the victim, the performance of community service work,	75
any other form of restitution devised by the court, or any	76
combination of the previously described forms of restitution.	77

If the court requires restitution under this division, the	78
court may base the restitution order on an amount recommended by	79
the victim or survivor of the victim, the delinquent child, the	80
juvenile traffic offender, a presentence investigation report,	81
estimates or receipts indicating the cost of repairing or	82
replacing property, and any other information, provided that the	83
amount the court orders as restitution shall not exceed the amount	84
of the economic loss suffered by the victim as a direct and	85
proximate result of the delinquent act or juvenile traffic	86
offense. If the court decides to order restitution under this	87
division and the amount of the restitution is disputed by the	88
victim or survivor or by the delinquent child or juvenile traffic	89
offender, the court shall hold a hearing on the restitution. If	90
the court requires restitution under this division, the court	91
shall determine, or order the determination of, the amount of	92
restitution to be paid by the delinquent child or juvenile traffic	93
offender. All restitution payments shall be credited against any	94
recovery of economic loss in a civil action brought by or on	95
behalf of the victim against the delinquent child or juvenile	96
traffic offender or the delinquent child's or juvenile traffic	97
offender's parent, guardian, or other custodian.	98

If the court requires restitution under this division, the	99
court may order that the delinquent child or juvenile traffic	100
offender pay a surcharge, in an amount not exceeding five per cent	101
of the amount of restitution otherwise ordered under this	102
division, to the entity responsible for collecting and processing	103
the restitution payments.	104

The victim or the survivor of the victim may request that the	105
prosecuting authority file a motion, or the delinquent child or	106
juvenile traffic offender may file a motion, for modification of	107
the payment terms of any restitution ordered under this division.	108
If the court grants the motion, it may modify the payment terms as	109
it determines appropriate.	110

(4) Require the child to reimburse any or all of the costs	111
incurred for services or sanctions provided or imposed, including,	112
but not limited to, the following:	113

(a) All or part of the costs of implementing any community	114
control imposed as a disposition under section 2152.19 of the	115
Revised Code, including a supervision fee;	116

(b) All or part of the costs of confinement in a residential	117
facility described in section 2152.19 of the Revised Code or in a	118
department of youth services institution, including, but not	119
limited to, a per diem fee for room and board, the costs of	120
medical and dental treatment provided, and the costs of repairing	121
property the delinquent child damaged while so confined. The	122
amount of reimbursement ordered for a child under this division	123
shall not exceed the total amount of reimbursement the child is	124
able to pay as determined at a hearing and shall not exceed the	125
actual cost of the confinement. The court may collect any	126
reimbursement ordered under this division. If the court does not	127
order reimbursement under this division, confinement costs may be	128
assessed pursuant to a repayment policy adopted under section	129
2929.37 of the Revised Code and division (D) of section 307.93,	130
division (A) of section 341.19, division (C) of section 341.23 or	131
753.16, division (C) of section 2301.56, or division (B) of	132
section 341.14, 753.02, 753.04, 2301.56, or 2947.19 of the Revised	133
Code.	134

(B)(1) If a child is adjudicated a delinquent child for	135
violating section 2923.32 of the Revised Code, the court shall	136
enter an order of criminal forfeiture against the child in	137
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	138
of section 2923.32 of the Revised Code.	139

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	140
children who are adjudicated or could be adjudicated by a juvenile	141
court to be delinquent children for an act that, if committed by	142
an adult, would be a felony drug abuse offense. Subject to	143
division (B) of section 2925.42 and division (E) of section	144
2925.43 of the Revised Code, a delinquent child of that nature	145
loses any right to the possession of, and forfeits to the state	146
any right, title, and interest that the delinquent child may have	147
in, property as defined in section 2925.41 of the Revised Code and	148
further described in section 2925.42 or 2925.43 of the Revised	149
Code.	150

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	151
children who are adjudicated or could be adjudicated by a juvenile	152
court to be delinquent children for an act in violation of section	153
2923.42 of the Revised Code. Subject to division (B) of section	154
2923.44 and division (E) of section 2923.45 of the Revised Code, a	155
delinquent child of that nature loses any right to the possession	156
of, and forfeits to the state any right, title, and interest that	157
the delinquent child may have in, property as defined in section	158
2923.41 of the Revised Code and further described in section	159
2923.44 or 2923.45 of the Revised Code.	160

(C) The court may hold a hearing if necessary to determine	161
whether a child is able to pay a sanction under this section.	162

(D) If a child who is adjudicated a delinquent child is	163
indigent, the court shall consider imposing a term of community	164
service under division (A) of section 2152.19 of the Revised Code	165
in lieu of imposing a financial sanction under this section. If a	166
child who is adjudicated a delinquent child is not indigent, the	167
court may impose a term of community service under that division	168
in lieu of, or in addition to, imposing a financial sanction under	169
this section. The court may order community service for an act	170
that if committed by an adult would be a minor misdemeanor.	171

If a child fails to pay a financial sanction imposed under	172
this section, the court may impose a term of community service in	173
lieu of the sanction.	174

(E) The clerk of the court, or another person authorized by	175
law or by the court to collect a financial sanction imposed under	176
this section, may do any of the following:	177

(1) Enter into contracts with one or more public agencies or	178
private vendors for the collection of the amounts due under the	179
financial sanction, which amounts may include interest from the	180
date of imposition of the financial sanction;	181

(2) Permit payment of all, or any portion of, the financial	182
sanction in installments, by credit or debit card, by another type	183
of electronic transfer, or by any other reasonable method, within	184
any period of time, and on any terms that the court considers	185
just, except that the maximum time permitted for payment shall not	186
exceed five years. The clerk may pay any fee associated with	187
processing an electronic transfer out of public money and may	188
charge the fee to the delinquent child.	189

(3) To defray administrative costs, charge a reasonable fee	190
to a child who elects a payment plan rather than a lump sum	191
payment of a financial sanction.	192

Sec. 2301.51.  (A)(1) The court of common pleas of anyAny	193
county that has a population of two hundred thousand or more may	194
is eligible to formulate a community-based correctional proposal	195
pursuant to this section that, upon implementation, would provide	196
a community-based correctional facility and program for the use of	197
that county's court of common pleas in accordance with sections	198
2301.51 to 2301.562301.58 of the Revised Code. Upon the approval	199
of the director of rehabilitation and correction, the court of	200
common pleas of anyAny county that has a population of two	201
hundred thousand or more mayis eligible to formulate more than	202
one community-based correctional proposal pursuant to this section	203
upon approval of the director of rehabilitation and correction. In	204
determining whether to grant approval to a court to formulate more	205
than one proposal, the director shall consider the rate at which	206
the county served by the court commits felony offenders to the	207
state correctional system. If a courtcounty formulates more than	208
one proposal, each proposal shall be for a separate	209
community-based correctional facility and program.	210

For each community-based correctional proposal formulated	211
under this division, the fact that the proposal has been	212
formulated and the fact of any subsequent establishment of a	213
community-based correctional facility and program pursuant to the	214
proposal shall be entered upon the journal of the court. A	215
county's community-based correctional facilities and programs	216
shall be administered by a judicial corrections board. The	217
presiding judge of the court or, if the presiding judge is not a	218
judge of the general division of the court, the administrative	219
judge of the general division shall designate the members of the	220
board, who shall be judges of the court. The total number of	221
members of the board shall not exceed eleven. The judge who is	222
authorized to designate the members of the board shall serve as	223
chairperson of the board.	224

(2) The courts of common pleas of twoTwo or more adjoining	225
or neighboring counties that have an aggregate population of two	226
hundred thousand or more may form a judicial corrections board and	227
proceed to organize a district andare eligible to formulate a	228
district community-based correctional proposal pursuant to this	229
section that, upon implementation, would provide a district	230
community-based correctional facility and program for the use of	231
the memberthose counties' courts of common pleas in accordance	232
with sections 2301.51 to 2301.562301.58 of the Revised Code. Upon	233
the approval of the director of rehabilitation and correction, a	234
judicial corrections board mayTwo or more adjoining or	235
neighboring counties that have an aggregate population of two	236
hundred thousand or more are eligible to formulate more than one	237
district community-based correctional proposal upon approval of	238
the director of rehabilitation and correction. In determining	239
whether to grant approval to a judicial corrections board to	240
formulatefor more than one proposal, the director shall consider	241
the rate at which the counties that formed the board commit felony	242
offenders to the state correctional system. If a judicial	243
corrections board formulatestwo or more adjoining or neighboring	244
counties formulate more than one proposal, each proposal shall be	245
for a separate district community-based correctional facility and	246
program. The judicial corrections board shall consist of not more	247
than eleven judges of the member courts of common pleas, and each	248
member court shall be represented on the board by at least one	249
judge. The presiding judge of the court of common pleas of the	250
county with the greatest population or, if that presiding judge is	251
not a judge of the general division of that court, the	252
administrative judge of the general division of that court shall	253
serve as chairperson of the board. The fact of the formation of a	254
board and district, and, for each district community-based	255
correctional proposal formulated under this division, the fact	256
that the proposal has been formulated and the fact of any	257
subsequent establishment of a district community-based	258
correctional facility and program shall be entered upon the	259
journal of each member court of common pleas.	260

(3)(a) The formulation of a proposal for a community-based	261
correctional facility or a district community-based correctional	262
facility shall begin by the establishment of a judicial advisory	263
board by judgment entry. The judicial advisory board shall consist	264
of not less than three judges. Each general division judge of the	265
court of common pleas in the county or counties wishing to	266
formulate a proposal or to continue operation of an existing	267
facility is eligible to become a member of the judicial advisory	268
board but is not required to do so. In addition, a judicial	269
advisory board may invite a non-general division judge of a court	270
of common pleas from within the county or counties proposing the	271
creation of a community-based correctional facility or district	272
community-based correctional facility or a general division judge	273
of a court of common pleas from outside the county or counties	274
proposing the creation of a community-based correctional facility	275
or district community-based correctional facility who regularly	276
sends offenders to its facility to become a member of that	277
judicial advisory board.	278

(b) A judge shall not receive any additional compensation for	279
service on a judicial advisory board, but a judge may be	280
reimbursed for reasonable and necessary expenses incurred as a	281
result of service on the board. Service of a judge on a judicial	282
advisory board pursuant to this section is a judicial function.	283

(c) There shall be a facility governing board for each	284
community-based correctional facility and program or district	285
community-based correctional facility and program, whose members	286
shall be appointed in accordance with division (E) of this	287
section.	288

The judicial advisory board shall meet at least once a year	289
to provide advice to the facility governing board regarding the	290
public safety needs of the community, admission criteria for any	291
community-based correctional facility and program or district	292
community-based correctional facility and program, and the general	293
requirements of the community-based correctional facility and	294
program or district community-based correctional facility and	295
program. The judicial advisory board may meet as often as	296
considered necessary by its members, may communicate directly with	297
the division of parole and community services of the department of	298
rehabilitation and correction, and may provide advice to the	299
facility governing board specifically regarding the agreement	300
entered into between the facility governing board and the division	301
of parole and community services pursuant to section 5120.112 of	302
the Revised Code.	303

(4) A facility governing board shall formulate the proposal	304
for a community-based correctional facility and program or	305
district community-based correctional facility and program and	306
shall govern the facility.	307

(5) Chapter 2744. of the Revised Code applies to the county	308
or counties served by a community-based correctional facility and	309
program or district community-based correctional facility and	310
program established and operated under sections 2301.51 to 2301.58	311
of the Revised Code, to the community-based correctional facility	312
and program or district community-based correctional facility and	313
program so established and operated, and to the facility governing	314
board of the community-based correctional facility and program or	315
district community-based correctional facility and program so	316
established and operated.	317

(6) The members of the judicial advisory board and of the	318
facility governing board of a community-based correctional	319
facility and program or district community-based correctional	320
facility and program established and operated under sections	321
2301.51 to 2301.58 of the Revised Code shall be considered to be	322
public officials or employees for purposes of Chapter 102. of the	323
Revised Code and public officials or public servants for purposes	324
of sections 2921.42 and 2921.43 of the Revised Code.	325

(7) Each member of a facility governing board of a	326
community-based correctional facility and program or district	327
community-based correctional facility and program established and	328
operated under sections 2301.51 to 2301.58 of the Revised Code	329
shall attend orientation training developed by the judicial	330
advisory board of the community-based correctional facility and	331
program or district community-based correctional facility and	332
program, as well as annual ethics training developed by the	333
judicial advisory board in consultation with the Ohio ethics	334
commission or provided by the Ohio ethics commission.	335

(8) A community-based correctional facility and program or a	336
district community-based correctional facility and program	337
established by a judicial corrections board under a prior version	338
of this section shall continue to exist under its existing	339
contractual arrangements but, on and after the effective date of	340
this amendment, shall be governed by a facility governing board	341
and advised by a judicial advisory board created according to this	342
section. Appointments to the facility governing board shall be	343
made in accordance with the appointment procedure set forth in	344
division (E) of this section. The judicial advisory board and the	345
board or boards of county commissioners of the member counties	346
shall make their respective appointments within thirty days after	347
the effective date of this amendment.	348

(B)(1) Each proposal for the establishment of a	349
community-based correctional facility and program or district	350
community-based correctional facility and program that is	351
formulated pursuant to division (A) of this section shall be	352
submitted by the judicial correctionsfacility governing board to	353
the division of parole and community services for its approval	354
under section 5120.10 of the Revised Code.	355

(2) No person shall be sentenced to or placed in a	356
community-based correctional facility and program or to a district	357
community-based correctional facility and program by a court	358
pursuant to section 2929.16 or 2929.17 of the Revised Code or by	359
the parole board pursuant to section 2967.28 of the Revised Code,	360
or otherwise committed or admitted to a facility and program of	361
that type until after the proposal for the establishment of the	362
facility and program has been approved by the division of parole	363
and community services under section 5120.10 of the Revised Code.	364
A person shall be sentenced to a facility and program of that type	365
only pursuant to a sanction imposed by a court pursuant to section	366
2929.16 or 2929.17 of the Revised Code as the sentence or as any	367
part of the sentence of the person or otherwise shall be committed	368
or referred to a facility and program of that type only when	369
authorized by law.	370

(C) Upon the approval by the division of parole and community	371
services of a proposal for the establishment of a community-based	372
correctional facility and program or district community-based	373
correctional facility and program submitted to it under division	374
(B) of this section, the judicial correctionsfacility governing	375
board that submitted the proposal may establish and operate the	376
facility and program addressed by the proposal in accordance with	377
the approved proposal and division (B)(2) of this section. The	378
judicial correctionsfacility governing board may submit a request	379
for funding of some or all of its community-based correctional	380
facilities and programs or district community-based correctional	381
facilities and programs to the board of county commissioners of	382
the county, if the judicial correctionsfacility governing board	383
serves a community-based correctional facility and program, or to	384
the boards of county commissioners of all of the member counties,	385
if the judicial correctionsfacility governing board serves a	386
district community-based correctional facility and program. The	387
board or boards may appropriate, but are not required to	388
appropriate, a sum of money for funding all aspects of each	389
facility and program as outlined in sections 2301.51 to 2301.56	390
2301.58 of the Revised Code. The judicial correctionsfacility	391
governing board has no recourse against a board or boards of	392
county commissioners, either under Chapter 2731. of the Revised	393
Code, under its contempt power, or under any other authority, if	394
the board or boards of county commissioners do not appropriate	395
money for funding any facility orand program or if they	396
appropriate money for funding a facility and program in an amount	397
less than the total amount of the submitted request for funding.	398

(D)(1) If a court of common pleas that is being served by any	399
a community-based correctional facility and program established	400
pursuant to division (C) of this section determines that it no	401
longer wants to be served by the facility and program, the court	402
facility governing board, upon the advice of the judicial advisory	403
board, may dissolve the facility and program by entering upon the	404
journal of the court the fact of the determination to dissolve the	405
facility and program and by notifying, in writing, the division of	406
parole and community services of the determination to dissolve the	407
facility and program. If the court is served by more than one	408
community-based correctional facility and program, itthe facility	409
governing board, upon the advice of the judicial advisory board,	410
may dissolve some or all of the facilities and programs and, if it	411
does not dissolve all of the facilities and programs, itthe	412
facility governing board shall continue the operation of the	413
remaining facilities and programs.	414

(2) If all of the courts of common pleas being served by any	415
district community-based correctional facility and program	416
established pursuant to division (C) of this section determine	417
that they no longer want to be served by the facility and program,	418
the courtsfacility governing board, upon the advice of the	419
judicial advisory board, may dissolve the facility and program by	420
entering upon the journal of each court the fact of the	421
determination to dissolve the facility and program and by the	422
judge who serves as chairperson of the judicial corrections board	423
notifying, in writing, the division of parole and community	424
services of the determination to dissolve the facility and	425
program. If the courts are served by more than one district	426
community-based correctional facility and program, theythe	427
facility governing board, upon the advice of the judicial advisory	428
board, may dissolve some or all of the facilities and programs,	429
and, if they doit does not dissolve all of the facilities and	430
programs, theyit shall continue the operation of the remaining	431
facilities and programs.	432

(3) If at least one, but not all, of the courts of common	433
pleas being served by one or more district community-based	434
correctional facilities and programs established pursuant to	435
division (C) of this section determines that it no longer wants to	436
be served by the facilities and programs, the court may terminate	437
its involvement with each of the facilities and programs by	438
entering upon the journal of the court the fact of the	439
determination to terminate its involvement with the facilities and	440
programs and by the court notifying, in writing, the division of	441
parole and community services of the determination to terminate	442
its involvement with the facilities and programs.	443

If at least one, but not all, of the courts of common pleas	444
being served by one or more district community-based correctional	445
facilities and programs terminates its involvement with each of	446
the facilities and programs in accordance with this division, the	447
other courts of common pleas being served by the facilities and	448
programs may continue to be served by each of the facilities and	449
programs if the other counties are adjoining or neighboring	450
counties and have an aggregate population of two hundred thousand	451
or more. A court may use a facility and program by remaining as a	452
member county of the district community-based correctional	453
facility and program or by making a written service agreement with	454
the facility governing board without remaining as a member county.	455

(E) A facility governing board of a community-based	456
correctional facility and program shall consist of at least six	457
members, each member serving a three-year term. A facility	458
governing board of a district community-based correctional	459
facility and program shall consist of at least six members, each	460
member serving a three-year term, except that not more than	461
one-half of the members shall be from any one county.	462

The judicial advisory board shall appoint two-thirds of the	463
members, and the board or boards of county commissioners of the	464
member counties shall appoint the remaining one-third, or portion	465
thereof, of the members. Of the initial appointments, one-third of	466
the members shall be appointed for a one-year term, one-third of	467
the members shall be appointed for a two-year term, and the	468
remaining one-third or portion thereof of the members shall be	469
appointed for a three-year term. Thereafter, terms of persons	470
appointed to the facility governing board shall be for a	471
three-year term, with each term ending on the same day of the same	472
month of the year as did the term it succeeds.	473

(F) Any member of a facility governing board may be	474
reappointed to serve additional terms. Vacancies on the board	475
shall be filled in the same manner as provided for original	476
appointments. Any member of the board who is appointed to fill a	477
vacancy occurring before the expiration of the term for which the	478
member's predecessor was appointed shall hold office for the	479
remainder of the predecessor's term. Members of the board shall	480
not receive compensation for their services but may be reimbursed	481
for reasonable and necessary expenses incurred as a result of	482
service on the board.	483

(G) Nothing in this section, sections 2301.52 to 2301.56	484
2301.58, or section 5120.10, 5120.111, or 5120.122 of the Revised	485
Code modifies or affects or shall be interpreted as modifying or	486
affecting sections 5149.30 to 5149.37 of the Revised Code.	487

Sec. 2301.52.  Each proposal for a community-based	488
correctional facility and program or a district community-based	489
correctional facility and program shall provide for or contain at	490
least the following:	491

(A) The designation of a physical facility that will be used	492
for the confinement of persons sentenced to the facility and	493
program by a court pursuant to section 2929.16 or 2929.17 of the	494
Revised Code or persons otherwise committed or admitted pursuant	495
to law to the facility and program. The designatedesignated	496
facility shall satisfy all of the following:	497

(1) Be a secure facility that contains lockups and other	498
measures sufficient to ensure the safety of the surrounding	499
community;	500

(2) Provide living space and accommodations that are suitable	501
and adequate for the housing upon release, sentencing, or other	502
commitment or admission of the following number of persons:	503

(a) For a facility that became operational prior to July 1,	504
1993, at least twenty, but not more than two hundred, persons;	505

(b) For a facility that becomes operational on or after July	506
1, 1993, at least fifty, but not more than two hundred, persons.	507
sentenced, or otherwise admitted with the consent of the facility	508
governing board, to the facility and program;	509

(3) Be constructed or modified, and maintained and operated,	510
so that it complies with the rules adopted pursuant to Chapter	511
119. of the Revised Code by the division of parole and community	512
services inof the department of rehabilitation and correction for	513
community-based correctional facilities and programs and district	514
community-based correctional facilities and programs.	515

(B) The designation of a general treatment program that will	516
be applied individually to each person sentenced to the facility	517
and program by a court pursuant to section 2929.16 or 2929.17 of	518
the Revised Code or otherwise committed or admitted pursuant to	519
law to the facility and program. The designated general treatment	520
program shall not be limited to, but at a minimum shall include,	521
provisions to ensure that:	522

(1) Eachbut not be limited to, education, treatment, or work	523
release.	524

(C) A provision that each person sentenced by a court, or	525
otherwise committed or admitted with the consent of the facility	526
governing board, to a facility isshall be provided an orientation	527
period of at least thirty days, during which period the person is	528
not permitted to leave the facility and is evaluated in relation	529
to the person's placement in rehabilitative programs;	530

(2) Each person sentenced by a court or otherwise committed	531
or admitted to a facility is placed in a release program whereby	532
the person will be released temporarily for the purpose of	533
employment in a manner consistent with the applicable work-release	534
program established under section 5147.28 of the Revised Code, for	535
vocational training, or for other educational or rehabilitative	536
programs;	537

(3) All suitable community resources that are available are	538
utilized in the treatment of each person sentenced by a court or	539
otherwise committed or admitted to the facility.	540

(C)(D) Provisions to ensure that the facility and program	541
will be staffed and operated by persons who satisfy the minimum	542
educational and experience requirements that are prescribed by	543
rule by the department of rehabilitation and correctionto ensure	544
security and the effective delivery of services;	545

(D) Provisions for an intake officer to screen each felony	546
offender who is sentenced by the court or courts that the facility	547
and program serve and to make recommendations to the sentencing	548
court concerning the admission or referral of each felony offender	549
to the facility and program within fourteen days after	550
notification of sentencing;	551

(E) Written screening standards that are to be used by an	552
intake officer in screening an offender under the provisions	553
described in division (D) of this section and that at a minimum	554
include provisions to ensure that the intake officer will not make	555
a recommendation to a sentencing court in support of the	556
sentencing of a person to the facility and program if the person	557
is ineligible for placement in the facility and program under	558
rules adopted by the facility's and program's judicial corrections	559
board.Provisions for the facility governing board, upon the	560
advice of the judicial advisory board, to set standards for the	561
screening and admission of each felony offender who is referred by	562
a court pursuant to section 2929.16 or 2929.17 of the Revised Code	563
or by the parole board pursuant to section 2967.28 of the Revised	564
Code;	565

(F) A statement that a good faith effort will be made to	566
ensure that the persons who staff and operate the facility and	567
program proportionately represent the racial, ethnic, and cultural	568
diversity of the persons released, sentenced, or otherwise	569
committed or admitted to the facility and program;.	570

Sec. 2301.55.  (A) If a judicial corrections board	571
establishes one or more community-based correctional facilities	572
and programs or district community-based correctional facilities	573
and programs, all of the following apply, for each facility and	574
program so established:	575

(1) The judicial correctionsUpon the advice of the judicial	576
advisory board, the facility governing board of a community-based	577
correctional facility and program or district community-based	578
correctional facility and program shall appoint a director who, or	579
enter into a contract with a nonprofit or private entity that,	580
shall control, manage, operate, and have general charge of the	581
facility and program and shall have custody of its property,	582
files, and records. When a facility governing board, upon the	583
advice of the judicial advisory board, enters into a contract for	584
the management, operation, and control of a facility and program,	585
an agreement that includes, at a minimum, terms and conditions	586
established by the department of rehabilitation and correction	587
shall be in effect with the chosen contractor. When a facility	588
governing board, upon the advice of the judicial advisory board,	589
appoints a director, the facility governing board shall appoint	590
and fix or approve the compensation of the director of the	591
facility and program and other professional, technical, and	592
clerical employees who are necessary to properly maintain and	593
operate the facility and program.	594

The director, under the supervision of the judicial	595
corrections board and subject to the rules of the judicial	596
corrections board that are prescribed under division (B) of this	597
section, shall control, manage, operate, and have general charge	598
of the facility and program, and shall have the custody of its	599
property, files, and records.	600

(2) All of the following shall be considered to be public	601
officials or employees for purposes of Chapter 102. of the Revised	602
Code and public officials or public servants for purposes of	603
Chapter 2921. of the Revised Code and to be within the authority	604
of the Ohio ethics commission:	605

(a) The director and employees of a community-based	606
correctional facility and program or district community-based	607
correctional facility and program appointed by its facility	608
governing board under division (A)(1) of this section;	609

(b) Any individual serving as director or in a substantially	610
equivalent capacity to director pursuant to a contract between a	611
nonprofit or private entity and a facility governing board entered	612
into under division (A)(1) of this section, in connection with the	613
performance of any duties of the director under the contract;	614

(c) Each trustee or member of the facility governing board;

615

(d) Each officer or board member of a nonprofit or private	616
entity with which a facility governing board contracts under	617
division (A)(1) of this section, in connection with the	618
performance of any duties of the officer or board member under the	619
contract, except that each officer or board member who serves	620
solely as an officer or board member and who does not serve the	621
facility and program as director or in a substantially equivalent	622
capacity to director shall not be required to file a disclosure	623
statement with the Ohio ethics commission under section 102.02 of	624
the Revised Code.	625

(3) Nothing in Chapters 102. and 2921. of the Revised Code	626
shall prohibit a board member of a nonprofit or private entity	627
with which a facility governing board contracts under division	628
(A)(1) of this section, who is not serving the facility and	629
program as director or in a substantially equivalent capacity to	630
director, from also being a shareholder, director, or employee of,	631
or otherwise from having a financial interest in, a nonprofit or	632
private entity that contracts under division (A)(1) of this	633
section or from being a shareholder, director, officer, or	634
employee of, or otherwise from having a financial interest in, a	635
private entity that contracts to sell goods or services to a	636
nonprofit or private entity that contracts under division (A)(1)	637
of this section.	638

(4) Nothing in Chapters 102. and 2921. of the Revised Code	639
shall prohibit an officer of a nonprofit or private entity with	640
which a facility governing board contracts under division (A)(1)	641
of this section from:	642

(a) Having an interest in the profits or benefits of the	643
contract awarded by a facility governing board under division	644
(A)(1) of this section;	645

(b) Participating in negotiations for the renewal or	646
extension of an existing contract awarded under division (A)(1) of	647
this section; or	648

(c) Negotiating a new contract on behalf of that entity with	649
a facility governing board under division (A)(1) of this section.	650

(5)(a) Nothing in this section shall be construed to mean	651
that a nonprofit or private entity with which a facility governing	652
board contracts under division (A)(1) of this section is a public	653
agency as defined in division (C) of section 102.01 of the Revised	654
Code, a public body as defined in division (B)(1) of section	655
121.22 of the Revised Code, a political subdivision, public	656
employer, or public office, or otherwise a public entity.	657

(b) Nothing in division (A)(5)(a) of this section shall be	658
construed to prohibit the auditor of state from conducting audits,	659
as provided in division (D)(1) of section 2301.56 of the Revised	660
Code, of a nonprofit or private entity performing the day-to-day	661
operation of a community-based correctional facility and program	662
or district community-based correctional facility and program	663
pursuant to a contract under division (A)(1) of this section.	664

(B) The judicial correctionsfacility governing board may	665
enter into contracts with the board of county commissioners of the	666
county in which the facility and program is located or, in the	667
case of a district facility and program, with the county	668
commissioners of any county included in the district, whereby the	669
county is to provide buildings, goods, and services to the	670
facility and program.	671

(3)(C) The judicial correctionsfacility governing board,	672
upon the advice of the judicial advisory board, shall adopt rules	673
for the sentencing or other commitment or admission pursuant to	674
law of persons to, and the operation of, the facility and program.	675
The rules shall provide procedures that conform to sections	676
2301.51 to 2301.562301.58, 5120.10, 5120.111, and 5120.112 of the	677
Revised Code. The rules adopted under this division shall be	678
entered upon the journal of the court of each member court of a	679
district.	680

(B)(D) A judicial correctionsfacility governing board that	681
establishes one or more community-based correctional facilities	682
and programs or district community-based correctional facilities	683
and programs may accept any gift, donation, devise, or bequest of	684
real or personal property made to it by any person, or any grant	685
or appropriation made to it by any federal, state, or local	686
governmental unit or agency, and use the gift, donation, devise,	687
bequest, grant, or appropriation in any manner that is consistent	688
with any conditions of the gift, donation, devise, bequest, grant,	689
or appropriation and that it considers to be in the interests of	690
the facility and program. The judicial correctionsfacility	691
governing board may sell, lease, convey, or otherwise transfer any	692
real or personal property that it accepts pursuant to this	693
division following the procedures specified in sections 307.09,	694
307.10, and 307.12 of the Revised Code.	695

(C) A judicial corrections board that establishes one or more	696
community-based correctional facilities and programs or district	697
community-based correctional facilities and programs shall provide	698
the citizens advisory board of the facilities and programs with	699
the staff assistance that the citizens advisory board requires to	700
perform the duties imposed by section 2301.54 of the Revised Code.	701

(E) A facility governing board of a community-based	702
correctional facility and program or district community-based	703
correctional facility and program may purchase liability insurance	704
to cover members of the facility governing board, the judicial	705
advisory board, and the community-based correctional facility	706
employees or district community-based correctional facility	707
employees when engaged in the performance of their duties.	708

(F)(1) A facility governing board of a community-based	709
correctional facility and program or district community-based	710
correctional facility and program may contract for legal services	711
for the facility governing board, the judicial advisory board, and	712
the community-based correctional facility employees or district	713
community-based correctional facility employees when engaged in	714
the performance of their duties. Except as otherwise provided in	715
division (F)(2) of this section, in the absence of a contract for	716
legal services, the prosecuting attorney of the county in which a	717
community-based correctional facility and program is located or	718
the prosecuting attorney of any county in which a district	719
community-based correctional facility and program is located shall	720
provide legal services to the facility governing board, the	721
judicial advisory board, and the community-based correctional	722
facility employees or district community-based correctional	723
facility employees when engaged in the performance of their	724
duties. The prosecuting attorney shall be reasonably reimbursed	725
for these legal services.	726

(2) Nothing in division (F)(1) of this section obligates a	727
prosecuting attorney to provide legal services to a nonprofit or	728
private entity that has entered into a contract with a facility	729
governing board to manage, operate, and control a community-based	730
correctional facility and program or a district community-based	731
correctional facility and program, or to provide legal services to	732
the employees of any such entity.	733

(G)(1) A facility governing board of a community-based	734
correctional facility and program or a district community-based	735
correctional facility and program may contract with a fiscal agent	736
that shall be responsible for the deposit of funds and compliance	737
with division (D)(1) of section 2301.56 of the Revised Code.	738
Except as otherwise provided in division (G)(2) of this section,	739
in the absence of a contract for a fiscal agent, the county	740
auditor of the county in which a community-based correctional	741
facility and program is located or the county auditor of any	742
county in which a district community-based correctional facility	743
and program is located shall provide fiscal services to the	744
facility governing board. The county auditor shall be reasonably	745
reimbursed for these fiscal services.	746

(2) Nothing in division (G)(1) of this section obligates a	747
county auditor to provide fiscal services to a nonprofit or	748
private entity that has entered into a contract with a facility	749
governing board to manage, operate, and control a community-based	750
correctional facility and program or a district community-based	751
correctional facility and program.	752

Sec. 2301.56.  (A) A judicial correctionsfacility governing	753
board that proposes or establishes one or more community-based	754
correctional facilities and programs or district community-based	755
correctional facilities and programs may apply to the division of	756
parole and community services of the department of rehabilitation	757
and correction for state financial assistance for the cost of	758
renovation, maintenance, and operation of any of the facilities	759
and programs. If the judicial correctionsfacility governing board	760
has proposed or established more than one facility and program and	761
if it desires state financial assistance for more than one of the	762
facilities and programs, the board shall submit a separate	763
application for each facility and program for which it desires the	764
financial assistance.	765

An application for state financial assistance under this	766
section may be made when the judicial correctionsfacility	767
governing board submits for the approval of the sectiondivision	768
of parole and community services its proposal for the	769
establishment of the facility and program in question to the	770
division of parole and community services under division (B) of	771
section 2301.51 of the Revised Code, or at any time after the	772
sectiondivision has approved the proposal. All applications for	773
state financial assistance for proposed or approved facilities and	774
programs shall be made on forms that are prescribed and furnished	775
by the department of rehabilitation and correction, and in	776
accordance with section 5120.112 of the Revised Code.	777

(B) The judicial correctionsfacility governing board may	778
submit a request for funding of some or all of its community-based	779
correctional facilities and programs or district community-based	780
correctional facilities and programs to the board of county	781
commissioners of the county, if the judicial correctionsfacility	782
governing board serves a community-based correctional facility and	783
program, or to the boards of county commissioners of all of the	784
member counties, if the judicial correctionsfacility governing	785
board serves a district community-based correctional facility and	786
program. The board or boards may appropriate, but are not required	787
to appropriate, a sum of money for funding all aspects of each	788
facility and program as outlined in sections 2301.51 to 2301.56	789
2301.58 of the Revised Code. The judicial correctionsfacility	790
governing board has no recourse against a board or boards of	791
county commissioners, either under Chapter 2731. of the Revised	792
Code, under its contempt power, or under any other authority, if	793
the board or boards of county commissioners do not appropriate	794
money for funding any facility orand program or if they	795
appropriate money for funding a facility and program in an amount	796
less than the total amount of the submitted request for funding.	797

(B)(C) Pursuant to section 2929.37 of the Revised Code, a	798
board of county commissioners may require a person who was	799
convicted of an offense and who is confined in a community-based	800
correctional facility or district community-based correctional	801
facility as provided in sections 2301.51 to 2301.562301.58 of the	802
Revised Code, to reimburse the county for its expenses incurred by	803
reason of the person's confinement.	804

(C) Notwithstanding any contrary provision in this section or	805
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	806
judicial corrections board may establish a policy that complies	807
with section 2929.38 of the Revised Code and that requires any	808
person who is not indigent and who is confined in the	809
community-based correctional facility or district community-based	810
correctional facility to pay a reception fee or a fee for any	811
medical treatment or service requested by and provided to that	812
person.	813

(D) If a person who has been convicted of or pleaded guilty	814
to an offense is confined in a community-based correctional	815
facility or district community-based correctional facility, at the	816
time of reception and at other times the person in charge of the	817
operation of the facility determines to be appropriate, the person	818
in charge of the operation of the facility may cause the convicted	819
offender to be examined and tested for tuberculosis, HIV	820
infection, hepatitis, including but not limited to hepatitis A, B,	821
and C, and other contagious diseases. The person in charge of the	822
operation of the facility may cause a convicted offender in the	823
facility who refuses to be tested or treated for tuberculosis, HIV	824
infection, hepatitis, including but not limited to hepatitis A, B,	825
and C, or another contagious disease to be tested and treated	826
involuntarily.	827

(E)(1) Community-based correctional facilities and programs	828
and district community-based correctional facilities and programs	829
are public offices under section 117.01 of the Revised Code and	830
are subject to audit under section 117.10 of the Revised Code. The	831
audits of the facilities and programs shall include financial	832
audits and, in addition, in the circumstances specified in this	833
division, performance audits by the auditor of state. If a private	834
or nonprofit entity performs the day-to-day operation of any	835
community-based correctional facility and program or district	836
community-based correctional facility and program, the private or	837
nonprofit entity also is subject to financial audits under	838
section 117.10 of the Revised Code, and, in addition, in the	839
circumstances specified in this division, to performance audits by	840
the auditor of state. The auditor of state shall conduct the	841
performance audits of a facility and program and of an entity	842
required under section 117.10 of the Revised Code and this	843
division and, notwithstanding the time period for audits specified	844
in section 117.11 of the Revised Code, shall conduct the financial	845
audits of a facility and program and of an entity required under	846
section 117.10 of the Revised Code and this division, in	847
accordance with the following criteria:	848

(a) For each facility and program and each entity, the	849
auditor of state shall conduct the initial financial audit within	850
two years after the effective date of this amendmentMarch 31,	851
2003, or, if the facility and program in question is established	852
on or after the effective date of this amendmentMarch 31, 2003,	853
within two years after the date on which it is established.	854

(b) After the initial financial audit described in division	855
(E)(D)(1)(a) of this section, for each facility and program and	856
each entity, the auditor of state shall conduct the financial	857
audits of the facility and program or the entity at least once	858
every two fiscal years.	859

(c) At any time after the effective date of this amendment	860
March 31, 2003, regarding a facility and program or regarding an	861
entity that performs the day-to-day operation of a facility and	862
program, the department of rehabilitation and correction or the	863
judicial correctionsfacility governing board that established the	864
facility and program may request, or the auditor of state on its	865
own initiative may undertake, a performance audit of the facility	866
and program or the entity. Upon the receipt of the request, or	867
upon the auditor of state's own initiative as described in this	868
division, the auditor of state shall conduct a performance audit	869
of the facility and program or the entity.	870

(2) The department of rehabilitation and correction shall	871
prepare and provide to the auditor of state quarterly financial	872
reports for each community-based correctional facility and	873
program, for each district community-based correctional facility	874
and program, and, to the extent that information is available, for	875
each private or nonprofit entity that performs the day-to-day	876
operation of any community-based correctional facility and program	877
or district community-based correctional facility and program.	878
Each report shall cover a three-month period and shall be provided	879
to the auditor of state not later than fifteen days after the end	880
of the period covered by the report.	881

Sec. 2301.57.  (A) For each person who is confined in a	882
community-based correctional facility or district community-based	883
correctional facility as provided in sections 2301.51 to 2301.56	884
2301.58 of the Revised Code, the countyfacility may make a	885
determination as to whether the person is covered under a health	886
insurance or health care policy, contract, or plan and, if the	887
person has such coverage, what terms and conditions are imposed by	888
it for the filing and payment of claims.	889

(B) If, pursuant to division (A) of this section, it is	890
determined that the person is covered under a policy, contract, or	891
plan and, while that coverage is in force, the correctional	892
facility renders or arranges for the rendering of health care	893
services to the person in accordance with the terms and conditions	894
of the policy, contract, or plan, then the person, county	895
facility, or provider of the health care services, as appropriate	896
under the terms and conditions of the policy, contract, or plan,	897
shall promptly submit a claim for payment for the health care	898
services to the appropriate third-party payer and shall designate,	899
or make any other arrangement necessary to ensure, that payment of	900
any amount due on the claim be made to the countyfacility or	901
provider, as the case may be.	902

(C) Any payment made to the county pursuant to division (B)	903
of this section shall be paid into the treasury of the county that	904
incurred the expenses.	905

(D) This section also applies to any person who is under the	906
custody of a law enforcement officer, as defined in section	907
2901.01 of the Revised Code, prior to the person's confinement in	908
the correctional facility.	909

(D) Notwithstanding any contrary provision in this section or	910
section 2929.18, 2929.21, 2929.26, or 2929.37 of the Revised Code,	911
the facility governing board may establish a policy that complies	912
with section 2929.38 of the Revised Code and that requires any	913
person who is not indigent and who is confined in the	914
community-based correctional facility or district community-based	915
correctional facility to pay a reception fee.	916

(E) If a person who has been convicted of or pleaded guilty	917
to an offense is confined in a community-based correctional	918
facility or district community-based correctional facility, the	919
person in charge of the facility's operation may cause the	920
offender, at the time of reception and at other times the person	921
in charge of the operation of the facility determines to be	922
appropriate, to be examined and tested for tuberculosis, HIV	923
infection, hepatitis, including, but not limited to, hepatitis A,	924
B, and C, and other contagious diseases. The person in charge of	925
the facility's operation may cause an offender in the facility who	926
refuses to be tested or treated for tuberculosis, HIV infection,	927
hepatitis, including, but not limited to, hepatitis A, B, and C,	928
or another contagious disease to be tested and treated	929
involuntarily.	930

Sec. 2301.571.  (A) A person who has been convicted of or	931
pleaded guilty to an offense and who is confined in a	932
community-based correctional facility or district community-based	933
correctional facility, unless indigent, is financially responsible	934
for the payment of any medical expense or service requested by and	935
provided to that person.	936

(B) Notwithstanding any contrary provision of section 2929.38	937
of the Revised Code, the facility governing board of a	938
community-based correctional facility or district community-based	939
correctional facility shall establish a policy that requires any	940
person who is not indigent and who is confined in the correctional	941
facility to pay for any medical treatment or service requested by	942
and provided to that person. The fee for the medical treatment or	943
service shall not exceed the actual cost of the treatment or	944
service provided. No person confined in a community-based	945
correctional facility or district community-based correctional	946
facility shall be denied any necessary medical care because of	947
inability to pay for medical treatment or service.	948

(C) Any fee paid by a person under this section shall be	949
deducted from any medical or dental costs that the person is	950
ordered to reimburse under a financial sanction imposed pursuant	951
to section 2929.28 of the Revised Code or to repay under a policy	952
adopted under section 2929.37 of the Revised Code.	953

Sec. 2301.58.  (A) Upon approval of the facility governing	954
board, the director of the community-based correctional facility	955
or district community-based correctional facility may establish a	956
resident program fund. The director shall deposit in the fund all	957
revenues received by the facility from commissions on telephone	958
systems, commissary operations, reimbursable costs such as per	959
diem and medical services, and similar services. The money in the	960
fund shall only be used to pay for the costs of the following	961
expenses:	962

(1) The purchase of materials, supplies, and equipment used	963
in any library program, educational program, vocational program,	964
rehabilitative program, religious program, medical services	965
program, or recreational program operated by the facility for the	966
benefit of the residents;	967

(2) The construction, alteration, repair, or reconstruction	968
of a facility under the control of the facility governing board	969
for use in any library program, educational program, vocational	970
program, rehabilitative program, religious program, medical	971
services program, or recreational program operated by the facility	972
for the benefit of the residents;	973

(3) The payment of salaries, wages, and other compensation to	974
employees of the facility who are employed in any library program,	975
educational program, vocational program, rehabilitative program,	976
religious program, medical services program, or recreational	977
program operated by the facility for the benefit of the residents;	978

(4) The compensation of vendors that contract with the	979
facility for the provision of services for any library program,	980
educational program, vocational program, rehabilitative program,	981
religious program, medical services program, or recreational	982
program for the benefit of the residents;	983

(5) The purchase of other goods and the payment of other	984
services that are determined, at the discretion of the director,	985
to be goods and services that may provide additional benefit to	986
the residents;	987

(6) The costs for the auditing of the resident program fund.

988

(B) If a commissary is established by the community-based	989
correctional facility or the district community-based correctional	990
facility, all persons confined in the facility shall receive	991
commissary privileges, and the commissary shall provide for the	992
distribution of necessary hygiene articles and writing materials	993
to indigent residents.	994

(C) The director shall establish rules, to be approved by the	995
facility governing board, for the operation of the resident	996
program fund that follow guidelines established by the auditor of	997
state.	998

Sec. 2744.01.  As used in this chapter:

999

(A) "Emergency call" means a call to duty, including, but not	1000
limited to, communications from citizens, police dispatches, and	1001
personal observations by peace officers of inherently dangerous	1002
situations that demand an immediate response on the part of a	1003
peace officer.	1004

(B) "Employee" means an officer, agent, employee, or servant,	1005
whether or not compensated or full-time or part-time, who is	1006
authorized to act and is acting within the scope of the officer's,	1007
agent's, employee's, or servant's employment for a political	1008
subdivision. "Employee" does not include an independent contractor	1009
and does not include any individual engaged by a school district	1010
pursuant to section 3319.301 of the Revised Code. "Employee"	1011
includes any elected or appointed official of a political	1012
subdivision. "Employee" also includes a person who has been	1013
convicted of or pleaded guilty to a criminal offense and who has	1014
been sentenced to perform community service work in a political	1015
subdivision whether pursuant to section 2951.02 of the Revised	1016
Code or otherwise, and a child who is found to be a delinquent	1017
child and who is ordered by a juvenile court pursuant to section	1018
2152.19 or 2152.20 of the Revised Code to perform community	1019
service or community work in a political subdivision.	1020

(C)(1) "Governmental function" means a function of a	1021
political subdivision that is specified in division (C)(2) of this	1022
section or that satisfies any of the following:	1023

(a) A function that is imposed upon the state as an	1024
obligation of sovereignty and that is performed by a political	1025
subdivision voluntarily or pursuant to legislative requirement;	1026

(b) A function that is for the common good of all citizens of	1027
the state;	1028

(c) A function that promotes or preserves the public peace,	1029
health, safety, or welfare; that involves activities that are not	1030
engaged in or not customarily engaged in by nongovernmental	1031
persons; and that is not specified in division (G)(2) of this	1032
section as a proprietary function.	1033

(2) A "governmental function" includes, but is not limited	1034
to, the following:	1035

(a) The provision or nonprovision of police, fire, emergency	1036
medical, ambulance, and rescue services or protection;	1037

(b) The power to preserve the peace; to prevent and suppress	1038
riots, disturbances, and disorderly assemblages; to prevent,	1039
mitigate, and clean up releases of oil and hazardous and extremely	1040
hazardous substances as defined in section 3750.01 of the Revised	1041
Code; and to protect persons and property;	1042

(c) The provision of a system of public education;

1043

(d) The provision of a free public library system;

1044

(e) The regulation of the use of, and the maintenance and	1045
repair of, roads, highways, streets, avenues, alleys, sidewalks,	1046
bridges, aqueducts, viaducts, and public grounds;	1047

(f) Judicial, quasi-judicial, prosecutorial, legislative, and	1048
quasi-legislative functions;	1049

(g) The construction, reconstruction, repair, renovation,	1050
maintenance, and operation of buildings that are used in	1051
connection with the performance of a governmental function,	1052
including, but not limited to, office buildings and courthouses;	1053

(h) The design, construction, reconstruction, renovation,	1054
repair, maintenance, and operation of jails, places of juvenile	1055
detention, workhouses, or any other detention facility, as defined	1056
in section 2921.01 of the Revised Code;	1057

(i) The enforcement or nonperformance of any law;

1058

(j) The regulation of traffic, and the erection or	1059
nonerection of traffic signs, signals, or control devices;	1060

(k) The collection and disposal of solid wastes, as defined	1061
in section 3734.01 of the Revised Code, including, but not limited	1062
to, the operation of solid waste disposal facilities, as	1063
"facilities" is defined in that section, and the collection and	1064
management of hazardous waste generated by households. As used in	1065
division (C)(2)(k) of this section, "hazardous waste generated by	1066
households" means solid waste originally generated by individual	1067
households that is listed specifically as hazardous waste in or	1068
exhibits one or more characteristics of hazardous waste as defined	1069
by rules adopted under section 3734.12 of the Revised Code, but	1070
that is excluded from regulation as a hazardous waste by those	1071
rules.	1072

(l) The provision or nonprovision, planning or design,	1073
construction, or reconstruction of a public improvement,	1074
including, but not limited to, a sewer system;	1075

(m) The operation of a job and family services department or	1076
agency, including, but not limited to, the provision of assistance	1077
to aged and infirm persons and to persons who are indigent;	1078

(n) The operation of a health board, department, or agency,	1079
including, but not limited to, any statutorily required or	1080
permissive program for the provision of immunizations or other	1081
inoculations to all or some members of the public, provided that a	1082
"governmental function" does not include the supply, manufacture,	1083
distribution, or development of any drug or vaccine employed in	1084
any such immunization or inoculation program by any supplier,	1085
manufacturer, distributor, or developer of the drug or vaccine;	1086

(o) The operation of mental health facilities, mental	1087
retardation or developmental disabilities facilities, alcohol	1088
treatment and control centers, and children's homes or agencies;	1089

(p) The provision or nonprovision of inspection services of	1090
all types, including, but not limited to, inspections in	1091
connection with building, zoning, sanitation, fire, plumbing, and	1092
electrical codes, and the taking of actions in connection with	1093
those types of codes, including, but not limited to, the approval	1094
of plans for the construction of buildings or structures and the	1095
issuance or revocation of building permits or stop work orders in	1096
connection with buildings or structures;	1097

(q) Urban renewal projects and the elimination of slum	1098
conditions;	1099

(r) Flood control measures;

1100

(s) The design, construction, reconstruction, renovation,	1101
operation, care, repair, and maintenance of a township cemetery;	1102

(t) The issuance of revenue obligations under section 140.06	1103
of the Revised Code;	1104

(u) The design, construction, reconstruction, renovation,	1105
repair, maintenance, and operation of any school athletic	1106
facility, school auditorium, or gymnasium or any recreational area	1107
or facility, including, but not limited to, any of the following:	1108

(i) A park, playground, or playfield;

1109

(ii) An indoor recreational facility;

1110

(iii) A zoo or zoological park;

1111

(iv) A bath, swimming pool, pond, water park, wading pool,	1112
wave pool, water slide, or other type of aquatic facility;	1113

(v) A golf course;

1114

(vi) A bicycle motocross facility or other type of	1115
recreational area or facility in which bicycling, skating, skate	1116
boarding, or scooter riding is engaged;	1117

(vii) A rope course or climbing walls;

1118

(viii) An all-purpose vehicle facility in which all-purpose	1119
vehicles, as defined in section 4519.01 of the Revised Code, are	1120
contained, maintained, or operated for recreational activities.	1121

(v) The provision of public defender services by a county or	1122
joint county public defender's office pursuant to Chapter 120. of	1123
the Revised Code;	1124

(w)(i) At any time before regulations prescribed pursuant to	1125
49 U.S.C.A 20153 become effective, the designation, establishment,	1126
design, construction, implementation, operation, repair, or	1127
maintenance of a public road rail crossing in a zone within a	1128
municipal corporation in which, by ordinance, the legislative	1129
authority of the municipal corporation regulates the sounding of	1130
locomotive horns, whistles, or bells;	1131

(ii) On and after the effective date of regulations	1132
prescribed pursuant to 49 U.S.C.A. 20153, the designation,	1133
establishment, design, construction, implementation, operation,	1134
repair, or maintenance of a public road rail crossing in such a	1135
zone or of a supplementary safety measure, as defined in 49	1136
U.S.C.A 20153, at or for a public road rail crossing, if and to	1137
the extent that the public road rail crossing is excepted,	1138
pursuant to subsection (c) of that section, from the requirement	1139
of the regulations prescribed under subsection (b) of that	1140
section.	1141

(x) A function that the general assembly mandates a political	1142
subdivision to perform.	1143

(D) "Law" means any provision of the constitution, statutes,	1144
or rules of the United States or of this state; provisions of	1145
charters, ordinances, resolutions, and rules of political	1146
subdivisions; and written policies adopted by boards of education.	1147
When used in connection with the "common law," this definition	1148
does not apply.	1149

(E) "Motor vehicle" has the same meaning as in section	1150
4511.01 of the Revised Code.	1151

(F) "Political subdivision" or "subdivision" means a	1152
municipal corporation, township, county, school district, or other	1153
body corporate and politic responsible for governmental activities	1154
in a geographic area smaller than that of the state. "Political	1155
subdivision" includes, but is not limited to, a county hospital	1156
commission appointed under section 339.14 of the Revised Code,	1157
board of hospital commissioners appointed for a municipal hospital	1158
under section 749.04 of the Revised Code, board of hospital	1159
trustees appointed for a municipal hospital under section 749.22	1160
of the Revised Code, regional planning commission created pursuant	1161
to section 713.21 of the Revised Code, county planning commission	1162
created pursuant to section 713.22 of the Revised Code, joint	1163
planning council created pursuant to section 713.231 of the	1164
Revised Code, interstate regional planning commission created	1165
pursuant to section 713.30 of the Revised Code, port authority	1166
created pursuant to section 4582.02 or 4582.26 of the Revised Code	1167
or in existence on December 16, 1964, regional council established	1168
by political subdivisions pursuant to Chapter 167. of the Revised	1169
Code, emergency planning district and joint emergency planning	1170
district designated under section 3750.03 of the Revised Code,	1171
joint emergency medical services district created pursuant to	1172
section 307.052 of the Revised Code, fire and ambulance district	1173
created pursuant to section 505.375 of the Revised Code, joint	1174
interstate emergency planning district established by an agreement	1175
entered into under that section, county solid waste management	1176
district and joint solid waste management district established	1177
under section 343.01 or 343.012 of the Revised Code, and community	1178
school established under Chapter 3314. of the Revised Code, the	1179
county or counties served by a community-based correctional	1180
facility and program or district community-based correctional	1181
facility and program established and operated under sections	1182
2301.51 to 2301.58 of the Revised Code, a community-based	1183
correctional facility and program or district community-based	1184
correctional facility and program that is so established and	1185
operated, and the facility governing board of a community-based	1186
correctional facility and program or district community-based	1187
correctional facility and program that is so established and	1188
operated.	1189

(G)(1) "Proprietary function" means a function of a political	1190
subdivision that is specified in division (G)(2) of this section	1191
or that satisfies both of the following:	1192

(a) The function is not one described in division (C)(1)(a)	1193
or (b) of this section and is not one specified in division (C)(2)	1194
of this section;	1195

(b) The function is one that promotes or preserves the public	1196
peace, health, safety, or welfare and that involves activities	1197
that are customarily engaged in by nongovernmental persons.	1198

(2) A "proprietary function" includes, but is not limited to,	1199
the following:	1200

(a) The operation of a hospital by one or more political	1201
subdivisions;	1202

(b) The design, construction, reconstruction, renovation,	1203
repair, maintenance, and operation of a public cemetery other than	1204
a township cemetery;	1205

(c) The establishment, maintenance, and operation of a	1206
utility, including, but not limited to, a light, gas, power, or	1207
heat plant, a railroad, a busline or other transit company, an	1208
airport, and a municipal corporation water supply system;	1209

(d) The maintenance, destruction, operation, and upkeep of a	1210
sewer system;	1211

(e) The operation and control of a public stadium,	1212
auditorium, civic or social center, exhibition hall, arts and	1213
crafts center, band or orchestra, or off-street parking facility.	1214

(H) "Public roads" means public roads, highways, streets,	1215
avenues, alleys, and bridges within a political subdivision.	1216
"Public roads" does not include berms, shoulders, rights-of-way,	1217
or traffic control devices unless the traffic control devices are	1218
mandated by the Ohio manual of uniform traffic control devices.	1219

(I) "State" means the state of Ohio, including, but not	1220
limited to, the general assembly, the supreme court, the offices	1221
of all elected state officers, and all departments, boards,	1222
offices, commissions, agencies, colleges and universities,	1223
institutions, and other instrumentalities of the state of Ohio.	1224
"State" does not include political subdivisions.	1225

Sec. 2929.01.  As used in this chapter:

1226

(A)(1) "Alternative residential facility" means, subject to	1227
division (A)(2) of this section, any facility other than an	1228
offender's home or residence in which an offender is assigned to	1229
live and that satisfies all of the following criteria:	1230

(a) It provides programs through which the offender may seek	1231
or maintain employment or may receive education, training,	1232
treatment, or habilitation.	1233

(b) It has received the appropriate license or certificate	1234
for any specialized education, training, treatment, habilitation,	1235
or other service that it provides from the government agency that	1236
is responsible for licensing or certifying that type of education,	1237
training, treatment, habilitation, or service.	1238

(2) "Alternative residential facility" does not include a	1239
community-based correctional facility, jail, halfway house, or	1240
prison.	1241

(B) "Bad time" means the time by which the parole board	1242
administratively extends an offender's stated prison term or terms	1243
pursuant to section 2967.11 of the Revised Code because the parole	1244
board finds by clear and convincing evidence that the offender,	1245
while serving the prison term or terms, committed an act that is a	1246
criminal offense under the law of this state or the United States,	1247
whether or not the offender is prosecuted for the commission of	1248
that act.	1249

(C) "Basic probation supervision" means a requirement that	1250
the offender maintain contact with a person appointed to supervise	1251
the offender in accordance with sanctions imposed by the court or	1252
imposed by the parole board pursuant to section 2967.28 of the	1253
Revised Code. "Basic probation supervision" includes basic parole	1254
supervision and basic post-release control supervision.	1255

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1256
"unit dose" have the same meanings as in section 2925.01 of the	1257
Revised Code.	1258

(E) "Community-based correctional facility" means a	1259
community-based correctional facility and program or district	1260
community-based correctional facility and program developed	1261
pursuant to sections 2301.51 to 2301.562301.58 of the Revised	1262
Code.	1263

(F) "Community control sanction" means a sanction that is not	1264
a prison term and that is described in section 2929.15, 2929.16,	1265
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1266
a jail term and that is described in section 2929.26, 2929.27, or	1267
2929.28 of the Revised Code. "Community control sanction"	1268
includes probation if the sentence involved was imposed for a	1269
felony that was committed prior to July 1, 1996, or if the	1270
sentence involved was imposed for a misdemeanor that was committed	1271
prior to January 1, 2004.	1272

(G) "Controlled substance," "marihuana," "schedule I," and	1273
"schedule II" have the same meanings as in section 3719.01 of the	1274
Revised Code.	1275

(H) "Curfew" means a requirement that an offender during a	1276
specified period of time be at a designated place.	1277

(I) "Day reporting" means a sanction pursuant to which an	1278
offender is required each day to report to and leave a center or	1279
other approved reporting location at specified times in order to	1280
participate in work, education or training, treatment, and other	1281
approved programs at the center or outside the center.	1282

(J) "Deadly weapon" has the same meaning as in section	1283
2923.11 of the Revised Code.	1284

(K) "Drug and alcohol use monitoring" means a program under	1285
which an offender agrees to submit to random chemical analysis of	1286
the offender's blood, breath, or urine to determine whether the	1287
offender has ingested any alcohol or other drugs.	1288

(L) "Drug treatment program" means any program under which a	1289
person undergoes assessment and treatment designed to reduce or	1290
completely eliminate the person's physical or emotional reliance	1291
upon alcohol, another drug, or alcohol and another drug and under	1292
which the person may be required to receive assessment and	1293
treatment on an outpatient basis or may be required to reside at a	1294
facility other than the person's home or residence while	1295
undergoing assessment and treatment.	1296

(M) "Economic loss" means any economic detriment suffered by	1297
a victim as a direct and proximate result of the commission of an	1298
offense and includes any loss of income due to lost time at work	1299
because of any injury caused to the victim, and any property loss,	1300
medical cost, or funeral expense incurred as a result of the	1301
commission of the offense. "Economic loss" does not include	1302
non-economic loss or any punitive or exemplary damages.	1303

(N) "Education or training" includes study at, or in	1304
conjunction with a program offered by, a university, college, or	1305
technical college or vocational study and also includes the	1306
completion of primary school, secondary school, and literacy	1307
curricula or their equivalent.	1308

(O) "Firearm" has the same meaning as in section 2923.11 of	1309
the Revised Code.	1310

(P) "Halfway house" means a facility licensed by the division	1311
of parole and community services of the department of	1312
rehabilitation and correction pursuant to section 2967.14 of the	1313
Revised Code as a suitable facility for the care and treatment of	1314
adult offenders.	1315

(Q) "House arrest" means a period of confinement of an	1316
offender that is in the offender's home or in other premises	1317
specified by the sentencing court or by the parole board pursuant	1318
to section 2967.28 of the Revised Code and during which all of the	1319
following apply:	1320

(1) The offender is required to remain in the offender's home	1321
or other specified premises for the specified period of	1322
confinement, except for periods of time during which the offender	1323
is at the offender's place of employment or at other premises as	1324
authorized by the sentencing court or by the parole board.	1325

(2) The offender is required to report periodically to a	1326
person designated by the court or parole board.	1327

(3) The offender is subject to any other restrictions and	1328
requirements that may be imposed by the sentencing court or by the	1329
parole board.	1330

(R) "Intensive probation supervision" means a requirement	1331
that an offender maintain frequent contact with a person appointed	1332
by the court, or by the parole board pursuant to section 2967.28	1333
of the Revised Code, to supervise the offender while the offender	1334
is seeking or maintaining necessary employment and participating	1335
in training, education, and treatment programs as required in the	1336
court's or parole board's order. "Intensive probation supervision"	1337
includes intensive parole supervision and intensive post-release	1338
control supervision.	1339

(S) "Jail" means a jail, workhouse, minimum security jail, or	1340
other residential facility used for the confinement of alleged or	1341
convicted offenders that is operated by a political subdivision or	1342
a combination of political subdivisions of this state.	1343

(T) "Jail term" means the term in a jail that a sentencing	1344
court imposes or is authorized to impose pursuant to section	1345
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1346
provision of the Revised Code that authorizes a term in a jail for	1347
a misdemeanor conviction.	1348

(U) "Mandatory jail term" means the term in a jail that a	1349
sentencing court is required to impose pursuant to division (G) of	1350
section 1547.99 of the Revised Code, division (E) of section	1351
2903.06 or division (D) of section 2903.08 of the Revised Code,	1352
division (E) of section 2929.24 of the Revised Code, division (B)	1353
of section 4510.14 of the Revised Code, or division (G) of section	1354
4511.19 of the Revised Code or pursuant to any other provision of	1355
the Revised Code that requires a term in a jail for a misdemeanor	1356
conviction.	1357

(V) "Delinquent child" has the same meaning as in section	1358
2152.02 of the Revised Code.	1359

(W) "License violation report" means a report that is made by	1360
a sentencing court, or by the parole board pursuant to section	1361
2967.28 of the Revised Code, to the regulatory or licensing board	1362
or agency that issued an offender a professional license or a	1363
license or permit to do business in this state and that specifies	1364
that the offender has been convicted of or pleaded guilty to an	1365
offense that may violate the conditions under which the offender's	1366
professional license or license or permit to do business in this	1367
state was granted or an offense for which the offender's	1368
professional license or license or permit to do business in this	1369
state may be revoked or suspended.	1370

(X) "Major drug offender" means an offender who is convicted	1371
of or pleads guilty to the possession of, sale of, or offer to	1372
sell any drug, compound, mixture, preparation, or substance that	1373
consists of or contains at least one thousand grams of hashish; at	1374
least one hundred grams of crack cocaine; at least one thousand	1375
grams of cocaine that is not crack cocaine; at least two thousand	1376
five hundred unit doses or two hundred fifty grams of heroin; at	1377
least five thousand unit doses of L.S.D. or five hundred grams of	1378
L.S.D. in a liquid concentrate, liquid extract, or liquid	1379
distillate form; or at least one hundred times the amount of any	1380
other schedule I or II controlled substance other than marihuana	1381
that is necessary to commit a felony of the third degree pursuant	1382
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1383
Code that is based on the possession of, sale of, or offer to sell	1384
the controlled substance.	1385

(Y) "Mandatory prison term" means any of the following:

1386

(1) Subject to division (Y)(2) of this section, the term in	1387
prison that must be imposed for the offenses or circumstances set	1388
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1389
2929.13 and division (D) of section 2929.14 of the Revised Code.	1390
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1391
and 2925.11 of the Revised Code, unless the maximum or another	1392
specific term is required under section 2929.14 of the Revised	1393
Code, a mandatory prison term described in this division may be	1394
any prison term authorized for the level of offense.	1395

(2) The term of sixty or one hundred twenty days in prison	1396
that a sentencing court is required to impose for a third or	1397
fourth degree felony OVI offense pursuant to division (G)(2) of	1398
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1399
of the Revised Code or the term of one, two, three, four, or five	1400
years in prison that a sentencing court is required to impose	1401
pursuant to division (G)(2) of section 2929.13 of the Revised	1402
Code.	1403

(3) The term in prison imposed pursuant to section 2971.03 of	1404
the Revised Code for the offenses and in the circumstances	1405
described in division (F)(11) of section 2929.13 of the Revised	1406
Code and that term as modified or terminated pursuant to section	1407
2971.05 of the Revised Code.	1408

(Z) "Monitored time" means a period of time during which an	1409
offender continues to be under the control of the sentencing court	1410
or parole board, subject to no conditions other than leading a	1411
law-abiding life.	1412

(AA) "Offender" means a person who, in this state, is	1413
convicted of or pleads guilty to a felony or a misdemeanor.	1414

(BB) "Prison" means a residential facility used for the	1415
confinement of convicted felony offenders that is under the	1416
control of the department of rehabilitation and correction but	1417
does not include a violation sanction center operated under	1418
authority of section 2967.141 of the Revised Code.	1419

(CC) "Prison term" includes any of the following sanctions	1420
for an offender:	1421

(1) A stated prison term;

1422

(2) A term in a prison shortened by, or with the approval of,	1423
the sentencing court pursuant to section 2929.20, 2967.26,	1424
5120.031, 5120.032, or 5120.073 of the Revised Code;	1425

(3) A term in prison extended by bad time imposed pursuant to	1426
section 2967.11 of the Revised Code or imposed for a violation of	1427
post-release control pursuant to section 2967.28 of the Revised	1428
Code.	1429

(DD) "Repeat violent offender" means a person about whom both	1430
of the following apply:	1431

(1) The person has been convicted of or has pleaded guilty	1432
to, and is being sentenced for committing, for complicity in	1433
committing, or for an attempt to commit, aggravated murder,	1434
murder, involuntary manslaughter, a felony of the first degree	1435
other than one set forth in Chapter 2925. of the Revised Code, a	1436
felony of the first degree set forth in Chapter 2925. of the	1437
Revised Code that involved an attempt to cause serious physical	1438
harm to a person or that resulted in serious physical harm to a	1439
person, or a felony of the second degree that involved an attempt	1440
to cause serious physical harm to a person or that resulted in	1441
serious physical harm to a person.	1442

(2) Either of the following applies:

1443

(a) The person previously was convicted of or pleaded guilty	1444
to, and previously served or, at the time of the offense was	1445
serving, a prison term for, any of the following:	1446

(i) Aggravated murder, murder, involuntary manslaughter,	1447
rape, felonious sexual penetration as it existed under section	1448
2907.12 of the Revised Code prior to September 3, 1996, a felony	1449
of the first or second degree that resulted in the death of a	1450
person or in physical harm to a person, or complicity in or an	1451
attempt to commit any of those offenses;	1452

(ii) An offense under an existing or former law of this	1453
state, another state, or the United States that is or was	1454
substantially equivalent to an offense listed under division	1455
(DD)(2)(a)(i) of this section and that resulted in the death of a	1456
person or in physical harm to a person.	1457

(b) The person previously was adjudicated a delinquent child	1458
for committing an act that if committed by an adult would have	1459
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	1460
section, the person was committed to the department of youth	1461
services for that delinquent act.	1462

(EE) "Sanction" means any penalty imposed upon an offender	1463
who is convicted of or pleads guilty to an offense, as punishment	1464
for the offense. "Sanction" includes any sanction imposed pursuant	1465
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1466
2929.28 of the Revised Code.	1467

(FF) "Sentence" means the sanction or combination of	1468
sanctions imposed by the sentencing court on an offender who is	1469
convicted of or pleads guilty to an offense.	1470

(GG) "Stated prison term" means the prison term, mandatory	1471
prison term, or combination of all prison terms and mandatory	1472
prison terms imposed by the sentencing court pursuant to section	1473
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	1474
includes any credit received by the offender for time spent in	1475
jail awaiting trial, sentencing, or transfer to prison for the	1476
offense and any time spent under house arrest or house arrest with	1477
electronic monitoring imposed after earning credits pursuant to	1478
section 2967.193 of the Revised Code.	1479

(HH) "Victim-offender mediation" means a reconciliation or	1480
mediation program that involves an offender and the victim of the	1481
offense committed by the offender and that includes a meeting in	1482
which the offender and the victim may discuss the offense, discuss	1483
restitution, and consider other sanctions for the offense.	1484

(II) "Fourth degree felony OVI offense" means a violation of	1485
division (A) of section 4511.19 of the Revised Code that, under	1486
division (G) of that section, is a felony of the fourth degree.	1487

(JJ) "Mandatory term of local incarceration" means the term	1488
of sixty or one hundred twenty days in a jail, a community-based	1489
correctional facility, a halfway house, or an alternative	1490
residential facility that a sentencing court may impose upon a	1491
person who is convicted of or pleads guilty to a fourth degree	1492
felony OVI offense pursuant to division (G)(1) of section 2929.13	1493
of the Revised Code and division (G)(1)(d) or (e) of section	1494
4511.19 of the Revised Code.	1495

(KK) "Designated homicide, assault, or kidnapping offense,"	1496
"violent sex offense," "sexual motivation specification,"	1497
"sexually violent offense," "sexually violent predator," and	1498
"sexually violent predator specification" have the same meanings	1499
as in section 2971.01 of the Revised Code.	1500

(LL) "Habitual sex offender," "sexually oriented offense,"	1501
"sexual predator," "registration-exempt sexually oriented	1502
offense," "child-victim oriented offense," "habitual child-victim	1503
offender," and "child-victim predator" have the same meanings as	1504
in section 2950.01 of the Revised Code.	1505

(MM) An offense is "committed in the vicinity of a child" if	1506
the offender commits the offense within thirty feet of or within	1507
the same residential unit as a child who is under eighteen years	1508
of age, regardless of whether the offender knows the age of the	1509
child or whether the offender knows the offense is being committed	1510
within thirty feet of or within the same residential unit as the	1511
child and regardless of whether the child actually views the	1512
commission of the offense.	1513

(NN) "Family or household member" has the same meaning as in	1514
section 2919.25 of the Revised Code.	1515

(OO) "Motor vehicle" and "manufactured home" have the same	1516
meanings as in section 4501.01 of the Revised Code.	1517

(PP) "Detention" and "detention facility" have the same	1518
meanings as in section 2921.01 of the Revised Code.	1519

(QQ) "Third degree felony OVI offense" means a violation of	1520
division (A) of section 4511.19 of the Revised Code that, under	1521
division (G) of that section, is a felony of the third degree.	1522

(RR) "Random drug testing" has the same meaning as in section	1523
5120.63 of the Revised Code.	1524

(SS) "Felony sex offense" has the same meaning as in section	1525
2967.28 of the Revised Code.	1526

(TT) "Body armor" has the same meaning as in section	1527
2941.1411 of the Revised Code.	1528

(UU) "Electronic monitoring" means monitoring through the use	1529
of an electronic monitoring device.	1530

(VV) "Electronic monitoring device" means any of the	1531
following:	1532

(1) Any device that can be operated by electrical or battery	1533
power and that conforms with all of the following:	1534

(a) The device has a transmitter that can be attached to a	1535
person, that will transmit a specified signal to a receiver of the	1536
type described in division (VV)(1)(b) of this section if the	1537
transmitter is removed from the person, turned off, or altered in	1538
any manner without prior court approval in relation to electronic	1539
monitoring or without prior approval of the department of	1540
rehabilitation and correction in relation to the use of an	1541
electronic monitoring device for an inmate on transitional control	1542
or otherwise is tampered with, that can transmit continuously and	1543
periodically a signal to that receiver when the person is within a	1544
specified distance from the receiver, and that can transmit an	1545
appropriate signal to that receiver if the person to whom it is	1546
attached travels a specified distance from that receiver.	1547

(b) The device has a receiver that can receive continuously	1548
the signals transmitted by a transmitter of the type described in	1549
division (VV)(1)(a) of this section, can transmit continuously	1550
those signals by telephone to a central monitoring computer of the	1551
type described in division (VV)(1)(c) of this section, and can	1552
transmit continuously an appropriate signal to that central	1553
monitoring computer if the receiver is turned off or altered	1554
without prior court approval or otherwise tampered with.	1555

(c) The device has a central monitoring computer that can	1556
receive continuously the signals transmitted by telephone by a	1557
receiver of the type described in division (VV)(1)(b) of this	1558
section and can monitor continuously the person to whom an	1559
electronic monitoring device of the type described in division	1560
(VV)(1)(a) of this section is attached.	1561

(2) Any device that is not a device of the type described in	1562
division (VV)(1) of this section and that conforms with all of the	1563
following:	1564

(a) The device includes a transmitter and receiver that can	1565
monitor and determine the location of a subject person at any	1566
time, or at a designated point in time, through the use of a	1567
central monitoring computer or through other electronic means.	1568

(b) The device includes a transmitter and receiver that can	1569
determine at any time, or at a designated point in time, through	1570
the use of a central monitoring computer or other electronic means	1571
the fact that the transmitter is turned off or altered in any	1572
manner without prior approval of the court in relation to the	1573
electronic monitoring or without prior approval of the department	1574
of rehabilitation and correction in relation to the use of an	1575
electronic monitoring device for an inmate on transitional control	1576
or otherwise is tampered with.	1577

(3) Any type of technology that can adequately track or	1578
determine the location of a subject person at any time and that is	1579
approved by the director of rehabilitation and correction,	1580
including, but not limited to, any satellite technology, voice	1581
tracking system, or retinal scanning system that is so approved.	1582

(WW) "Non-economic loss" means nonpecuniary harm suffered by	1583
a victim of an offense as a result of or related to the commission	1584
of the offense, including, but not limited to, pain and suffering;	1585
loss of society, consortium, companionship, care, assistance,	1586
attention, protection, advice, guidance, counsel, instruction,	1587
training, or education; mental anguish; and any other intangible	1588
loss.	1589

(XX) "Prosecutor" has the same meaning as in section 2935.01	1590
of the Revised Code.	1591

(YY) "Continuous alcohol monitoring" means the ability to	1592
automatically test and periodically transmit alcohol consumption	1593
levels and tamper attempts at least every hour, regardless of the	1594
location of the person who is being monitored.	1595

(ZZ) A person is "adjudicated a sexually violent predator" if	1596
the person is convicted of or pleads guilty to a violent sex	1597
offense and also is convicted of or pleads guilty to a sexually	1598
violent predator specification that was included in the	1599
indictment, count in the indictment, or information charging that	1600
violent sex offense or if the person is convicted of or pleads	1601
guilty to a designated homicide, assault, or kidnapping offense	1602
and also is convicted of or pleads guilty to both a sexual	1603
motivation specification and a sexually violent predator	1604
specification that were included in the indictment, count in the	1605
indictment, or information charging that designated homicide,	1606
assault, or kidnapping offense.	1607

Sec. 2929.34.  (A) A person who is convicted of or pleads	1608
guilty to aggravated murder, murder, or an offense punishable by	1609
life imprisonment and who is sentenced to a term of life	1610
imprisonment or a prison term pursuant to that conviction shall	1611
serve that term in an institution under the control of the	1612
department of rehabilitation and correction.	1613

(B)(1) A person who is convicted of or pleads guilty to a	1614
felony other than aggravated murder, murder, or an offense	1615
punishable by life imprisonment and who is sentenced to a term of	1616
imprisonment or a prison term pursuant to that conviction shall	1617
serve that term as follows:	1618

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	1619
section, in an institution under the control of the department of	1620
rehabilitation and correction if the term is a prison term or as	1621
otherwise determined by the sentencing court pursuant to section	1622
2929.16 of the Revised Code if the term is not a prison term;	1623

(b) In a facility of a type described in division (G)(1) of	1624
section 2929.13 of the Revised Code, if the offender is sentenced	1625
pursuant to that division.	1626

(2) If the term is a prison term, the person may be	1627
imprisoned in a jail that is not a minimum security jail pursuant	1628
to agreement under section 5120.161 of the Revised Code between	1629
the department of rehabilitation and correction and the local	1630
authority that operates the jail.	1631

(C) A person who is convicted of or pleads guilty to one or	1632
more misdemeanors and who is sentenced to a jail term or term of	1633
imprisonment pursuant to the conviction or convictions shall serve	1634
that term in a county, multicounty, municipal, municipal-county,	1635
or multicounty-municipal jail or workhouse or, if the misdemeanor	1636
or misdemeanors are not offenses of violence, in a minimum	1637
security jail.	1638

(D) Nothing in this section prohibits the commitment,	1639
referral, or sentencing of a person who is convicted of or pleads	1640
guilty to a felony to a community-based correctional facility and	1641
program or district community-based correctional facility and	1642
program in accordance with sections 2301.51 to 2301.56 of the	1643
Revised Code.	1644

Sec. 2929.37.  (A) A board of county commissioners, in an	1645
agreement with the sheriff, a legislative authority of a municipal	1646
corporation, a corrections commission, a judicial corrections	1647
facility governing board, or any other public or private entity	1648
that operates a local detention facility at which a prisoner who	1649
is convicted of an offense and who is confined in the facility	1650
under a sanction or term of imprisonment imposed under section	1651
2929.16, sections 2929.21 to 2929.28, or any other provision of	1652
the Revised Code may adopt, pursuant to section 307.93, 341.14,	1653
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	1654
2947.19 of the Revised Code, a policy that requires the prisoner	1655
to pay all or part of the costs of confinement in that facility.	1656
If a board of county commissioners, legislative authority,	1657
corrections commission, judicial correctionsfacility governing	1658
board, or other entity adopts a policy for a facility pursuant to	1659
one of those sections, the person in charge of that facility shall	1660
appoint a reimbursement coordinator to administer the facility's	1661
policy.	1662

The costs of confinement may include, but are not limited to,	1663
the costs of repairing property damaged by the prisoner while	1664
confined, a per diem fee for room and board, medical and dental	1665
treatment costs, the fee for a random drug test assessed under	1666
division (E) of section 341.26 and division (E) of section 753.33	1667
of the Revised Code, and a one-time reception fee for the costs of	1668
processing the prisoner into the facility at the time of the	1669
prisoner's initial entry into the facility under the confinement	1670
in question, minus any fees deducted under section 2929.38 of the	1671
Revised Code. Any policy adopted under this section shall be used	1672
when a court does not order reimbursement of confinement costs	1673
under section 2929.18 or 2929.28 of the Revised Code. The amount	1674
assessed under this section shall not exceed the total amount that	1675
the prisoner is able to pay.	1676

(B)(1) Each prisoner covered by a repayment policy adopted as	1677
described in division (A) of this section shall receive at the end	1678
of the prisoner's confinement an itemized bill of the expenses to	1679
be reimbursed. The policy shall allow periodic payments on a	1680
schedule to be implemented upon a prisoner's release. The bill	1681
also shall state that payment shall be made to the person	1682
identified in the bill as the reimbursement coordinator and	1683
include a notice that specifies that the prisoner has thirty days	1684
in which to dispute the bill by filing a written objection with	1685
the reimbursement coordinator and that if the prisoner does not	1686
dispute the bill in that manner within that period, the prisoner	1687
is required to pay the bill and a certificate of judgment may be	1688
obtained against the prisoner for the amount of the unpaid	1689
expenses. The prisoner shall sign a copy of the bill, and the	1690
reimbursement coordinator shall retain that copy. If the prisoner	1691
disputes an item on the bill within thirty days after receiving	1692
the bill, the reimbursement coordinator may either concede the	1693
disputed item or proceed to a hearing under division (B)(2) of	1694
this section.	1695

(2) If the prisoner disputes an item on an itemized bill	1696
presented to the prisoner under division (B)(1) of this section	1697
and the reimbursement coordinator does not concede the item, the	1698
reimbursement coordinator shall submit the bill to the court, and	1699
the court shall hold a hearing on the disputed items in the bill.	1700
At the end of the hearing, the court shall determine how much of	1701
the disputed expenses the prisoner shall reimburse the legislative	1702
authority or managing authority and shall issue a judgment in	1703
favor of the legislative authority or managing authority for any	1704
undisputed expenses and the amount of the disputed expenses for	1705
which the prisoner must reimburse the legislative authority or	1706
managing authority. The reimbursement coordinator shall not seek	1707
to enforce the judgment until at least ninety days after the court	1708
issues the judgment.	1709

(C) If a prisoner does not dispute the itemized bill	1710
presented to the prisoner under division (B) of this section and	1711
does not pay the bill within ninety days, the reimbursement	1712
coordinator shall send by mail a notice to the prisoner requesting	1713
payment of the expenses as stated in the bill. If the prisoner	1714
does not respond to the notice by paying the expenses in full	1715
within thirty days of the date the notice was mailed, the	1716
reimbursement coordinator shall send by mail a second notice to	1717
the prisoner requesting payment of the expenses. If one hundred	1718
eighty days elapse from the date that the reimbursement	1719
coordinator provides the bill and if the prisoner has not paid the	1720
full amount of the expenses pursuant to the bill and the notices,	1721
the reimbursement coordinator may notify the clerk of the	1722
appropriate court of those facts, and the clerk may issue a	1723
certificate of judgment against the prisoner for the balance of	1724
the expenses remaining unpaid.	1725

(D) The reimbursement coordinator may collect any amounts	1726
remaining unpaid on an itemized bill and any costs associated with	1727
the enforcement of the judgment and may enter into a contract with	1728
one or more public agencies or private vendors to collect any	1729
amounts remaining unpaid. For enforcing a judgment issued under	1730
this section, the reimbursement coordinator may assess an	1731
additional poundage fee of two per cent of the amount remaining	1732
unpaid and may collect costs associated with the enforcement of	1733
the judgment.	1734

(E) Neither the reimbursement coordinator nor the legislative	1735
authority or the managing authority shall enforce any judgment	1736
obtained under this section by means of execution against the	1737
prisoner's homestead. Any reimbursement received under this	1738
section shall be credited to the general fund of the treasury of	1739
the political subdivision that incurred the expense, to be used	1740
for general fund purposes.	1741

Sec. 2929.38. (A) A board of commissioners of a county, in an	1742
agreement with the sheriff, a legislative authority of a municipal	1743
corporation, a corrections commission, a judicial corrections	1744
facility governing board, or any other public or private entity	1745
that operates a local detention facility described in division (A)	1746
of section 2929.37 of the Revised Code, may establish a policy	1747
that requires any prisoner who is confined in the facility as a	1748
result of pleading guilty to or having been convicted of an	1749
offense to pay a one-time reception fee for the costs of	1750
processing the prisoner into the facility at the time of the	1751
prisoner's initial entry into the facility under the confinement	1752
in question, to pay a reasonable fee for any medical or dental	1753
treatment or service requested by and provided to that prisoner,	1754
and to pay the fee for a random drug test assessed under division	1755
(E) of section 341.26, and division (E) of section 753.33 of the	1756
Revised Code. The fee for the medical treatment or service shall	1757
not exceed the actual cost of the treatment or service provided.	1758
No prisoner confined in the local detention facility shall be	1759
denied any necessary medical care because of inability to pay the	1760
fees.	1761

(B) Upon assessment of a one-time reception fee as described	1762
in division (A) of this section, the provision of the requested	1763
medical treatment or service, or the assessment of a fee for a	1764
random drug test, payment of the required fee may be automatically	1765
deducted from the prisoner's inmate account in the business office	1766
of the local detention facility in which the prisoner is confined.	1767
If there is no money in the account, a deduction may be made at a	1768
later date during the prisoner's confinement if the money becomes	1769
available in the account. If, after release, the prisoner has an	1770
unpaid balance of those fees, the sheriff, legislative authority	1771
of the municipal corporation, corrections commission, judicial	1772
correctionsfacility governing board, or other entity that	1773
operates the local detention facility described in division (A) of	1774
section 2929.37 of the Revised Code may bill the prisoner for the	1775
payment of the unpaid fees. Fees received for medical or dental	1776
treatment or services shall be paid to the commissary fund or	1777
resident program fund of a community-based correctional facility,	1778
if one exists for the facility, or if no commissary fund or	1779
resident program fund exists, to the general fund of the treasury	1780
of the political subdivision that incurred the expenses, in the	1781
same proportion as those expenses were borne by the political	1782
subdivision. Fees received for medical treatment or services that	1783
are placed in the commissary fund or resident program fund under	1784
this division shall be used for the same purposes as profits from	1785
the commissary fund or resident program fund, except that they	1786
shall not be used to pay any salary or benefits of any person who	1787
works in or is employed for the sole purpose of providing service	1788
to the commissary.	1789

(C) Any fee paid by a person under this section shall be	1790
deducted from any medical or dental costs that the person is	1791
ordered to reimburse under a financial sanction imposed pursuant	1792
to section 2929.28 of the Revised Code or to repay under a policy	1793
adopted under section 2929.37 of the Revised Code.	1794

(D) As used in this section, "inmate account" has the same	1795
meaning as in section 2969.21 of the Revised Code.	1796

Sec. 4117.01.  As used in this chapter:

1797

(A) "Person," in addition to those included in division (C)	1798
of section 1.59 of the Revised Code, includes employee	1799
organizations, public employees, and public employers.	1800

(B) "Public employer" means the state or any political	1801
subdivision of the state located entirely within the state,	1802
including, without limitation, any municipal corporation with a	1803
population of at least five thousand according to the most recent	1804
federal decennial census; county; township with a population of at	1805
least five thousand in the unincorporated area of the township	1806
according to the most recent federal decennial census; school	1807
district; governing authority of a community school established	1808
under Chapter 3314. of the Revised Code; state institution of	1809
higher learning; public or special district; state agency,	1810
authority, commission, or board; or other branch of public	1811
employment.	1812

(C) "Public employee" means any person holding a position by	1813
appointment or employment in the service of a public employer,	1814
including any person working pursuant to a contract between a	1815
public employer and a private employer and over whom the national	1816
labor relations board has declined jurisdiction on the basis that	1817
the involved employees are employees of a public employer, except:	1818

(1) Persons holding elective office;

1819

(2) Employees of the general assembly and employees of any	1820
other legislative body of the public employer whose principal	1821
duties are directly related to the legislative functions of the	1822
body;	1823

(3) Employees on the staff of the governor or the chief	1824
executive of the public employer whose principal duties are	1825
directly related to the performance of the executive functions of	1826
the governor or the chief executive;	1827

(4) Persons who are members of the Ohio organized militia,	1828
while training or performing duty under section 5919.29 or 5923.12	1829
of the Revised Code;	1830

(5) Employees of the state employment relations board;

1831

(6) Confidential employees;

1832

(7) Management level employees;

1833

(8) Employees and officers of the courts, assistants to the	1834
attorney general, assistant prosecuting attorneys, and employees	1835
of the clerks of courts who perform a judicial function;	1836

(9) Employees of a public official who act in a fiduciary	1837
capacity, appointed pursuant to section 124.11 of the Revised	1838
Code;	1839

(10) Supervisors;

1840

(11) Students whose primary purpose is educational training,	1841
including graduate assistants or associates, residents, interns,	1842
or other students working as part-time public employees less than	1843
fifty per cent of the normal year in the employee's bargaining	1844
unit;	1845

(12) Employees of county boards of election;

1846

(13) Seasonal and casual employees as determined by the state	1847
employment relations board;	1848

(14) Part-time faculty members of an institution of higher	1849
education;	1850

(15) Employees of the state personnel board of review;

1851

(16) Participants in a work activity, developmental activity,	1852
or alternative work activity under sections 5107.40 to 5107.69 of	1853
the Revised Code who perform a service for a public employer that	1854
the public employer needs but is not performed by an employee of	1855
the public employer if the participant is not engaged in paid	1856
employment or subsidized employment pursuant to the activity;	1857

(17) Employees included in the career professional service of	1858
the department of transportation under section 5501.20 of the	1859
Revised Code;	1860

(18) Employees of community-based correctional facilities and	1861
district community-based correctional facilities created under	1862
sections 2301.51 to 2301.58 of the Revised Code who are not	1863
subject to a collective bargaining agreement on June 1, 2005.	1864

(D) "Employee organization" means any labor or bona fide	1865
organization in which public employees participate and that exists	1866
for the purpose, in whole or in part, of dealing with public	1867
employers concerning grievances, labor disputes, wages, hours,	1868
terms, and other conditions of employment.	1869

(E) "Exclusive representative" means the employee	1870
organization certified or recognized as an exclusive	1871
representative under section 4117.05 of the Revised Code.	1872

(F) "Supervisor" means any individual who has authority, in	1873
the interest of the public employer, to hire, transfer, suspend,	1874
lay off, recall, promote, discharge, assign, reward, or discipline	1875
other public employees; to responsibly direct them; to adjust	1876
their grievances; or to effectively recommend such action, if the	1877
exercise of that authority is not of a merely routine or clerical	1878
nature, but requires the use of independent judgment, provided	1879
that:	1880

(1) Employees of school districts who are department	1881
chairpersons or consulting teachers shall not be deemed	1882
supervisors;	1883

(2) With respect to members of a police or fire department,	1884
no person shall be deemed a supervisor except the chief of the	1885
department or those individuals who, in the absence of the chief,	1886
are authorized to exercise the authority and perform the duties of	1887
the chief of the department. Where prior to June 1, 1982, a public	1888
employer pursuant to a judicial decision, rendered in litigation	1889
to which the public employer was a party, has declined to engage	1890
in collective bargaining with members of a police or fire	1891
department on the basis that those members are supervisors, those	1892
members of a police or fire department do not have the rights	1893
specified in this chapter for the purposes of future collective	1894
bargaining. The state employment relations board shall decide all	1895
disputes concerning the application of division (F)(2) of this	1896
section.	1897

(3) With respect to faculty members of a state institution of	1898
higher education, heads of departments or divisions are	1899
supervisors; however, no other faculty member or group of faculty	1900
members is a supervisor solely because the faculty member or group	1901
of faculty members participate in decisions with respect to	1902
courses, curriculum, personnel, or other matters of academic	1903
policy;	1904

(4) No teacher as defined in section 3319.09 of the Revised	1905
Code shall be designated as a supervisor or a management level	1906
employee unless the teacher is employed under a contract governed	1907
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	1908
is assigned to a position for which a license deemed to be for	1909
administrators under state board rules is required pursuant to	1910
section 3319.22 of the Revised Code.	1911

(G) "To bargain collectively" means to perform the mutual	1912
obligation of the public employer, by its representatives, and the	1913
representatives of its employees to negotiate in good faith at	1914
reasonable times and places with respect to wages, hours, terms,	1915
and other conditions of employment and the continuation,	1916
modification, or deletion of an existing provision of a collective	1917
bargaining agreement, with the intention of reaching an agreement,	1918
or to resolve questions arising under the agreement. "To bargain	1919
collectively" includes executing a written contract incorporating	1920
the terms of any agreement reached. The obligation to bargain	1921
collectively does not mean that either party is compelled to agree	1922
to a proposal nor does it require the making of a concession.	1923

(H) "Strike" means continuous concerted action in failing to	1924
report to duty; willful absence from one's position; or stoppage	1925
of work in whole from the full, faithful, and proper performance	1926
of the duties of employment, for the purpose of inducing,	1927
influencing, or coercing a change in wages, hours, terms, and	1928
other conditions of employment. "Strike" does not include a	1929
stoppage of work by employees in good faith because of dangerous	1930
or unhealthful working conditions at the place of employment that	1931
are abnormal to the place of employment.	1932

(I) "Unauthorized strike" includes, but is not limited to,	1933
concerted action during the term or extended term of a collective	1934
bargaining agreement or during the pendency of the settlement	1935
procedures set forth in section 4117.14 of the Revised Code in	1936
failing to report to duty; willful absence from one's position;	1937
stoppage of work; slowdown, or abstinence in whole or in part from	1938
the full, faithful, and proper performance of the duties of	1939
employment for the purpose of inducing, influencing, or coercing a	1940
change in wages, hours, terms, and other conditions of employment.	1941
"Unauthorized strike" includes any such action, absence, stoppage,	1942
slowdown, or abstinence when done partially or intermittently,	1943
whether during or after the expiration of the term or extended	1944
term of a collective bargaining agreement or during or after the	1945
pendency of the settlement procedures set forth in section 4117.14	1946
of the Revised Code.	1947

(J) "Professional employee" means any employee engaged in	1948
work that is predominantly intellectual, involving the consistent	1949
exercise of discretion and judgment in its performance and	1950
requiring knowledge of an advanced type in a field of science or	1951
learning customarily acquired by a prolonged course in an	1952
institution of higher learning or a hospital, as distinguished	1953
from a general academic education or from an apprenticeship; or an	1954
employee who has completed the courses of specialized intellectual	1955
instruction and is performing related work under the supervision	1956
of a professional person to become qualified as a professional	1957
employee.	1958

(K) "Confidential employee" means any employee who works in	1959
the personnel offices of a public employer and deals with	1960
information to be used by the public employer in collective	1961
bargaining; or any employee who works in a close continuing	1962
relationship with public officers or representatives directly	1963
participating in collective bargaining on behalf of the employer.	1964

(L) "Management level employee" means an individual who	1965
formulates policy on behalf of the public employer, who	1966
responsibly directs the implementation of policy, or who may	1967
reasonably be required on behalf of the public employer to assist	1968
in the preparation for the conduct of collective negotiations,	1969
administer collectively negotiated agreements, or have a major	1970
role in personnel administration. Assistant superintendents,	1971
principals, and assistant principals whose employment is governed	1972
by section 3319.02 of the Revised Code are management level	1973
employees. With respect to members of a faculty of a state	1974
institution of higher education, no person is a management level	1975
employee because of the person's involvement in the formulation or	1976
implementation of academic or institution policy.	1977

(M) "Wages" means hourly rates of pay, salaries, or other	1978
forms of compensation for services rendered.	1979

(N) "Member of a police department" means a person who is in	1980
the employ of a police department of a municipal corporation as a	1981
full-time regular police officer as the result of an appointment	1982
from a duly established civil service eligibility list or under	1983
section 737.15 or 737.16 of the Revised Code, a full-time deputy	1984
sheriff appointed under section 311.04 of the Revised Code, a	1985
township constable appointed under section 509.01 of the Revised	1986
Code, or a member of a township police district police department	1987
appointed under section 505.49 of the Revised Code.	1988

(O) "Members of the state highway patrol" means highway	1989
patrol troopers and radio operators appointed under section	1990
5503.01 of the Revised Code.	1991

(P) "Member of a fire department" means a person who is in	1992
the employ of a fire department of a municipal corporation or a	1993
township as a fire cadet, full-time regular firefighter, or	1994
promoted rank as the result of an appointment from a duly	1995
established civil service eligibility list or under section	1996
505.38, 709.012, or 737.22 of the Revised Code.	1997

(Q) "Day" means calendar day.

1998

Sec. 5120.031.  (A) As used in this section:

1999

(1) "Certificate of high school equivalence" means a	2000
statement that is issued by the state board of education or an	2001
equivalent agency of another state and that indicates that its	2002
holder has achieved the equivalent of a high school education as	2003
measured by scores obtained on the tests of general educational	2004
development published by the American council on education.	2005

(2) "Certificate of adult basic education" means a statement	2006
that is issued by the department of rehabilitation and correction	2007
through the Ohio central school system approved by the state board	2008
of education and that indicates that its holder has achieved a 6.0	2009
grade level, or higher, as measured by scores of nationally	2010
standardized or recognized tests.	2011

(3) "Deadly weapon" and "firearm" have the same meanings as	2012
in section 2923.11 of the Revised Code.	2013

(4) "Eligible offender" means a person, other than one who is	2014
ineligible to participate in an intensive program prison under the	2015
criteria specified in section 5120.032 of the Revised Code, who	2016
has been convicted of or pleaded guilty to, and has been sentenced	2017
for, a felony.	2018

(5) "Shock incarceration" means the program of incarceration	2019
that is established pursuant to the rules of the department of	2020
rehabilitation and correction adopted under this section.	2021

(B)(1) The director of rehabilitation and correction, by	2022
rules adopted under Chapter 119. of the Revised Code, shall	2023
establish a pilot program of shock incarceration that may be used	2024
for offenders who are sentenced to serve a term of imprisonment	2025
under the custody of the department of rehabilitation and	2026
correction, whom the department determines to be eligible	2027
offenders, and whom the department, subject to the approval of the	2028
sentencing judge, may permit to serve their sentence as a sentence	2029
of shock incarceration in accordance with this section.	2030

(2) The rules for the pilot program shall require that the	2031
program be established at an appropriate state correctional	2032
institution designated by the director and that the program	2033
consist of both of the following for each eligible offender whom	2034
the department, with the approval of the sentencing judge, permits	2035
to serve the eligible offender's sentence as a sentence of shock	2036
incarceration:	2037

(a) A period of imprisonment at that institution of ninety	2038
days that shall consist of a military style combination of	2039
discipline, physical training, and hard labor and substance abuse	2040
education, employment skills training, social skills training, and	2041
psychological treatment. During the ninety-day period, the	2042
department may permit an eligible offender to participate in a	2043
self-help program. Additionally, during the ninety-day period, an	2044
eligible offender who holds a high school diploma or a certificate	2045
of high school equivalence may be permitted to tutor other	2046
eligible offenders in the shock incarceration program. If an	2047
eligible offender does not hold a high school diploma or	2048
certificate of high school equivalence, the eligible offender may	2049
elect to participate in an education program that is designed to	2050
award a certificate of adult basic education or an education	2051
program that is designed to award a certificate of high school	2052
equivalence to those eligible offenders who successfully complete	2053
the education program, whether the completion occurs during or	2054
subsequent to the ninety-day period. To the extent possible, the	2055
department shall use as teachers in the education program persons	2056
who have been issued a license pursuant to sections 3319.22 to	2057
3319.31 of the Revised Code, who have volunteered their services	2058
to the education program, and who satisfy any other criteria	2059
specified in the rules for the pilot project.	2060

(b) Immediately following the ninety-day period of	2061
imprisonment, and notwithstanding any other provision governing	2062
the early release of a prisoner from imprisonment or the transfer	2063
of a prisoner to transitional control, one of the following, as	2064
determined by the director:	2065

(i) An intermediate, transitional type of detention for the	2066
period of time determined by the director and, immediately	2067
following the intermediate, transitional type of detention, a	2068
release under a post-release control sanction imposed in	2069
accordance with section 2967.28 of the Revised Code. The period of	2070
intermediate, transitional type of detention imposed by the	2071
director under this division may be in a halfway house, in a	2072
community-based correctional facility and program or district	2073
community-based correctional facility and program established	2074
under sections 2301.51 to 2301.562301.58 of the Revised Code, or	2075
in any other facility approved by the director that provides for	2076
detention to serve as a transition between imprisonment in a state	2077
correctional institution and release from imprisonment.	2078

(ii) A release under a post-release control sanction imposed	2079
in accordance with section 2967.28 of the Revised Code.	2080

(3) The rules for the pilot program also shall include, but	2081
are not limited to, all of the following:	2082

(a) Rules identifying the locations within the state	2083
correctional institution designated by the director that will be	2084
used for eligible offenders serving a sentence of shock	2085
incarceration;	2086

(b) Rules establishing specific schedules of discipline,	2087
physical training, and hard labor for eligible offenders serving a	2088
sentence of shock incarceration, based upon the offender's	2089
physical condition and needs;	2090

(c) Rules establishing standards and criteria for the	2091
department to use in determining which eligible offenders the	2092
department will permit to serve their sentence of imprisonment as	2093
a sentence of shock incarceration;	2094

(d) Rules establishing guidelines for the selection of	2095
post-release control sanctions for eligible offenders;	2096

(e) Rules establishing procedures for notifying sentencing	2097
courts of the performance of eligible offenders serving their	2098
sentences of imprisonment as a sentence of shock incarceration;	2099

(f) Any other rules that are necessary for the proper conduct	2100
of the pilot program.	2101

(C)(1) If an offender is sentenced to a term of imprisonment	2102
under the custody of the department, if the sentencing court	2103
either recommends the offender for placement in a program of shock	2104
incarceration under this section or makes no recommendation on	2105
placement of the offender, and if the department determines that	2106
the offender is an eligible offender for placement in a program of	2107
shock incarceration under this section, the department may permit	2108
the eligible offender to serve the sentence in a program of shock	2109
incarceration, in accordance with division (K) of section 2929.14	2110
of the Revised Code, with this section, and with the rules adopted	2111
under this section. If the sentencing court disapproves placement	2112
of the offender in a program of shock incarceration, the	2113
department shall not place the offender in any program of shock	2114
incarceration.	2115

If the sentencing court recommends the offender for placement	2116
in a program of shock incarceration and if the department	2117
subsequently places the offender in the recommended program, the	2118
department shall notify the court of the offender's placement in	2119
the recommended program and shall include with the notice a brief	2120
description of the placement.	2121

If the sentencing court recommends placement of the offender	2122
in a program of shock incarceration and the department for any	2123
reason does not subsequently place the offender in the recommended	2124
program, the department shall send a notice to the court	2125
indicating why the offender was not placed in the recommended	2126
program.	2127

If the sentencing court does not make a recommendation on the	2128
placement of an offender in a program of shock incarceration and	2129
if the department determines that the offender is an eligible	2130
offender for placement in a program of that nature, the department	2131
shall screen the offender and determine if the offender is suited	2132
for the program of shock incarceration. If the offender is suited	2133
for the program of shock incarceration, at least three weeks prior	2134
to permitting an eligible offender to serve the sentence in a	2135
program of shock incarceration, the department shall notify the	2136
sentencing court of the proposed placement of the offender in the	2137
program and shall include with the notice a brief description of	2138
the placement. The court shall have ten days from receipt of the	2139
notice to disapprove the placement. If the sentencing court	2140
disapproves of the placement, the department shall not permit the	2141
eligible offender to serve the sentence in a program of shock	2142
incarceration. If the judge does not timely disapprove of	2143
placement of the offender in the program of shock incarceration,	2144
the department may proceed with plans for placement of the	2145
offender.	2146

If the department determines that the offender is not	2147
eligible for placement in a program of shock incarceration, the	2148
department shall not place the offender in any program of shock	2149
incarceration.	2150

(2) If the department permits an eligible offender to serve	2151
the eligible offender's sentence of imprisonment as a sentence of	2152
shock incarceration and the eligible offender does not	2153
satisfactorily complete the entire period of imprisonment	2154
described in division (B)(2)(a) of this section, the offender	2155
shall be removed from the pilot program for shock incarceration	2156
and shall be required to serve the remainder of the offender's	2157
sentence of imprisonment imposed by the sentencing court as a	2158
regular term of imprisonment. If the eligible offender commences a	2159
period of post-release control described in division (B)(2)(b) of	2160
this section and violates the conditions of that post-release	2161
control, the eligible offender shall be subject to the provisions	2162
of sections 2929.141, 2967.15, and 2967.28 of the Revised Code	2163
regarding violation of post-release control sanctions.	2164

(3) If an eligible offender's stated prison term expires at	2165
any time during the eligible offender's participation in the shock	2166
incarceration program, the adult parole authority shall terminate	2167
the eligible offender's participation in the program and shall	2168
issue to the eligible offender a certificate of expiration of the	2169
stated prison term.	2170

(D) The director shall keep sentencing courts informed of the	2171
performance of eligible offenders serving their sentences of	2172
imprisonment as a sentence of shock incarceration, including, but	2173
not limited to, notice of eligible offenders who fail to	2174
satisfactorily complete their entire sentence of shock	2175
incarceration or who satisfactorily complete their entire sentence	2176
of shock incarceration.	2177

(E) Within a reasonable period of time after November 20,	2178
1990, the director shall appoint a committee to search for one or	2179
more suitable sites at which one or more programs of shock	2180
incarceration, in addition to the pilot program required by	2181
division (B)(1) of this section, may be established. The search	2182
committee shall consist of the director or the director's	2183
designee, as chairperson; employees of the department of	2184
rehabilitation and correction appointed by the director; and any	2185
other persons that the director, in the director's discretion,	2186
appoints. In searching for such sites, the search committee shall	2187
give preference to any site owned by the state or any other	2188
governmental entity and to any existing structure that reasonably	2189
could be renovated, enlarged, converted, or remodeled for purposes	2190
of establishing such a program. The search committee shall prepare	2191
a report concerning its activities and, on the earlier of the day	2192
that is twelve months after the first day on which an eligible	2193
offender began serving a sentence of shock incarceration under the	2194
pilot program or January 1, 1992, shall file the report with the	2195
president and the minority leader of the senate, the speaker and	2196
the minority leader of the house of representatives, the members	2197
of the senate who were members of the senate judiciary committee	2198
in the 118th general assembly or their successors, and the members	2199
of the house of representatives who were members of the select	2200
committee to hear drug legislation that was established in the	2201
118th general assembly or their successors. Upon the filing of the	2202
report, the search committee shall terminate. The report required	2203
by this division shall contain all of the following:	2204

(1) A summary of the process used by the search committee in	2205
performing its duties under this division;	2206

(2) A summary of all of the sites reviewed by the search	2207
committee in performing its duties under this division, and the	2208
benefits and disadvantages it found relative to the establishment	2209
of a program of shock incarceration at each such site;	2210

(3) The findings and recommendations of the search committee	2211
as to the suitable site or sites, if any, at which a program of	2212
shock incarceration, in addition to the pilot program required by	2213
division (B)(1) of this section, may be established.	2214

(F) The director periodically shall review the pilot program	2215
for shock incarceration required to be established by division	2216
(B)(1) of this section. The director shall prepare a report	2217
relative to the pilot program and, on the earlier of the day that	2218
is twelve months after the first day on which an eligible offender	2219
began serving a sentence of shock incarceration under the pilot	2220
program or January 1, 1992, shall file the report with the	2221
president and the minority leader of the senate, the speaker and	2222
the minority leader of the house of representatives, the members	2223
of the senate who were members of the senate judiciary committee	2224
in the 118th general assembly or their successors, and the members	2225
of the house of representatives who were members of the select	2226
committee to hear drug legislation that was established in the	2227
118th general assembly or their successors. The pilot program	2228
shall not terminate at the time of the filing of the report, but	2229
shall continue in operation in accordance with this section. The	2230
report required by this division shall include all of the	2231
following:	2232

(1) A summary of the pilot program as initially established,	2233
a summary of all changes in the pilot program made during the	2234
period covered by the report and the reasons for the changes, and	2235
a summary of the pilot program as it exists on the date of	2236
preparation of the report;	2237

(2) A summary of the effectiveness of the pilot program, in	2238
the opinion of the director and employees of the department	2239
involved in its operation;	2240

(3) An analysis of the total cost of the pilot program, of	2241
its cost per inmate who was permitted to serve a sentence of shock	2242
incarceration and who served the entire sentence of shock	2243
incarceration, and of its cost per inmate who was permitted to	2244
serve a sentence of shock incarceration;	2245

(4) A summary of the standards and criteria used by the	2246
department in determining which eligible offenders were permitted	2247
to serve their sentence of imprisonment as a sentence of shock	2248
incarceration;	2249

(5) A summary of the characteristics of the eligible	2250
offenders who were permitted to serve their sentence of	2251
imprisonment as a sentence of shock incarceration, which summary	2252
shall include, but not be limited to, a listing of every offense	2253
of which any such eligible offender was convicted or to which any	2254
such eligible offender pleaded guilty and in relation to which the	2255
eligible offender served a sentence of shock incarceration, and	2256
the total number of such eligible offenders who were convicted of	2257
or pleaded guilty to each such offense;	2258

(6) A listing of the number of eligible offenders who were	2259
permitted to serve a sentence of shock incarceration and who did	2260
not serve the entire sentence of shock incarceration, and, to the	2261
extent possible, a summary of the length of the terms of	2262
imprisonment served by such eligible offenders after they were	2263
removed from the pilot program;	2264

(7) A summary of the effect of the pilot program on	2265
overcrowding at state correctional institutions;	2266

(8) To the extent possible, an analysis of the rate of	2267
recidivism of eligible offenders who were permitted to serve a	2268
sentence of shock incarceration and who served the entire sentence	2269
of shock incarceration;	2270

(9) Recommendations as to legislative changes to the pilot	2271
program that would assist in its operation or that could further	2272
alleviate overcrowding at state correctional institutions, and	2273
recommendations as to whether the pilot program should be	2274
expanded.	2275

Sec. 5120.111.  With respect to community-based correctional	2276
facilities and programs and district community-based correctional	2277
facilities and programs authorized under section 2301.51 of the	2278
Revised Code, the department of rehabilitation and correction	2279
shall do all of the following:	2280

(A) Adopt rules, under Chapter 119. of the Revised Code, that	2281
serve as criteria for the operation of community-based	2282
correctional facilities and programs and district community-based	2283
correctional facilities and programs approved in accordance with	2284
sections 2301.51 and 5120.10 of the Revised Code;	2285

(B) Adopt rules, under Chapter 119. of the Revised Code,	2286
prescribing the minimum educational and experience requirements	2287
that must be satisfied by persons who staff and operate the	2288
facilities and programs;	2289

(C) Adopt rules, under Chapter 119. of the Revised Code,	2290
governing the procedures for the submission of proposals for the	2291
establishment of community-based correctional facilities and	2292
programs and district community-based correctional facilities and	2293
programs to the division of parole and community services under	2294
division (B) of section 2301.51 of the Revised Code;	2295

(D)(C) Prescribe forms that are to be used by judicial	2296
correctionsfacility governing boards of community-based	2297
correctional facilities and programs and district community-based	2298
correctional facilities and programs in making application for	2299
state financial assistance under section 2301.56 of the Revised	2300
Code and that include a requirement that the applicant estimate	2301
the number of offenders that will be committed or referred to a	2302
facility and program and that the facility and program will serve	2303
in the year of application;	2304

(E)(D) Adopt rules, under Chapter 119. of the Revised Code,	2305
that prescribe the standards of operation and the training and	2306
qualifications of persons who staff and operatefor the facilities	2307
and programs and that must be satisfied for the facilities and	2308
programs to be eligible for state financial assistance. The	2309
standards prescribed shall include, but shall not be limited to,	2310
the minimum requirements that each proposal submitted for approval	2311
to the division of parole and community services, as contained in	2312
section 2301.52 of the Revised Code, must satisfy for approval.;	2313

(F)(E) Through the division of parole and community services,	2314
accept and review proposals for the establishment of the	2315
facilities and programs and approve those proposals that satisfy	2316
the minimum requirements contained in section 2301.52 of the	2317
Revised Code; and administer the program for state financial	2318
assistance to the facilities and programs in accordance with	2319
section 5120.112 of the Revised Code.	2320

Sec. 5120.112.  (A) The division of parole and community	2321
services shall accept applications for state financial assistance	2322
for the renovation, maintenance, and operation of proposed and	2323
approved community-based correctional facilities and programs and	2324
district community-based correctional facilities and programs that	2325
are filed in accordance with section 2301.56 of the Revised Code.	2326
The division, upon receipt of an application for a particular	2327
facility and program, shall determine whether the application is	2328
in proper form, whether the applicant satisfies the standards of	2329
operation and training and qualifications of personnel that are	2330
prescribed by the department of rehabilitation and correction	2331
under section 5120.111 of the Revised Code, whether the applicant	2332
has established the facility and program, and, if the applicant	2333
has not at that time established the facility and program, whether	2334
the proposal of the applicant sufficiently indicates that the	2335
standards will be satisfied upon the establishment of the facility	2336
and program. If the division determines that the application is in	2337
proper form and that the applicant has satisfied or will satisfy	2338
the standards of the department, the division shall notify the	2339
applicant that it is qualified to receive state financial	2340
assistance for the facility and program under this section from	2341
moneys made available to the division for purposes of providing	2342
assistance to community-based correctional facilities and programs	2343
and district community-based correctional facilities and programs.	2344

(B) The amount of state financial assistance that is granted	2345
awarded to a qualified applicant under this section shall be	2346
determined by the division of parole and community services in	2347
accordance with this division. The division shall adopt a formula	2348
to determine the allocation of state financial assistance to	2349
qualified applicants. The formula shall provide for funding that	2350
is based upon a set fee to be paid to an applicant per person	2351
committed or referred in the year of application. In no case shall	2352
the set feeIn determining the amount of state financial	2353
assistance to be awarded to a qualified applicant under this	2354
section, the division shall not calculate the cost of an offender	2355
incarcerated in a community-based correctional facility and	2356
program or district community-based correctional facility program	2357
to be greater than the average yearly cost of incarceration per	2358
inmate in all state correctional institutions, as defined in	2359
section 2967.01 of the Revised Code, as determined by the	2360
department of rehabilitation and correction.	2361

The times and manner of distribution of state financial	2362
assistance to be grantedawarded to a qualified applicant under	2363
this section shall be determined by the division of parole and	2364
community services.	2365

(C) Upon approval of a proposal for a community-based	2366
correctional facility and program or a district community-based	2367
correctional facility and program by the division of parole and	2368
community services, the facility governing board, upon the advice	2369
of the judicial advisory board, shall enter into an award	2370
agreement with the department of rehabilitation and correction	2371
that outlines terms and conditions of the agreement on an annual	2372
basis. In the award agreement, the facility governing board shall	2373
identify a fiscal agent responsible for the deposit of funds and	2374
compliance with sections 2301.55 and 2301.56 of the Revised Code.	2375

(D) No state financial assistance shall be distributed to a	2376
qualified applicant until an agreement concerning the assistance	2377
has been entered into by the director of rehabilitation and	2378
correction and the deputy director of the division of parole and	2379
community services on the part of the state, and by the chairman	2380
chairperson of the judicial correctionsfacility governing board	2381
of the community-based correctional facility and program or	2382
district community-based correctional facility and program to	2383
receive the financial assistance, whichever is applicable. The	2384
agreement shall be effective for a period of one year from the	2385
date of the agreement and shall specify all terms and conditions	2386
that are applicable to the grantingawarding of the assistance,	2387
including, but not limited to:	2388

(1) The total amount of assistance to be grantedawarded for	2389
each community-based correctional facility and program or district	2390
community-based correctional facility and program, and the times	2391
and manner of the payment of the assistance;	2392

(2) How persons who will staff and operate the facility and	2393
program are to be utilized during the period for which the	2394
assistance is to be granted, including descriptions of their	2395
positions and duties, and their salaries and fringe benefits, and	2396
their job qualifications and classifications;	2397

(3) A statement that none of the persons who will staff and	2398
operate the facility and program, including those who are	2399
receiving some or all of their salaries out of funds received by	2400
the facility and program as state financial assistance, are	2401
employees or are to be considered as being employees of the	2402
department of rehabilitation and correction, and a statement that	2403
the employees who will staff and operate that facility and program	2404
are employees of the facility and program;	2405

(4) A list of the type of expenses, other than salaries of	2406
persons who will staff and operate the facility and program, for	2407
which the state financial assistance can be used, and a	2408
requirement that purchases made with funds received as state	2409
financial assistance be made through the use of competitive	2410
biddingfollow established fiscal guidelines as determined by the	2411
division of parole and community services and any applicable	2412
sections of the Revised Code, including, but not limited to,	2413
sections 125.01 to 125.11 and Chapter 153. of the Revised Code;	2414

(5) The accounting procedures that are to be used by the	2415
facility and program in relation to the state financial	2416
assistance;	2417

(6) A requirement that the facility and program file	2418
quarterly reports, during the period that it receives state	2419
financial assistance, with the division of parole and community	2420
services, which reports shall be statistical in nature and shall	2421
contain that information required under a research design agreed	2422
upon by all parties to the agreement, for purposes of evaluating	2423
the facility and program;	2424

(7) A requirement that the facility and program comply with	2425
all of the standards of operation and training and qualifications	2426
of personnelas prescribed by the department under section	2427
5120.111 of the Revised Code, and with all information submitted	2428
on its application;	2429

(8) A statement that the facility and program will attempt to	2430
accept and treat at least fifteen per cent of the eligible adult	2431
felony offenders sentenced in the county or counties it serves	2432
during the period that it receives state financial assistance;	2433

(9) A statement that the facility and program will make a	2434
reasonable effort to augment the funding received from the state.	2435

(D)(E)(1) No state financial assistance shall be distributed	2436
to a qualified applicant until its proposal for a community-based	2437
correctional facility and program or district community-based	2438
correctional facility and program has been approved by the	2439
division of parole and community services.	2440

(2) State financial assistance may be denied to any applicant	2441
if it fails to comply with the terms of any agreement entered into	2442
pursuant to division (C)(D) of this section.	2443

Sec. 5149.34.  (A)(1) If a county desires to receive a	2444
subsidy from a subsidy program established under division (A) of	2445
section 5149.31 of the Revised Code for community corrections	2446
programs as described in division (B) of that section, the board	2447
of county commissioners of the county shall establish, by a	2448
resolution as described in this division, and maintain a local	2449
corrections planning board that, except as provided in division	2450
(A)(2) of this section, shall include an administrator of a	2451
county, multicounty, municipal, municipal-county, or	2452
multicounty-municipal jail or workhouse located in the county, a	2453
county commissioner of that county, a judge of the court of common	2454
pleas of that county, a judge of a municipal court or county court	2455
of that county, an attorney whose practice of law primarily	2456
involves the representation of criminal defendants, the chief law	2457
enforcement officer of the largest municipal corporation located	2458
in the county, the county sheriff, one or more prosecutors, as	2459
defined in section 2935.01 of the Revised Code, one or more	2460
representatives of the public, one of whom shall be a victim of	2461
crime, one or more additional representatives of the law	2462
enforcement community, one or more additional representatives of	2463
the judiciary, one or more additional representatives of the field	2464
of corrections, and officials from the largest municipal	2465
corporation located in the county. A majority of the members of	2466
the board shall be employed in the adult criminal justice field.	2467
At least two members of the board shall be members of the largest	2468
racial minority population, if any, in the county, and at least	2469
two other members of the board shall be women. The resolution	2470
shall state the number and nature of the members, the duration of	2471
their terms, the manner of filling vacancies on the board, and the	2472
compensation, if any, that members are to receive. The board of	2473
county commissioners also may specify, as part of the resolution,	2474
any other duties the local corrections planning board is to	2475
assume.	2476

(2) If, for good cause shown, including, but not limited to,	2477
the refusal of a specified individual to serve on a local	2478
corrections planning board, a particular county is not able to	2479
satisfy the requirements specified in division (A)(1) of this	2480
section for the composition of such a board, the director of	2481
rehabilitation and correction may waive the requirements to the	2482
extent necessary and approve a composition for the board that	2483
otherwise is consistent with the requirements.	2484

(B) Each local corrections planning board established	2485
pursuant to division (A) of this section shall adopt within	2486
eighteen months after its establishment, and from time to time	2487
shall revise, a comprehensive plan for the development,	2488
implementation, and operation of corrections services in the	2489
county. The plan shall be adopted and revised after consideration	2490
has been given to the impact that it will have or has had on the	2491
populations of state correctional institutions and county,	2492
multicounty, municipal, municipal-county, or multicounty-municipal	2493
jails or workhouses in the county, and shall be designed to unify	2494
or coordinate corrections services in the county and to reduce the	2495
number of persons committed, consistent with the standards adopted	2496
under division (B) of section 5149.31 of the Revised Code, from	2497
that county to state correctional institutions and to county,	2498
multicounty, municipal, municipal-county, or multicounty-municipal	2499
jails or workhouses. The plan and any revisions to the plan shall	2500
be submitted to the board of county commissioners of the county in	2501
which the local corrections planning board is located for	2502
approval.	2503

If a county has a community-based correctional facility and	2504
program established in accordance with sections 2301.51 to 2301.56	2505
2301.58 of the Revised Code, the budgets of the facility and	2506
program shall not be subject to approval by the local corrections	2507
planning board, but instead shall continue to be determined in	2508
accordance with those sections. However, the local corrections	2509
planning board shall include the facility and program as part of	2510
the comprehensive plan adopted and revised pursuant to this	2511
division.	2512

Section 2. That existing sections 2152.20, 2301.51, 2301.52,	2513
2301.55, 2301.56, 2301.57, 2744.01, 2929.01, 2929.34, 2929.37,	2514
2929.38, 4117.01, 5120.031, 5120.111, 5120.112, and 5149.34 and	2515
sections 2301.53, 2301.54, and 2301.58 of the Revised Code are	2516
hereby repealed.	2517

Section 3. The amendment of sections 2301.51, 2301.52,	2518
2301.55, 2301.56, and 2301.57, the repeal of sections 2301.53,	2519
2301.54, and 2301.58, and the enactment of new section 2301.58 and	2520
section 2301.571 of the Revised Code by this act do not change the	2521
status of any officer or employee of a community-based	2522
correctional facility and program or district community-based	2523
correctional facility and program in the public employees	2524
retirement system. It is the intent of the General Assembly in	2525
amending sections 2301.51, 2301.52, 2301.55, 2301.56, and 2301.57,	2526
repealing sections 2301.53, 2301.54, and 2301.58, and enacting new	2527
section 2301.58 and section 2301.571 of the Revised Code to ensure	2528
membership in the public employees retirement system for officers	2529
and employees of publicly operated community-based correctional	2530
facilities and programs and district community-based correctional	2531
facilities and programs and not to add to the category of	2532
employees eligible for membership in the public employees	2533
retirement system.	2534

Section 4. The amendment of section 4117.01 of the Revised	2535
Code by this act preserves the nonexempt collective bargaining	2536
status of employees of community-based correctional facilities and	2537
programs and district community-based correctional facilities and	2538
programs who are covered by a collective bargaining agreement	2539
existing on June 1, 2005. These employees shall maintain their	2540
non-exempt status beyond the termination date of the existing	2541
collective bargaining agreement. All employees of community-based	2542
correctional facilities and programs and district community-based	2543
correctional facilities and programs who are not covered by a	2544
collective bargaining agreement on June 1, 2005, shall be exempt	2545
from collective bargaining rights under Chapter 4117. of the	2546
Revised Code.	2547

Section 5.  This act does not affect, and shall not be	2548
construed as affecting, the authority, responsibility, or powers	2549
of the Ohio Ethics Commission under Chapters 102. and 2921. of the	2550
Revised Code, as those chapters existed immediately prior to the	2551
effective date of this act, with respect to the following:	2552

(A) Any trustee or member of the governing board and any	2553
officer of an entity that was or is under contract to control,	2554
manage, operate, and have general charge of a community-based	2555
correctional facility and program or district community-based	2556
correctional facility and program established under former	2557
sections 2301.51 to 2301.58 of the Revised Code;	2558

(B) Any individual who, pursuant to a contract with an entity	2559
to control, manage, operate, and have general charge of a	2560
community-based correctional facility and program or district	2561
community-based correctional facility and program established	2562
under former sections 2301.51 to 2301.58 of the Revised Code, was	2563
or is serving as director or in a substantially similar capacity	2564
to director of the facility and program.	2565

Section 6.  Section 2301.56 of the Revised Code is presented	2566
in this act as a composite of the section as amended by both Am.	2567
Sub. H.B. 490 and Sub. H.B. 510 of the 124th General Assembly. The	2568
General Assembly, applying the principle stated in division (B) of	2569
section 1.52 of the Revised Code that amendments are to be	2570
harmonized if reasonably capable of simultaneous operation, finds	2571
that the composite is the resulting version of the section in	2572
effect prior to the effective date of the section as presented in	2573
this act.	2574