(3) Unless the child's delinquent act or juvenile traffic | 48 |
offense would be a minor misdemeanor if committed by an adult or | 49 |
could be disposed of by the juvenile traffic violations bureau | 50 |
serving the court under Traffic Rule 13.1 if the court has | 51 |
established a juvenile traffic violations bureau, require the | 52 |
child to make restitution to the victim of
the
child's delinquent | 53 |
act or juvenile traffic offense or, if the victim is deceased, to | 54 |
a
survivor of
the victim in an amount based upon the victim's | 55 |
economic loss caused by
or related to the delinquent act or | 56 |
juvenile traffic offense.
The court may not require a child to | 57 |
make restitution pursuant to this division if the child's | 58 |
delinquent act or juvenile traffic offense would be a minor | 59 |
misdemeanor if committed by an adult or could be disposed of by | 60 |
the juvenile traffic violations bureau serving the court under | 61 |
Traffic Rule 13.1 if the court has established a juvenile traffic | 62 |
violations bureau. If the court requires restitution under this | 63 |
division, the restitution shall be made directly to
the victim in | 64 |
open court or to
the probation department that
serves the | 65 |
jurisdiction or the clerk
of courts on behalf of the
victim. | 66 |
If the court requires restitution under this division, the | 67 |
restitution may be in the form
of a
cash reimbursement paid in a | 68 |
lump sum or in installments, the
performance of repair work to | 69 |
restore any damaged property to its
original condition, the | 70 |
performance of a reasonable amount of
labor for the victim or | 71 |
survivor of the victim, the performance of
community service work, | 72 |
any other form of restitution devised by
the court, or any | 73 |
combination of the previously described forms of
restitution. | 74 |
If the court requires restitution under this division, the | 75 |
court may base the restitution order
on an
amount recommended by | 76 |
the victim or survivor of the victim,
the
delinquent child, the | 77 |
juvenile traffic offender, a presentence investigation report, | 78 |
estimates or
receipts indicating the cost of repairing or | 79 |
replacing property, and any
other information, provided that the | 80 |
amount the court orders as restitution shall not exceed the amount | 81 |
of the economic loss suffered by the victim as a direct and | 82 |
proximate result of the delinquent act or juvenile traffic | 83 |
offense. If the court decides to order restitution under this | 84 |
division and the amount of
the restitution is disputed
by the | 85 |
victim or survivor or by the
delinquent child or juvenile traffic | 86 |
offender, the court
shall hold a hearing on the
restitution. If | 87 |
the court requires restitution under this division, the court | 88 |
shall
determine, or order the
determination of, the amount of | 89 |
restitution to be paid by the
delinquent child or juvenile traffic | 90 |
offender. All restitution
payments shall be credited
against any | 91 |
recovery of economic loss
in a civil action brought by
or on | 92 |
behalf of the victim against
the delinquent child or juvenile | 93 |
traffic offender or the
delinquent child's or juvenile traffic | 94 |
offender's parent, guardian,
or other custodian. | 95 |
(b) All or part of the costs of confinement in a residential | 114 |
facility described in section 2152.19 of the Revised Code or in a | 115 |
department of youth services institution, including, but not | 116 |
limited to, a per
diem fee for room and board, the costs of | 117 |
medical and
dental treatment provided, and the costs of repairing | 118 |
property the
delinquent child damaged while so confined. The | 119 |
amount of
reimbursement ordered for a child under this division | 120 |
shall not
exceed the total amount of
reimbursement the child is | 121 |
able to pay as determined at a hearing and shall
not exceed the | 122 |
actual cost of the confinement. The court may collect any | 123 |
reimbursement ordered under this division. If the court
does not | 124 |
order reimbursement under this division, confinement
costs may be | 125 |
assessed pursuant to a repayment policy adopted under
section | 126 |
2929.37 of the Revised Code and
division
(D)
of section 307.93, | 127 |
division
(A) of section
341.19, division
(C) of
section
341.23
or | 128 |
753.16, division (C) of section 2301.56, or
division
(B) of | 129 |
section
341.14, 753.02,
753.04,
2301.56,
or
2947.19 of the
Revised | 130 |
Code. | 131 |
(2) Sections 2925.41 to 2925.45 of the Revised Code
apply to | 137 |
children who are adjudicated or could be adjudicated by a juvenile | 138 |
court to be delinquent children for an act that, if committed by | 139 |
an adult,
would be a felony drug abuse offense. Subject to | 140 |
division (B) of
section 2925.42 and division (E) of section | 141 |
2925.43 of the
Revised Code, a
delinquent child of that nature | 142 |
loses any right to the possession of, and
forfeits to the state | 143 |
any right, title, and interest that the delinquent child
may have | 144 |
in, property as defined in section 2925.41 of the Revised Code and | 145 |
further described in section 2925.42 or 2925.43 of the Revised | 146 |
Code. | 147 |
(3) Sections 2923.44 to 2923.47 of the Revised Code
apply to | 148 |
children who are adjudicated or could be adjudicated by a juvenile | 149 |
court to be delinquent children for an act in violation of section | 150 |
2923.42 of
the Revised Code. Subject to division (B) of
section | 151 |
2923.44 and division (E) of section 2923.45 of the
Revised Code, a | 152 |
delinquent child of that nature loses any right to
the possession | 153 |
of, and forfeits to the state any right, title, and interest
that | 154 |
the
delinquent child may have in, property as defined in section | 155 |
2923.41 of the Revised Code and
further described in section | 156 |
2923.44
or 2923.45 of the Revised Code. | 157 |
(D) If a child who is adjudicated a delinquent child is | 160 |
indigent,
the court shall consider imposing a term of community | 161 |
service under
division (A) of section 2152.19 of the Revised Code | 162 |
in
lieu of imposing a financial sanction under this section. If a | 163 |
child who is
adjudicated a delinquent child is not indigent, the | 164 |
court may impose a term of
community service under that division | 165 |
in lieu of, or in addition
to, imposing a financial sanction under | 166 |
this section. The court
may order community service for an act | 167 |
that if committed by an
adult would be a minor misdemeanor. | 168 |
(2) Permit payment of all, or any portion of, the financial | 179 |
sanction in installments, by credit or debit card, by another type | 180 |
of
electronic transfer, or by any other reasonable method, within | 181 |
any
period of time, and on any terms that the court considers | 182 |
just,
except that the maximum time permitted for payment shall not | 183 |
exceed five years. The clerk may pay any fee associated with | 184 |
processing an electronic transfer out of public money and may | 185 |
charge the fee
to
the delinquent child. | 186 |
Sec. 2301.51. (A)(1) The court of common pleas of anyAny | 190 |
county that has a population of two hundred thousand or more may | 191 |
is eligible to
formulate a community-based correctional proposal | 192 |
pursuant to this section that, upon
implementation, would provide | 193 |
a community-based correctional
facility and program for the use of | 194 |
that county's court of common pleas in accordance with
sections | 195 |
2301.51 to 2301.562301.58 of the Revised Code. Upon the
approval | 196 |
of the director of rehabilitation and correction, the
court of | 197 |
common pleas of anyAny county that has a population of two | 198 |
hundred thousand or more mayis eligible to formulate more than | 199 |
one
community-based correctional proposal pursuant to this | 200 |
section, upon approval of the director of rehabilitation and | 201 |
correction. In determining whether to
grant approval to a court to | 202 |
formulate more than one
proposal, the director shall consider the | 203 |
rate at which the
county served by the court commits felony | 204 |
offenders to the state
correctional system. If a courtcounty | 205 |
formulates more than
one proposal, each proposal shall be for a | 206 |
separate
community-based correctional facility and program. | 207 |
For each community-based correctional proposal formulated | 208 |
under this division, the fact that the proposal has been | 209 |
formulated and the fact of any subsequent establishment of a | 210 |
community-based correctional facility and program pursuant to the | 211 |
proposal shall be entered upon the journal of the court. A | 212 |
county's community-based correctional facilities and programs | 213 |
shall be administered by a judicial corrections board. The | 214 |
presiding judge of the court or, if the presiding judge is not a | 215 |
judge of
the general division of the court, the administrative | 216 |
judge of the general
division shall designate the members of the | 217 |
board, who shall be judges of the court. The total number of | 218 |
members of the board shall not exceed eleven. The
judge who is | 219 |
authorized to designate the members of the
board shall serve as | 220 |
chairperson of the
board. | 221 |
(2) The courts of common pleas of twoTwo or more adjoining | 222 |
or
neighboring counties that have an aggregate population of two | 223 |
hundred thousand or more may form a judicial corrections board
and | 224 |
proceed to organize a district andare eligible to formulate a | 225 |
district
community-based correctional proposal pursuant to this | 226 |
section that, upon implementation,
would provide a district | 227 |
community-based correctional facility
and program for the use of | 228 |
the memberthose counties' courts of common pleas in accordance | 229 |
with
sections 2301.51 to 2301.562301.58 of the Revised Code. Upon | 230 |
the
approval of the director of rehabilitation and correction, a | 231 |
judicial corrections board mayTwo or more adjoining or | 232 |
neighboring counties that have an aggregate population of two | 233 |
hundred thousand or more are eligible to formulate more than one | 234 |
district
community-based correctional proposal upon approval of | 235 |
the director of rehabilitation and correction. In determining | 236 |
whether to
grant approval to a judicial corrections board to | 237 |
formulatefor
more than one proposal, the director shall consider | 238 |
the rate at
which the counties that formed the board commit felony | 239 |
offenders
to the state correctional system. If a judicial | 240 |
corrections board formulatestwo or more adjoining or neighboring | 241 |
counties formulate more than one proposal, each
proposal shall be | 242 |
for a separate district community-based
correctional facility and | 243 |
program. The judicial corrections
board shall consist of not more | 244 |
than eleven judges of the member
courts of common pleas, and each | 245 |
member court shall be
represented on the board by at least one | 246 |
judge. The presiding
judge of the court of common pleas of the | 247 |
county with the
greatest population or, if that presiding judge is | 248 |
not a judge of the
general division of that court, the | 249 |
administrative judge of the general
division of that court shall | 250 |
serve as chairperson of the
board. The
fact of the formation of a | 251 |
board and district, and, for each
district community-based | 252 |
correctional proposal formulated under
this division, the fact | 253 |
that the proposal has been formulated and
the fact of any | 254 |
subsequent establishment of a district
community-based | 255 |
correctional facility and program shall be
entered upon the | 256 |
journal of each member court of common pleas. | 257 |
(3) The formulation of a proposal for a community-based | 258 |
correctional facility or a district community-based correctional | 259 |
facility shall begin by the establishment of a judicial advisory | 260 |
board by judgment entry. The judicial advisory board shall consist | 261 |
of not less than three judges. Each general division judge of the | 262 |
court of common pleas in the county or counties wishing to | 263 |
formulate a proposal or to continue operation of an existing | 264 |
facility is eligible to become a member of the judicial advisory | 265 |
board but is not required to do so. In addition, a judicial | 266 |
advisory board may invite a non-general division judge of a court | 267 |
of common pleas from within the county or counties proposing the | 268 |
creation of a community-based correctional facility or district | 269 |
community-based correctional facility or a general division judge | 270 |
of a court of common pleas from outside the county or counties | 271 |
proposing the creation of a community-based correctional facility | 272 |
or district community-based correctional facility who regularly | 273 |
sends offenders to its facility to become a member of that | 274 |
judicial advisory board. A judge shall not receive any additional | 275 |
compensation for service on a judicial advisory board, but a judge | 276 |
may be reimbursed for reasonable and necessary expenses incurred | 277 |
as a result of service on the board. Service of a judge on a | 278 |
judicial advisory board pursuant to this section is a judicial | 279 |
function. The judicial advisory board shall meet at least once a | 280 |
year to make necessary appointments of members to the facility | 281 |
governing board as described in division (A)(4) of this section | 282 |
and to provide advice to the facility governing board regarding | 283 |
the public safety needs of the community, admission criteria for | 284 |
any community-based correctional facility or program or district | 285 |
community-based correctional facility or program, and the general | 286 |
requirements of the community-based correctional facility or | 287 |
program or district community-based correctional facility or | 288 |
program. The judicial advisory board may meet as often as | 289 |
considered necessary by its members, may communicate directly with | 290 |
the division of parole and community services, and may provide | 291 |
advice to the facility governing board specifically regarding the | 292 |
agreement entered into between the facility governing board and | 293 |
the division of parole and community services pursuant to section | 294 |
5120.112 of the Revised Code. | 295 |
(4)(a) A facility governing board shall formulate the | 296 |
proposal for a community-based correctional facility and program | 297 |
or a district community-based correctional facility and program | 298 |
and shall govern the facility. A facility governing board shall | 299 |
consist of at least six members, each member serving a three-year | 300 |
term. The judicial advisory board shall appoint two-thirds of the | 301 |
members, and the board or boards of county commissioners of the | 302 |
member counties shall appoint the remaining one-third, or portion | 303 |
thereof, of the members. If a facility governing board is | 304 |
responsible for a district community-based correctional facility, | 305 |
not more than one-half of the members shall be from any one | 306 |
county. Of the initial appointments, one-third of the members | 307 |
shall be appointed for a one-year term, one-third of the members | 308 |
shall be appointed for a two-year term, and the remaining | 309 |
one-third, or portion thereof, of the members shall be appointed | 310 |
for a three-year term. Thereafter, terms of persons appointed to | 311 |
the facility governing board shall be for a three-year term, with | 312 |
each term ending on the same day of the same month of the year as | 313 |
did the term that it succeeds. A member may be reappointed to the | 314 |
board. Vacancies on the board shall be filled in the same manner | 315 |
as provided for original appointments. Any member of the facility | 316 |
governing board who is appointed to fill a vacancy occurring prior | 317 |
to the expiration of the term for which the member's predecessor | 318 |
was appointed shall hold office for the remainder of the | 319 |
predecessor's term. Members of the board shall not receive | 320 |
compensation for their services but may be reimbursed for | 321 |
reasonable and necessary expenses incurred as a result of service | 322 |
on the board. | 323 |
(2) No person shall be sentenced
to or placed in a | 345 |
community-based correctional facility and program or to a
district | 346 |
community-based correctional facility and program
by a court | 347 |
pursuant to
section
2929.16 or 2929.17 of the Revised Code or by | 348 |
the parole board
pursuant to section 2967.28 of the Revised Code, | 349 |
or otherwise committed or admitted to a
facility and
program of | 350 |
that type until after
the proposal for the establishment of the | 351 |
facility and program
has been approved by the
division of parole | 352 |
and community services under section 5120.10
of the Revised
Code. | 353 |
A person
shall be sentenced to a facility
and program of
that type | 354 |
only pursuant to a sanction imposed by a court pursuant
to section | 355 |
2929.16 or 2929.17 of the Revised Code as the sentence or as any | 356 |
part of the
sentence of the
person or
otherwise shall be committed | 357 |
or referred to a facility and program of
that
type only
when | 358 |
authorized by law. | 359 |
(C) Upon the approval by the division of parole and community | 360 |
services of a
proposal for the establishment
of a community-based | 361 |
correctional facility and program or
district community-based | 362 |
correctional facility and program
submitted to it under division | 363 |
(B) of this section, the judicial
correctionsfacility governing | 364 |
board that submitted the proposal may establish and
operate the | 365 |
facility and program addressed by the proposal in
accordance with | 366 |
the approved proposal and division
(B)(2) of this section. The | 367 |
judicial
correctionsfacility governing board may submit a request | 368 |
for funding of some or all
of its community-based correctional | 369 |
facilities and programs or
district community-based correctional | 370 |
facilities and programs to
the board of county commissioners of | 371 |
the county, if the judicial
correctionsfacility governing board | 372 |
serves a community-based correctional facility
and program, or to | 373 |
the boards of county commissioners of all of
the member counties, | 374 |
if the judicial correctionsfacility governing board serves a | 375 |
district community-based correctional facility and program. The | 376 |
board or boards may appropriate, but are not required to | 377 |
appropriate, a sum of money for funding all aspects of each | 378 |
facility and program as outlined in sections 2301.51 to 2301.56 | 379 |
2301.58
of the Revised Code. The judicial correctionsfacility | 380 |
governing board has no
recourse against a board or boards of | 381 |
county commissioners,
either under Chapter 2731. of the Revised | 382 |
Code, under its
contempt power, or under any other authority, if | 383 |
the board or
boards of county commissioners do not appropriate | 384 |
money for
funding any facility or program or if they appropriate | 385 |
money for
funding a facility and program in an amount less than | 386 |
the total
amount of the submitted request for funding. | 387 |
(D)(1) If a court of common pleas that is being served by
any | 388 |
a community-based correctional facility and program established | 389 |
pursuant to division (C) of this section determines that it no | 390 |
longer wants to be served by the facility and program, the court | 391 |
facility governing board, upon the advice of the judicial advisory | 392 |
board,
may dissolve the facility and program by entering upon the | 393 |
journal of the court the fact of the determination to dissolve
the | 394 |
facility and program and by notifying, in writing, the
division of | 395 |
parole and community services
of the determination to dissolve the | 396 |
facility
and program. If the court is served by more than one | 397 |
community-based correctional facility and program, itthe facility | 398 |
governing board, upon the advice of the judicial advisory board, | 399 |
may
dissolve some or all of the facilities and programs and, if it | 400 |
does not dissolve all of the facilities and programs, itthe | 401 |
facility governing board shall
continue the operation of the | 402 |
remaining facilities and programs. | 403 |
(2) If all of the courts of common pleas being served by
any | 404 |
district community-based correctional facility and program | 405 |
established pursuant to division (C) of this section determine | 406 |
that they no longer want to be served by the facility and
program, | 407 |
the courtsfacility governing board, upon the advice of the | 408 |
judicial advisory board, may dissolve the facility and program by | 409 |
entering upon the journal of each court the fact of the | 410 |
determination to dissolve the facility and program and by the | 411 |
judge who serves as chairperson of the judicial
corrections board | 412 |
notifying, in writing, the
division of parole and community | 413 |
services of the determination to
dissolve the facility and | 414 |
program. If the courts are served by
more than one district | 415 |
community-based correctional facility and program,
theythe | 416 |
facility governing board, upon the advice of the judicial advisory | 417 |
board, may dissolve some or all of the facilities and programs | 418 |
and,
if they do not dissolve all of the facilities and programs, | 419 |
they
shall continue the operation of the remaining facilities and | 420 |
programs. | 421 |
(3) If at least one, but not all, of the courts of common | 422 |
pleas
being served by one or more district community-based | 423 |
correctional
facilities and programs established pursuant to | 424 |
division (C) of
this section determines that it no longer wants to | 425 |
be served by
the facilities and programs, the court may terminate | 426 |
its
involvement with each of the facilities and programs by | 427 |
entering
upon the journal of the court the fact of the | 428 |
determination to
terminate its involvement with the facilities and | 429 |
programs and by
the court notifying, in writing, the
division of | 430 |
parole and community services of the determination to terminate | 431 |
its
involvement with the facilities and programs. | 432 |
If at least one, but not all, of the courts of common pleas | 433 |
being
served by one or more district community-based correctional | 434 |
facilities and programs terminates its involvement with each of | 435 |
the facilities and programs in accordance with this division, the | 436 |
other courts of common pleas being served by the facilities and | 437 |
programs may continue to be served by each of the facilities and | 438 |
programs if the other counties are adjoining or neighboring | 439 |
counties and have
an aggregate population of two hundred thousand | 440 |
or more. A court may use a facility and program by remaining as a | 441 |
member county of the district community-based correctional | 442 |
facility and program or by making a written service agreement with | 443 |
the facility governing board without remaining as a member county. | 444 |
(E) Written screening standards that are to be used by an | 513 |
intake
officer in screening an offender under the provisions | 514 |
described
in division (D) of this section and that at
a minimum | 515 |
include provisions to ensure that the intake officer will not
make | 516 |
a recommendation to a sentencing court in support of
the | 517 |
sentencing of a person to the facility and program if the
person | 518 |
is ineligible for placement in the
facility and program under | 519 |
rules adopted by the facility's and program's
judicial corrections | 520 |
board.Provisions for the facility governing board, upon the | 521 |
advice of the judicial advisory board, to set standards for the | 522 |
screening and admission of each felony offender who is referred by | 523 |
a court pursuant to section 2929.16 or 2929.17 of the Revised Code | 524 |
or by the parole board pursuant to section 2967.28 of the Revised | 525 |
Code; | 526 |
(1)The facility governing board of a community-based | 537 |
correctional facility or program or a district community-based | 538 |
correctional facility or program may appoint a director who, or | 539 |
enter into a contract with a nonprofit or private entity that, | 540 |
shall control, manage, operate, and have general charge of the | 541 |
facility or program and shall have custody of its property, files, | 542 |
and records. If a facility governing board chooses to contract the | 543 |
operation of a facility or program, an agreement that includes, at | 544 |
a minimum, terms and conditions established by the department of | 545 |
rehabilitation and correction, shall be in effect with the chosen | 546 |
contractor. The judicial correctionsfacility governing board | 547 |
shall appoint and fix or approve
the compensation of the director | 548 |
of the facility and program and
other professional, technical, and | 549 |
clerical employees who are
necessary to properly maintain and | 550 |
operate the facility and
program. | 551 |
(3)(C) The judicial correctionsfacility governing board, | 565 |
upon the advice of the judicial advisory board, shall adopt rules | 566 |
for
the sentencing or other commitment or
admission pursuant to | 567 |
law of persons to, and the operation of,
the facility and program. | 568 |
The rules shall provide procedures
that conform to sections | 569 |
2301.51 to 2301.562301.58, 5120.10,
5120.111,
and 5120.112 of
the | 570 |
Revised Code. The rules adopted under this division shall be | 571 |
entered upon the journal of the court of each member court of a | 572 |
district. | 573 |
(B)(D) A judicial correctionsfacility governing board that | 574 |
establishes one or
more community-based correctional facilities | 575 |
and programs or
district community-based correctional facilities | 576 |
and programs may
accept any gift, donation, devise, or bequest of | 577 |
real or personal
property made to it by any person, or any grant | 578 |
or appropriation
made to it by any federal, state, or local | 579 |
governmental unit or
agency, and use the gift, donation, devise, | 580 |
bequest, grant, or
appropriation in any manner that is consistent | 581 |
with any
conditions of the gift, donation, devise, bequest, grant, | 582 |
or
appropriation and that it considers to be in the interests of | 583 |
the
facility and program. The judicial correctionsfacility | 584 |
governing board may sell,
lease, convey, or otherwise transfer any | 585 |
real or personal
property that it accepts pursuant to this | 586 |
division following the
procedures specified in sections 307.09, | 587 |
307.10, and 307.12 of
the Revised Code. | 588 |
(C) A judicial corrections board that establishes one or
more | 589 |
community-based correctional facilities and programs or
district | 590 |
community-based correctional facilities and programs
shall provide | 591 |
the citizens advisory board of the facilities and
programs with | 592 |
the staff assistance that the citizens advisory
board requires to | 593 |
perform the duties imposed by section 2301.54
of the Revised Code | 594 |
(E) A facility governing board of a community-based correctional | 595 |
facility or program or a district community-based correctional | 596 |
facility or program may purchase liability insurance to cover | 597 |
members of the facility governing board, the judicial advisory | 598 |
board, and the community-based correctional facility employees or | 599 |
district community-based correctional facility employees when | 600 |
engaged in the performance of their duties. | 601 |
(F) A facility governing board of a community-based | 602 |
correctional facility or program or a district community-based | 603 |
correctional facility or program may contract for legal services | 604 |
for the facility governing board, the judicial advisory board, and | 605 |
the community-based correctional facility employees or district | 606 |
community-based correctional facility employees when engaged in | 607 |
the performance of their duties. In the absence of a contract for | 608 |
legal services, the prosecuting attorney of the county in which a | 609 |
community-based correctional facility or a district | 610 |
community-based correctional facility is located shall provide | 611 |
legal services to the facility governing board, the judicial | 612 |
advisory board, and the community-based correctional facility | 613 |
employees or district community-based correctional facility | 614 |
employees when engaged in the performance of their duties. The | 615 |
prosecuting attorney shall be reasonably reimbursed for these | 616 |
legal services. | 617 |
(G) A facility of a community-based correctional facility or | 618 |
a district community-based correctional facility governing board | 619 |
may contract with a fiscal agent that shall be responsible for the | 620 |
deposit of funds and compliance with division (C)(1) of section | 621 |
2301.56 of the Revised Code. In the absence of a contract for a | 622 |
fiscal agent, the county auditor of the county in which a | 623 |
community-based correctional facility or a district | 624 |
community-based correctional facility is located shall provide | 625 |
fiscal services to the facility governing board. The county | 626 |
auditor shall be reasonably reimbursed for these fiscal services. | 627 |
Sec. 2301.56. (A) A judicial correctionsfacility governing | 628 |
board that
proposes or establishes one or more community-based | 629 |
correctional
facilities and programs or district community-based | 630 |
correctional
facilities and programs may apply to the division of | 631 |
parole and
community services for state financial assistance for | 632 |
the cost of
renovation, maintenance, and operation of any of the | 633 |
facilities
and programs. If the judicial correctionsfacility | 634 |
governing board has proposed or
established more than one facility | 635 |
and program and if it desires
state financial assistance for more | 636 |
than one of the facilities
and
programs, the board shall submit a | 637 |
separate application for
each
facility and program for which it | 638 |
desires the financial
assistance. | 639 |
An application for state financial assistance under this | 640 |
section may be made when the judicial correctionsfacility | 641 |
governing board submits
for the approval of the sectiondivision | 642 |
its proposal for the
establishment
of the facility and program in | 643 |
question to the
division of parole
and community services under | 644 |
division (B) of
section 2301.51 of
the Revised Code, or at any | 645 |
time after the
sectiondivision has approved
the proposal. All | 646 |
applications for state
financial assistance for
proposed or | 647 |
approved facilities and
programs shall be made on
forms that are | 648 |
prescribed and furnished
by the department of
rehabilitation and | 649 |
correction, and in
accordance with section
5120.112 of the Revised | 650 |
Code. | 651 |
(B) The judicial correctionsfacility governing board may | 652 |
submit a request for
funding of some or all of its community-based | 653 |
correctional
facilities and programs or district community-based | 654 |
correctional
facilities and programs to the board of county | 655 |
commissioners of
the county, if the judicial correctionsfacility | 656 |
governing board serves a
community-based correctional facility and | 657 |
program, or to the
boards of county commissioners of all of the | 658 |
member counties, if
the judicial correctionsfacility governing | 659 |
board serves a district community-based
correctional facility and | 660 |
program. The board or boards may
appropriate, but are not required | 661 |
to appropriate, a sum of money
for funding all aspects of each | 662 |
facility and program as outlined
in sections 2301.51 to 2301.56 | 663 |
2301.58 of the Revised Code. The judicial
correctionsfacility | 664 |
governing board has no recourse against a board or boards of | 665 |
county commissioners, either under Chapter 2731. of the Revised | 666 |
Code, under its contempt power, or under any other authority, if | 667 |
the board or boards of county commissioners do not appropriate | 668 |
money for funding any facility or program or if they appropriate | 669 |
money for funding a facility and program in an amount less than | 670 |
the total amount of the submitted request for funding. | 671 |
(C)
Notwithstanding any contrary provision in this
section or | 679 |
section
2929.18, 2929.28, or
2929.37 of the
Revised Code,
the | 680 |
judicial
corrections board may
establish a
policy
that
complies | 681 |
with section 2929.38 of the
Revised Code and that
requires any | 682 |
person who is not
indigent and
who is
confined in the | 683 |
community-based correctional facility or
district
community-based | 684 |
correctional facility to pay a
reception fee or a fee for
any | 685 |
medical treatment or
service requested by and provided to that | 686 |
person. | 687 |
(D) If a person who has been convicted of or pleaded
guilty | 688 |
to an
offense is confined in a community-based correctional | 689 |
facility or district
community-based correctional facility, at the | 690 |
time of reception and at other
times the person in charge of the | 691 |
operation of the facility determines to be
appropriate, the person | 692 |
in charge of the operation of the facility may cause
the convicted | 693 |
offender to be examined and tested for tuberculosis,
HIV | 694 |
infection, hepatitis, including but not limited to hepatitis
A, B, | 695 |
and C, and other contagious diseases. The
person in charge
of the | 696 |
operation of the facility may cause a convicted offender in the | 697 |
facility who refuses to be tested or treated for tuberculosis, HIV | 698 |
infection, hepatitis, including but not limited to hepatitis A,
B, | 699 |
and C, or another contagious disease to be tested and
treated | 700 |
involuntarily. | 701 |
(E)(1) Community-based correctional facilities and programs | 702 |
and district
community-based correctional facilities and programs | 703 |
are public offices under
section 117.01 of the Revised Code and | 704 |
are subject to audit under
section 117.10 of the Revised Code.
The | 705 |
audits of the facilities and programs shall include financial | 706 |
audits and, in addition, in the circumstances specified in this | 707 |
division, performance audits by the auditor of state. If a
private | 708 |
or nonprofit entity performs the day-to-day operation of
any | 709 |
community-based correctional facility and program
or district | 710 |
community-based correctional facility and program, the private or | 711 |
nonprofit entity also is subject to
financial
audits under
section | 712 |
117.10
of the Revised
Code, and, in addition, in the
circumstances | 713 |
specified in this division, to
performance audits by
the auditor | 714 |
of state. The auditor of state shall conduct the
performance | 715 |
audits of a facility and program and of an entity
required under | 716 |
section 117.10 of the Revised Code and this
division and, | 717 |
notwithstanding
the time
period for
audits
specified
in section | 718 |
117.11 of the
Revised Code,
shall
conduct the financial
audits of | 719 |
a
facility and
program and of an entity
required under
section | 720 |
117.10 of
the Revised
Code and
this
division, in
accordance with | 721 |
the
following criteria: | 722 |
(c) At any time after the effective date of this
amendment | 734 |
March 31, 2003,
regarding a facility and program or regarding an | 735 |
entity that
performs the day-to-day operation of a facility and | 736 |
program, the
department of rehabilitation and correction or the | 737 |
judicial
correctionsfacility governing board that established the | 738 |
facility and
program may
request, or the auditor of state on its | 739 |
own initiative
may
undertake, a performance audit of the facility | 740 |
and program or
the
entity. Upon the receipt of the request, or | 741 |
upon the auditor
of
state's own initiative as described in this | 742 |
division, the
auditor
of state shall conduct a performance audit | 743 |
of the facility
and
program or the entity. | 744 |
(2) The department of rehabilitation and correction shall | 745 |
prepare and provide to the auditor of state quarterly financial | 746 |
reports for each community-based correctional facility and | 747 |
program, for each district community-based correctional facility | 748 |
and program, and, to the extent that information is available, for | 749 |
each private or nonprofit entity that performs the day-to-day | 750 |
operation of any community-based correctional facility and program | 751 |
or district community-based correctional facility and program. | 752 |
Each report shall cover a three-month period and shall be provided | 753 |
to the auditor of state not later than fifteen days after the end | 754 |
of the period covered by the report. | 755 |
Sec. 2301.57. (A) For each person
who is confined in a | 756 |
community-based correctional facility or district
community-based | 757 |
correctional facility as provided in sections 2301.51 to 2301.56 | 758 |
2301.58 of the
Revised Code,
the countyfacility may make a | 759 |
determination as to whether the person is covered under
a
health | 760 |
insurance or health care policy, contract, or plan and, if the | 761 |
person
has such
coverage, what terms and conditions are imposed by | 762 |
it for the filing and payment of claims. | 763 |
(B) If, pursuant to division
(A) of this section, it is | 764 |
determined that the
person is covered under a policy, contract, or | 765 |
plan and, while that coverage
is
in force, the correctional | 766 |
facility renders or arranges for the rendering of
health care | 767 |
services to the person in accordance with the terms and conditions | 768 |
of the
policy, contract, or plan, then the person, county | 769 |
facility, or provider of the health
care
services, as appropriate | 770 |
under the terms and conditions of the policy,
contract, or plan, | 771 |
shall promptly submit a claim for payment for the health
care | 772 |
services to the appropriate third-party payer and shall designate, | 773 |
or
make
any other arrangement necessary to ensure, that payment of | 774 |
any amount due on
the claim be made to the countyfacility or | 775 |
provider, as the case may be. | 776 |
(D) Notwithstanding any contrary provision in this section or | 784 |
section 2929.18, 2929.21, 2929.26, or 2929.37 of the Revised Code, | 785 |
the facility governing board may establish a policy that complies | 786 |
with section 2929.38 of the Revised Code and that requires any | 787 |
person who is not indigent and who is confined in the | 788 |
community-based correctional facility or district community-based | 789 |
correctional facility to pay a reception fee or a fee for any | 790 |
medical treatment or service requested by and provided to that | 791 |
person. | 792 |
(E) If a person who has been convicted of or pleaded guilty | 793 |
to an offense is confined in a community-based correctional | 794 |
facility or district community-based correctional facility, the | 795 |
person in charge of the operation of the facility may cause the | 796 |
offender, at the time of reception and at other times the person | 797 |
in charge of the operation of the facility determines to be | 798 |
appropriate, to be examined and tested for tuberculosis, HIV | 799 |
infection, hepatitis, including, but not limited to, hepatitis A, | 800 |
B, and C, and other contagious diseases. The person in charge of | 801 |
the operation of the facility may cause an offender in the | 802 |
facility who refuses to be tested or treated for tuberculosis, HIV | 803 |
infection, hepatitis, including, but not limited to, hepatitis A, | 804 |
B, and C, or another contagious disease to be tested and treated | 805 |
involuntarily. | 806 |
Sec. 2301.58. (A) Upon approval of the facility governing | 807 |
board, the director of the community-based correctional facility | 808 |
or district community-based correctional facility may establish a | 809 |
resident program fund. The director shall deposit in the fund all | 810 |
revenues received by the facility from commissions on telephone | 811 |
systems, commissary operations, reimbursable costs such as per | 812 |
diem and medical services, and similar services. The money in the | 813 |
fund shall only be used to pay for the costs of the following | 814 |
expenses: | 815 |
(2) The construction, alteration, repair, or reconstruction | 821 |
of a facility under the control of the facility governing board | 822 |
for use in any library program, educational program, vocational | 823 |
program, rehabilitative program, religious program, medical | 824 |
services program, or recreational program operated by the facility | 825 |
for the benefit of the residents; | 826 |
(F) "Community control sanction"
means a sanction that is
not | 890 |
a prison term and that is described
in section 2929.15,
2929.16, | 891 |
2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not | 892 |
a jail term and that is described in
section 2929.26,
2929.27, or | 893 |
2929.28 of the Revised Code.
"Community control
sanction" includes | 894 |
probation if the sentence involved was
imposed
for a felony that | 895 |
was committed prior to July 1, 1996, or if
the
sentence involved | 896 |
was imposed for a misdemeanor that was committed
prior
to January | 897 |
1, 2004. | 898 |
(R) "Intensive probation supervision" means a
requirement | 957 |
that an offender maintain frequent contact with a
person appointed | 958 |
by the court, or by the parole board pursuant to section
2967.28 | 959 |
of the Revised Code, to supervise the offender while the
offender | 960 |
is seeking or maintaining necessary employment and
participating | 961 |
in training, education, and treatment programs as
required in the | 962 |
court's or parole board's order. "Intensive
probation
supervision" | 963 |
includes intensive parole supervision and intensive
post-release | 964 |
control supervision. | 965 |
(U) "Mandatory jail term" means the term in a jail that a | 975 |
sentencing court is required to impose pursuant to division (G) of | 976 |
section 1547.99 of the Revised Code, division (E) of section | 977 |
2903.06 or division (D) of section 2903.08 of the Revised Code, | 978 |
division (E) of section 2929.24 of the Revised Code, division (B) | 979 |
of section
4510.14 of the Revised Code, or division
(G) of section | 980 |
4511.19 of
the Revised Code or pursuant to any other provision of | 981 |
the
Revised
Code that requires a term in a jail for a misdemeanor | 982 |
conviction. | 983 |
(W) "License violation report" means
a report that is made
by | 986 |
a sentencing court, or by the parole board pursuant
to section | 987 |
2967.28 of the Revised Code, to the regulatory or
licensing board | 988 |
or agency that issued an offender a professional
license or a | 989 |
license or permit to do business
in this state and that specifies | 990 |
that the offender has been
convicted of or pleaded guilty to an | 991 |
offense that may violate the
conditions under which the offender's | 992 |
professional license or
license or permit to do business in this | 993 |
state was granted or an offense
for which the offender's | 994 |
professional license or license or permit to do
business in this | 995 |
state may be revoked or suspended. | 996 |
(X) "Major drug offender" means an
offender who is convicted | 997 |
of or pleads guilty to the possession
of, sale of, or offer to | 998 |
sell any drug, compound, mixture,
preparation, or substance that | 999 |
consists of or contains at least
one thousand grams of hashish; at | 1000 |
least one hundred
grams of crack cocaine; at least one thousand | 1001 |
grams of cocaine that is not
crack cocaine; at least two thousand | 1002 |
five hundred unit doses or two
hundred fifty grams of
heroin; at | 1003 |
least five thousand unit doses of
L.S.D. or five hundred grams of | 1004 |
L.S.D. in a
liquid concentrate, liquid extract, or liquid | 1005 |
distillate form; or at least
one hundred times the
amount of any | 1006 |
other schedule I or II controlled
substance other than marihuana | 1007 |
that is necessary to commit a
felony of the third degree pursuant | 1008 |
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised | 1009 |
Code
that is based on the possession of, sale of, or offer to sell | 1010 |
the
controlled substance. | 1011 |
(1) Subject to division (Y)(2) of this section,
the term in | 1013 |
prison that must be imposed for the offenses or
circumstances set | 1014 |
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section | 1015 |
2929.13 and
division (D) of section 2929.14 of the
Revised Code. | 1016 |
Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, | 1017 |
and
2925.11 of the
Revised Code, unless the maximum or another | 1018 |
specific term is required under section 2929.14 of the
Revised | 1019 |
Code, a mandatory prison term described in this division may be | 1020 |
any prison term authorized for the level of offense. | 1021 |
(1) The person has been convicted of or has pleaded
guilty | 1058 |
to, and is being sentenced for committing, for
complicity in | 1059 |
committing, or for an attempt to commit, aggravated murder, | 1060 |
murder, involuntary manslaughter, a felony of the first degree | 1061 |
other than one set forth in Chapter 2925. of the Revised
Code, a | 1062 |
felony of the first degree set forth in Chapter
2925. of the | 1063 |
Revised Code that involved an attempt
to cause serious physical | 1064 |
harm to a person or that resulted in serious
physical harm to a | 1065 |
person, or a
felony of the second degree that involved an attempt | 1066 |
to cause serious physical
harm to a person
or that resulted in | 1067 |
serious physical harm to a person. | 1068 |
(GG) "Stated prison term" means the
prison term, mandatory | 1097 |
prison term, or combination of all
prison terms and mandatory | 1098 |
prison terms imposed by the
sentencing court pursuant to section | 1099 |
2929.14 or 2971.03 of the
Revised Code. "Stated prison term" | 1100 |
includes any credit received by the offender for time spent in | 1101 |
jail awaiting trial, sentencing, or transfer to prison for the | 1102 |
offense and any time spent under house arrest or
house arrest
with | 1103 |
electronic monitoring imposed after
earning credits pursuant to | 1104 |
section 2967.193 of the Revised Code. | 1105 |
(JJ) "Mandatory term of local
incarceration" means the term | 1114 |
of sixty or one hundred twenty days in a jail, a
community-based | 1115 |
correctional facility, a halfway house, or an alternative | 1116 |
residential facility that a sentencing court may impose upon a | 1117 |
person who is convicted of or pleads guilty to a fourth degree | 1118 |
felony
OVI offense pursuant to division (G)(1) of section
2929.13 | 1119 |
of the Revised Code and division
(G)(1)(d) or
(e)
of section
| 1120 |
4511.19 of
the
Revised Code. | 1121 |
(a) The device has a transmitter that can be attached to a | 1161 |
person, that will transmit a specified signal to a receiver of the | 1162 |
type described in division (VV)(1)(b) of this section if the | 1163 |
transmitter is removed from the person, turned off, or altered in | 1164 |
any manner without prior court approval in relation to electronic | 1165 |
monitoring or without prior approval of the department of | 1166 |
rehabilitation and correction in relation to the use of an | 1167 |
electronic monitoring device for an inmate on transitional control | 1168 |
or otherwise is tampered with, that can transmit continuously and | 1169 |
periodically a signal to that receiver when the person is within a | 1170 |
specified distance from the receiver, and that can transmit an | 1171 |
appropriate signal to that receiver if the person to whom it is | 1172 |
attached travels a specified distance from that receiver. | 1173 |
(b) The device includes a transmitter and receiver that can | 1195 |
determine at any time, or at a designated point in time, through | 1196 |
the use of a central monitoring computer or other electronic means | 1197 |
the fact that the transmitter is turned off or altered in any | 1198 |
manner without prior approval of the court in relation to the | 1199 |
electronic monitoring or without prior approval of the department | 1200 |
of rehabilitation and correction in relation to the use of an | 1201 |
electronic monitoring device for an inmate on transitional control | 1202 |
or otherwise is tampered with. | 1203 |
(WW) "Non-economic loss" means nonpecuniary harm suffered by | 1209 |
a victim of an offense as a result of or related to the commission | 1210 |
of the offense, including, but not limited to, pain and suffering; | 1211 |
loss of society, consortium, companionship, care, assistance, | 1212 |
attention, protection, advice, guidance, counsel, instruction, | 1213 |
training, or education; mental anguish; and any other intangible | 1214 |
loss. | 1215 |
(ZZ) A person is "adjudicated a sexually violent predator" if | 1222 |
the person is convicted of or pleads guilty to a violent sex | 1223 |
offense and also is convicted of or pleads guilty to a sexually | 1224 |
violent predator specification that was included in the | 1225 |
indictment, count in the indictment, or information charging that | 1226 |
violent sex offense or if the person is convicted of or pleads | 1227 |
guilty to a designated homicide, assault, or kidnapping offense | 1228 |
and also is convicted of or pleads guilty to both a sexual | 1229 |
motivation specification and a sexually violent predator | 1230 |
specification that were included in the indictment, count in the | 1231 |
indictment, or information charging that designated homicide, | 1232 |
assault, or kidnapping offense. | 1233 |
(B)(1) The director of rehabilitation and correction, by | 1294 |
rules adopted under Chapter 119. of the Revised Code, shall | 1295 |
establish a pilot program of shock incarceration that may be used | 1296 |
for
offenders who are sentenced to serve a term of
imprisonment | 1297 |
under the custody of the department of
rehabilitation
and | 1298 |
correction, whom the department determines to be eligible | 1299 |
offenders, and whom the department, subject to
the approval of the | 1300 |
sentencing judge, may permit
to serve their sentence as a sentence | 1301 |
of shock incarceration in
accordance with this section. | 1302 |
(a) A period of imprisonment at that institution of ninety | 1310 |
days that shall consist of a military style combination of | 1311 |
discipline, physical training, and hard labor and substance abuse | 1312 |
education, employment skills training, social skills training,
and | 1313 |
psychological treatment. During the ninety-day period, the | 1314 |
department may permit an eligible offender to participate in a | 1315 |
self-help program. Additionally, during the ninety-day period,
an | 1316 |
eligible offender who holds a high school diploma or a
certificate | 1317 |
of high school equivalence may be permitted to tutor
other | 1318 |
eligible offenders in the shock incarceration program. If
an | 1319 |
eligible offender does not hold a high school diploma or | 1320 |
certificate of high school equivalence, the eligible offender may | 1321 |
elect to
participate in an education program that is designed to | 1322 |
award a
certificate of adult basic education or an education | 1323 |
program that
is designed to award a certificate of high school | 1324 |
equivalence to
those eligible offenders who successfully complete | 1325 |
the education
program, whether the completion occurs during or | 1326 |
subsequent to
the ninety-day period. To the extent possible, the | 1327 |
department
shall use as teachers in the education program persons | 1328 |
who have
been issued a license pursuant to sections 3319.22 to | 1329 |
3319.31
of the Revised Code, who have volunteered their services | 1330 |
to the
education program, and who satisfy any other criteria | 1331 |
specified
in the rules for the pilot project. | 1332 |
(i) An intermediate, transitional type of detention
for the | 1338 |
period of time determined by the director
and, immediately | 1339 |
following the intermediate, transitional
type of detention, a | 1340 |
release under a post-release control
sanction imposed in | 1341 |
accordance with section 2967.28 of the
Revised
Code. The period
of | 1342 |
intermediate, transitional type of detention imposed by the | 1343 |
director under this division may be in a halfway house, in a | 1344 |
community-based correctional facility and program or district | 1345 |
community-based correctional facility and program established | 1346 |
under sections 2301.51 to 2301.562301.58 of the Revised Code, or | 1347 |
in any
other facility approved by the director that provides for | 1348 |
detention to serve as a transition between imprisonment in a
state | 1349 |
correctional institution and release from imprisonment. | 1350 |
(C)(1) If
an offender is sentenced to a term of
imprisonment | 1374 |
under the custody of the department,
if the
sentencing
court | 1375 |
either recommends the offender for placement in a
program of shock | 1376 |
incarceration
under this section or makes no
recommendation on | 1377 |
placement of the
offender,
and if the department
determines that | 1378 |
the offender is an eligible offender for placement
in a program of | 1379 |
shock incarceration under this section, the
department may permit | 1380 |
the eligible offender to serve the
sentence
in a program of shock | 1381 |
incarceration, in
accordance with division
(K) of section 2929.14 | 1382 |
of the Revised Code,
with this section,
and
with the rules adopted | 1383 |
under this section.
If the sentencing court
disapproves placement | 1384 |
of the offender in a program of shock
incarceration, the | 1385 |
department shall not place the offender in any
program of shock | 1386 |
incarceration. | 1387 |
If the sentencing court does not make a recommendation on the | 1400 |
placement of
an
offender in a program of shock
incarceration
and | 1401 |
if the department determines that the offender
is an eligible | 1402 |
offender for placement in a program of that nature,
the department | 1403 |
shall
screen the offender and determine if the
offender is suited | 1404 |
for the program of
shock incarceration. If the
offender is suited | 1405 |
for the program of shock
incarceration, at
least three weeks prior | 1406 |
to
permitting an eligible
offender to
serve the sentence in a | 1407 |
program of
shock incarceration, the
department shall notify the | 1408 |
sentencing
court of
the proposed
placement of the offender in the | 1409 |
program and
shall include with
the notice a brief description of | 1410 |
the placement. The court
shall
have ten days from receipt of the | 1411 |
notice to disapprove the
placement. If the sentencing court | 1412 |
disapproves of the placement,
the department shall not permit
the | 1413 |
eligible offender to
serve the
sentence in a program of shock | 1414 |
incarceration.
If the judge does
not timely
disapprove of | 1415 |
placement of the offender in the program
of shock
incarceration, | 1416 |
the department
may proceed with plans for
placement of the | 1417 |
offender. | 1418 |
(2) If the department permits an eligible offender to
serve | 1423 |
the eligible offender's sentence of imprisonment as a sentence
of | 1424 |
shock incarceration and the eligible offender does not | 1425 |
satisfactorily
complete the entire period of imprisonment | 1426 |
described in division
(B)(2)(a) of this section, the offender | 1427 |
shall be removed from the pilot
program for shock incarceration | 1428 |
and shall be required to serve the remainder
of the offender's | 1429 |
sentence of imprisonment imposed by the sentencing
court
as a | 1430 |
regular term of imprisonment. If the eligible offender
commences
a | 1431 |
period of post-release control
described in division
(B)(2)(b)
of | 1432 |
this section and violates the conditions of
that post-release | 1433 |
control, the eligible offender shall be
subject to the provisions | 1434 |
of
sections
2929.141, 2967.15, and 2967.28 of the
Revised Code | 1435 |
regarding
violation of post-release control sanctions. | 1436 |
(E) Within a reasonable period of time after November
20, | 1450 |
1990, the
director shall appoint a committee to
search for one or | 1451 |
more suitable sites at which one or more
programs of shock | 1452 |
incarceration, in addition to the pilot program
required by | 1453 |
division (B)(1) of this section, may be established. The search | 1454 |
committee shall consist of the director or the director's | 1455 |
designee, as chairperson; employees of the department
of | 1456 |
rehabilitation and correction appointed by the director; and any | 1457 |
other persons that the director, in the director's discretion, | 1458 |
appoints. In
searching for such sites, the search committee shall | 1459 |
give
preference to any site owned by the state or any other | 1460 |
governmental entity and to any existing structure that reasonably | 1461 |
could be renovated, enlarged, converted, or remodeled for
purposes | 1462 |
of establishing such a program. The search committee
shall
prepare | 1463 |
a report concerning its activities and, on the
earlier of
the day | 1464 |
that is twelve months after the first day on
which an
eligible | 1465 |
offender began serving a sentence of shock
incarceration
under the | 1466 |
pilot program or January 1, 1992, shall
file the report
with the | 1467 |
president and the minority leader of the
senate, the
speaker and | 1468 |
the minority leader of the house of
representatives,
the members | 1469 |
of the senate who were members of
the senate judiciary
committee | 1470 |
in the 118th general assembly or
their successors, and
the members | 1471 |
of the house of representatives
who were members of
the select | 1472 |
committee to hear drug legislation
that was established
in the | 1473 |
118th general assembly or their
successors. Upon the
filing of the | 1474 |
report, the search committee
shall terminate. The
report required | 1475 |
by this division shall
contain all of the
following: | 1476 |
(F) The director periodically shall review the pilot
program | 1487 |
for shock incarceration required to be established by
division | 1488 |
(B)(1) of this section. The director shall prepare a
report | 1489 |
relative to the pilot program and, on the earlier of the
day that | 1490 |
is twelve months after the first day on which an
eligible offender | 1491 |
began serving a sentence of shock incarceration
under the pilot | 1492 |
program or January 1, 1992, shall file the report
with the | 1493 |
president and the minority leader of the senate, the
speaker and | 1494 |
the minority leader of the house of representatives,
the members | 1495 |
of the senate who were members of the senate
judiciary committee | 1496 |
in the 118th general assembly or their
successors, and the members | 1497 |
of the house of representatives who
were members of the select | 1498 |
committee to hear drug legislation
that was established in the | 1499 |
118th general assembly or their
successors. The pilot program | 1500 |
shall not terminate at the time of
the filing of the report, but | 1501 |
shall continue in operation in
accordance with this section. The | 1502 |
report required by this
division shall include all of the | 1503 |
following: | 1504 |
(5) A summary of the characteristics of the eligible | 1522 |
offenders who were permitted to serve their sentence of | 1523 |
imprisonment as a sentence of shock incarceration, which summary | 1524 |
shall include, but not be limited to, a listing of every offense | 1525 |
of which any such eligible offender was convicted or to which any | 1526 |
such eligible offender pleaded guilty and in relation to which the | 1527 |
eligible offender
served a sentence of shock incarceration, and | 1528 |
the total number of
such eligible offenders who were convicted of | 1529 |
or pleaded guilty
to each such offense; | 1530 |
(E)(D) Adopt rules, under Chapter 119. of the Revised Code, | 1577 |
that prescribe the standards of operation and the training and | 1578 |
qualifications of persons who staff and operatefor the facilities | 1579 |
and programs and that must be satisfied for the facilities and | 1580 |
programs to be eligible for state financial assistance. The | 1581 |
standards prescribed shall include, but shall not be limited to, | 1582 |
the minimum requirements that each proposal submitted for
approval | 1583 |
to the
division of parole and community services, as contained in | 1584 |
section 2301.52 of
the Revised Code, must satisfy for approval.; | 1585 |
Sec. 5120.112. (A) The division of parole and community | 1593 |
services shall accept applications for state financial assistance | 1594 |
for the renovation, maintenance, and operation of proposed and | 1595 |
approved community-based correctional facilities and programs and | 1596 |
district community-based correctional facilities and programs
that | 1597 |
are filed in accordance with section 2301.56 of the Revised
Code. | 1598 |
The division, upon receipt of an application for a
particular | 1599 |
facility and program, shall determine whether the
application is | 1600 |
in proper form, whether the applicant satisfies
the standards of | 1601 |
operation and training and qualifications of
personnel that are | 1602 |
prescribed by the department of rehabilitation
and correction | 1603 |
under section 5120.111 of the Revised Code,
whether the applicant | 1604 |
has established the facility and program,
and, if the applicant | 1605 |
has not at that time established the
facility and program, whether | 1606 |
the proposal of the applicant
sufficiently indicates that the | 1607 |
standards will be satisfied upon
the establishment of the facility | 1608 |
and program. If the division
determines that the application is in | 1609 |
proper form and that the
applicant has satisfied or will satisfy | 1610 |
the standards of the
department, the division shall notify the | 1611 |
applicant that it is
qualified to receive state financial | 1612 |
assistance for the facility
and program under this section from | 1613 |
moneys made available to the
division for purposes of providing | 1614 |
assistance to community-based
correctional facilities and programs | 1615 |
and district community-based
correctional facilities and programs. | 1616 |
(B) The amount of state financial assistance that is
granted | 1617 |
awarded to a qualified applicant under this section shall be | 1618 |
determined by the division of parole and community services in | 1619 |
accordance with this division. The division shall adopt a
formula | 1620 |
to determine the allocation of state financial assistance
to | 1621 |
qualified applicants. The formula shall provide for funding
that | 1622 |
is based upon a set fee to be paid to an applicant per
person | 1623 |
committed or referred in the year of application. In no
case shall | 1624 |
the set feeIn determining the amount of state financial | 1625 |
assistance to be awarded to a qualified applicant under this | 1626 |
section, the division shall not calculate the cost of an offender | 1627 |
incarcerated in a community-based correctional facility and | 1628 |
program or district community-based correctional facility program | 1629 |
to be greater than the average yearly cost of
incarceration per | 1630 |
inmate in all state correctional institutions,
as defined in | 1631 |
section 2967.01 of the Revised Code, as determined
by the | 1632 |
department of rehabilitation and correction. | 1633 |
(C) Upon approval of a proposal for a community-based | 1638 |
correctional facility and program or a district community-based | 1639 |
correctional facility and program by the division of parole and | 1640 |
community services, the facility governing board, upon the advice | 1641 |
of the judicial advisory board, shall enter into an award | 1642 |
agreement with the department of rehabilitation and correction | 1643 |
that outlines terms and conditions of the agreement on an annual | 1644 |
basis. In the award agreement, the facility governing board shall | 1645 |
identify a fiscal agent responsible for the deposit of funds and | 1646 |
compliance with sections 2301.55 and 2301.56 of the Revised Code. | 1647 |
(D) No state financial assistance shall be distributed to
a | 1648 |
qualified applicant until an agreement concerning the
assistance | 1649 |
has been entered into by the director of
rehabilitation and | 1650 |
correction and the deputy director of the
division of parole and | 1651 |
community services on the part
of the state, and by the chairman | 1652 |
chairperson of the judicial
correctionsfacility governing board | 1653 |
of the community-based correctional facility and program or | 1654 |
district community-based correctional facility and program to | 1655 |
receive the financial assistance, whichever is applicable. The | 1656 |
agreement shall be effective for a period of one year from the | 1657 |
date of the agreement and shall specify all terms and conditions | 1658 |
that are applicable to the grantingawarding of the assistance, | 1659 |
including,
but not limited to: | 1660 |
(3) A statement that none of the persons who will staff
and | 1670 |
operate the facility and program, including those who are | 1671 |
receiving some or all of their salaries out of funds received by | 1672 |
the facility and program as state financial assistance, are | 1673 |
employees or are to be considered as being employees of the | 1674 |
department of rehabilitation and correction, and a statement that | 1675 |
the employees who will staff and operate that facility and
program | 1676 |
are employees of the facility and program; | 1677 |
(4) A list of the type of expenses, other than salaries of | 1678 |
persons who will staff and operate the facility and program, for | 1679 |
which the state financial assistance can be used, and a | 1680 |
requirement that purchases made with funds received as state | 1681 |
financial assistance be made through the use of competitive | 1682 |
biddingfollow established fiscal guidelines as determined by the | 1683 |
division of parole and community services and any applicable | 1684 |
sections of the Revised Code; | 1685 |
Sec. 5149.34. (A)(1) If a county desires to receive a | 1715 |
subsidy from a subsidy program established under division (A)
of | 1716 |
section 5149.31 of the Revised Code for
community corrections | 1717 |
programs as described in division
(B)
of that section,
the board | 1718 |
of county
commissioners of the county
shall
establish, by a | 1719 |
resolution as described in this division, and
maintain a local | 1720 |
corrections planning board that, except as
provided in division | 1721 |
(A)(2) of this section, shall
include an
administrator of a | 1722 |
county, multicounty, municipal,
municipal-county, or | 1723 |
multicounty-municipal jail or workhouse
located in the county, a | 1724 |
county commissioner of that county, a
judge of the court of common | 1725 |
pleas of that county, a judge of a municipal
court or county court | 1726 |
of that county, an attorney
whose practice of law primarily | 1727 |
involves the representation of
criminal defendants, the chief law | 1728 |
enforcement officer of the
largest municipal corporation located | 1729 |
in the county, the county
sheriff, one or more prosecutors, as | 1730 |
defined in section 2935.01
of the Revised Code, one or more | 1731 |
representatives of the public,
one
of whom shall be a victim of | 1732 |
crime, one or more additional representatives
of the law | 1733 |
enforcement
community, one or more additional representatives of | 1734 |
the
judiciary, one or more additional representatives of the field | 1735 |
of
corrections, and officials from the largest municipal | 1736 |
corporation
located in the county. A majority of the members of | 1737 |
the board
shall be employed in the adult criminal justice field. | 1738 |
At least two
members of the
board shall be members of
the largest | 1739 |
racial minority population, if any, in the county,
and at least | 1740 |
two other members of the board shall be women. The
resolution | 1741 |
shall state the number and nature of the members, the
duration of | 1742 |
their terms, the manner of filling vacancies on the
board, and the | 1743 |
compensation, if any, that members are to receive. The
board of | 1744 |
county commissioners also may specify, as part of the resolution, | 1745 |
any
other duties the local corrections planning board is to | 1746 |
assume. | 1747 |
(2) If, for good cause shown, including, but not limited
to, | 1748 |
the refusal of a specified individual to serve on a local | 1749 |
corrections planning board, a particular county is not able to | 1750 |
satisfy the requirements specified in division (A)(1) of this | 1751 |
section for the composition of such a board, the director of | 1752 |
rehabilitation and correction may waive the requirements to the | 1753 |
extent necessary and approve a composition for the board that | 1754 |
otherwise is consistent with the requirements. | 1755 |
(B) Each local corrections planning board established | 1756 |
pursuant to division (A) of this section shall adopt
within | 1757 |
eighteen months after its establishment, and from time to
time | 1758 |
shall revise, a comprehensive plan for the development, | 1759 |
implementation, and operation of corrections services in the | 1760 |
county. The plan shall be adopted and revised after
consideration | 1761 |
has been given to the impact that it will have or
has had on the | 1762 |
populations of state correctional
institutions and county, | 1763 |
multicounty, municipal,
municipal-county, or multicounty-municipal | 1764 |
jails or workhouses in
the county, and shall be designed to unify | 1765 |
or coordinate
corrections services in the county and to reduce the | 1766 |
number of
persons committed, consistent with the standards adopted | 1767 |
under
division (B) of section 5149.31 of the Revised Code, from | 1768 |
that
county to state correctional institutions and to county, | 1769 |
multicounty, municipal, municipal-county, or
multicounty-municipal | 1770 |
jails or workhouses. The plan and any
revisions to the plan shall | 1771 |
be submitted to the board of county
commissioners of the county in | 1772 |
which the local corrections
planning board is located for | 1773 |
approval. | 1774 |
If a county has a community-based correctional facility and | 1775 |
program established in accordance with sections 2301.51 to
2301.56 | 1776 |
2301.58 of the Revised Code, the budgets of the facility and | 1777 |
program shall not be subject to approval by the local corrections | 1778 |
planning board, but instead shall continue to be determined in | 1779 |
accordance with those sections. However, the local corrections | 1780 |
planning board shall include the facility and program as part of | 1781 |
the comprehensive plan adopted and revised pursuant to this | 1782 |
division. | 1783 |
Section 3. The amendment of sections 2301.51, 2301.52, | 1788 |
2301.55, 2301.56, and 2301.57, the repeal of sections 2301.53, | 1789 |
2301.54, and 2301.58, and the enactment of new section 2301.58 of | 1790 |
the Revised Code by this act does not change the status of any | 1791 |
officer or employee of a community-based correctional facility and | 1792 |
program or district community-based correctional facility and | 1793 |
program in the public employees retirement system. It is the | 1794 |
intent of the General Assembly in amending sections 2301.51, | 1795 |
2301.52, 2301.55, 2301.56, and 2301.57, repealing sections | 1796 |
2301.53, 2301.54, and 2301.58, and enacting new section 2301.58 of | 1797 |
the Revised Code to ensure membership in the public employees | 1798 |
retirement system for officers and employees of publicly operated | 1799 |
community-based correctional facilities and programs and district | 1800 |
community-based correctional facilities and programs and not to | 1801 |
add to the category of employees eligible for membership in the | 1802 |
public employees retirement system. | 1803 |
Section 4. Section 2301.56 of the Revised Code is presented | 1804 |
in
this act as a composite of the section as amended by both Am. | 1805 |
Sub. H.B. 490 and Sub. H.B. 510 of
the 124th General Assembly. | 1806 |
Section 2929.01 of the Revised Code is presented in
this act as a | 1807 |
composite of the section as amended by both Sub. H.B. 52 and Am. | 1808 |
Sub. H.B. 163 of
the 125th General Assembly. The General Assembly, | 1809 |
applying the
principle stated in division (B) of section 1.52 of | 1810 |
the Revised
Code that amendments are to be harmonized if | 1811 |
reasonably capable of
simultaneous operation, finds that the | 1812 |
composites are the resulting
versions of the sections in effect | 1813 |
prior to the effective date of
the sections as presented in this | 1814 |
act. | 1815 |