As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 162

Representatives Peterson, Latta, D. Evans, Hughes, Seitz, Yuko, Bubp, Buehrer, Carano, Cassell, Collier, Core, DeBose, Domenick, C. Evans, Flowers, Gilb, Hartnett, Key, Martin, McGregor, Otterman, T. Patton, Raussen, Reidelbach, Seaver, G. Smith, Williams 

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, 5120.031, 5120.111, 5120.112,

3

and 5149.34, to enact new section 2301.58 and

4

section 2301.571, and to repeal sections 2301.53,

5

2301.54, and 2301.58 of the Revised Code to revise

6

the law governing community-based correctional

7

facilities and district community-based

8

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
5120.031, 5120.111, 5120.112, and 5149.34 be amended and new	12
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.	620

(3) Nothing in Chapters 102. and 2921. of the Revised Code	621
shall prohibit a board member of a nonprofit or private entity	622
with which a facility governing board contracts under division	623
(A)(1) of this section, who is not serving the facility and	624
program as director or in a substantially equivalent capacity to	625
director, from also being a shareholder, director, or employee of,	626
or otherwise from having a financial interest in, a nonprofit or	627
private entity that contracts under division (A)(1) of this	628
section or from being a shareholder, director, officer, or	629
employee of, or otherwise from having a financial interest in, a	630
private entity that contracts to sell goods or services to a	631
nonprofit or private entity that contracts under division (A)(1)	632
of this section.	633

(4) Nothing in Chapters 102. and 2921. of the Revised Code	634
shall prohibit an officer of a nonprofit or private entity with	635
which a facility governing board contracts under division (A)(1)	636
of this section from:	637

(a) Having an interest in the profits or benefits of the	638
contract awarded by a facility governing board under division	639
(A)(1) of this section;	640

(b) Participating in negotiations for the renewal or	641
extension of an existing contract awarded under division (A)(1) of	642
this section; or	643

(c) Negotiating a new contract on behalf of that entity with	644
a facility governing board under division (A)(1) of this section.	645

(5)(a) Nothing in this section shall be construed to mean	646
that a nonprofit or private entity with which a facility governing	647
board contracts under division (A)(1) of this section is a public	648
agency as defined in division (C) of section 102.01 of the Revised	649
Code, a public body as defined in division (B)(1) of section	650
121.22 of the Revised Code, a political subdivision, public	651
employer, or public office, or otherwise a public entity.	652

(b) Nothing in division (A)(5)(a) of this section shall be	653
construed to prohibit the auditor of state from conducting audits,	654
as provided in division (D)(1) of section 2301.56 of the Revised	655
Code, of a nonprofit or private entity performing the day-to-day	656
operation of a community-based correctional facility and program	657
or district community-based correctional facility and program	658
pursuant to a contract under division (A)(1) of this section.	659

(B) The judicial correctionsfacility governing board may	660
enter into contracts with the board of county commissioners of the	661
county in which the facility and program is located or, in the	662
case of a district facility and program, with the county	663
commissioners of any county included in the district, whereby the	664
county is to provide buildings, goods, and services to the	665
facility and program.	666

(3)(C) The judicial correctionsfacility governing board,	667
upon the advice of the judicial advisory board, shall adopt rules	668
for the sentencing or other commitment or admission pursuant to	669
law of persons to, and the operation of, the facility and program.	670
The rules shall provide procedures that conform to sections	671
2301.51 to 2301.562301.58, 5120.10, 5120.111, and 5120.112 of the	672
Revised Code. The rules adopted under this division shall be	673
entered upon the journal of the court of each member court of a	674
district.	675

(B)(D) A judicial correctionsfacility governing board that	676
establishes one or more community-based correctional facilities	677
and programs or district community-based correctional facilities	678
and programs may accept any gift, donation, devise, or bequest of	679
real or personal property made to it by any person, or any grant	680
or appropriation made to it by any federal, state, or local	681
governmental unit or agency, and use the gift, donation, devise,	682
bequest, grant, or appropriation in any manner that is consistent	683
with any conditions of the gift, donation, devise, bequest, grant,	684
or appropriation and that it considers to be in the interests of	685
the facility and program. The judicial correctionsfacility	686
governing board may sell, lease, convey, or otherwise transfer any	687
real or personal property that it accepts pursuant to this	688
division following the procedures specified in sections 307.09,	689
307.10, and 307.12 of the Revised Code.	690

(C) A judicial corrections board that establishes one or more	691
community-based correctional facilities and programs or district	692
community-based correctional facilities and programs shall provide	693
the citizens advisory board of the facilities and programs with	694
the staff assistance that the citizens advisory board requires to	695
perform the duties imposed by section 2301.54 of the Revised Code.	696

(E) A facility governing board of a community-based	697
correctional facility and program or district community-based	698
correctional facility and program may purchase liability insurance	699
to cover members of the facility governing board, the judicial	700
advisory board, and the community-based correctional facility	701
employees or district community-based correctional facility	702
employees when engaged in the performance of their duties.	703

(F)(1) A facility governing board of a community-based	704
correctional facility and program or district community-based	705
correctional facility and program may contract for legal services	706
for the facility governing board, the judicial advisory board, and	707
the community-based correctional facility employees or district	708
community-based correctional facility employees when engaged in	709
the performance of their duties. Except as otherwise provided in	710
division (F)(2) of this section, in the absence of a contract for	711
legal services, the prosecuting attorney of the county in which a	712
community-based correctional facility and program is located or	713
the prosecuting attorney of any county in which a district	714
community-based correctional facility and program is located shall	715
provide legal services to the facility governing board, the	716
judicial advisory board, and the community-based correctional	717
facility employees or district community-based correctional	718
facility employees when engaged in the performance of their	719
duties. The prosecuting attorney shall be reasonably reimbursed	720
for these legal services.	721

(2) Nothing in division (F)(1) of this section obligates a	722
prosecuting attorney to provide legal services to a nonprofit or	723
private entity that has entered into a contract with a facility	724
governing board to manage, operate, and control a community-based	725
correctional facility and program or a district community-based	726
correctional facility and program, or to provide legal services to	727
the employees of any such entity.	728

(G)(1) A facility governing board of a community-based	729
correctional facility and program or a district community-based	730
correctional facility and program may contract with a fiscal agent	731
that shall be responsible for the deposit of funds and compliance	732
with division (D)(1) of section 2301.56 of the Revised Code.	733
Except as otherwise provided in division (G)(2) of this section,	734
in the absence of a contract for a fiscal agent, the county	735
auditor of the county in which a community-based correctional	736
facility and program is located or the county auditor of any	737
county in which a district community-based correctional facility	738
and program is located shall provide fiscal services to the	739
facility governing board. The county auditor shall be reasonably	740
reimbursed for these fiscal services.	741

(2) Nothing in division (G)(1) of this section obligates a	742
county auditor to provide fiscal services to a nonprofit or	743
private entity that has entered into a contract with a facility	744
governing board to manage, operate, and control a community-based	745
correctional facility and program or a district community-based	746
correctional facility and program.	747

Sec. 2301.56.  (A) A judicial correctionsfacility governing	748
board that proposes or establishes one or more community-based	749
correctional facilities and programs or district community-based	750
correctional facilities and programs may apply to the division of	751
parole and community services of the department of rehabilitation	752
and correction for state financial assistance for the cost of	753
renovation, maintenance, and operation of any of the facilities	754
and programs. If the judicial correctionsfacility governing board	755
has proposed or established more than one facility and program and	756
if it desires state financial assistance for more than one of the	757
facilities and programs, the board shall submit a separate	758
application for each facility and program for which it desires the	759
financial assistance.	760

An application for state financial assistance under this	761
section may be made when the judicial correctionsfacility	762
governing board submits for the approval of the sectiondivision	763
of parole and community services its proposal for the	764
establishment of the facility and program in question to the	765
division of parole and community services under division (B) of	766
section 2301.51 of the Revised Code, or at any time after the	767
sectiondivision has approved the proposal. All applications for	768
state financial assistance for proposed or approved facilities and	769
programs shall be made on forms that are prescribed and furnished	770
by the department of rehabilitation and correction, and in	771
accordance with section 5120.112 of the Revised Code.	772

(B) The judicial correctionsfacility governing board may	773
submit a request for funding of some or all of its community-based	774
correctional facilities and programs or district community-based	775
correctional facilities and programs to the board of county	776
commissioners of the county, if the judicial correctionsfacility	777
governing board serves a community-based correctional facility and	778
program, or to the boards of county commissioners of all of the	779
member counties, if the judicial correctionsfacility governing	780
board serves a district community-based correctional facility and	781
program. The board or boards may appropriate, but are not required	782
to appropriate, a sum of money for funding all aspects of each	783
facility and program as outlined in sections 2301.51 to 2301.56	784
2301.58 of the Revised Code. The judicial correctionsfacility	785
governing board has no recourse against a board or boards of	786
county commissioners, either under Chapter 2731. of the Revised	787
Code, under its contempt power, or under any other authority, if	788
the board or boards of county commissioners do not appropriate	789
money for funding any facility orand program or if they	790
appropriate money for funding a facility and program in an amount	791
less than the total amount of the submitted request for funding.	792

(B)(C) Pursuant to section 2929.37 of the Revised Code, a	793
board of county commissioners may require a person who was	794
convicted of an offense and who is confined in a community-based	795
correctional facility or district community-based correctional	796
facility as provided in sections 2301.51 to 2301.562301.58 of the	797
Revised Code, to reimburse the county for its expenses incurred by	798
reason of the person's confinement.	799

(C) Notwithstanding any contrary provision in this section or	800
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	801
judicial corrections board may establish a policy that complies	802
with section 2929.38 of the Revised Code and that requires any	803
person who is not indigent and who is confined in the	804
community-based correctional facility or district community-based	805
correctional facility to pay a reception fee or a fee for any	806
medical treatment or service requested by and provided to that	807
person.	808

(D) If a person who has been convicted of or pleaded guilty	809
to an offense is confined in a community-based correctional	810
facility or district community-based correctional facility, at the	811
time of reception and at other times the person in charge of the	812
operation of the facility determines to be appropriate, the person	813
in charge of the operation of the facility may cause the convicted	814
offender to be examined and tested for tuberculosis, HIV	815
infection, hepatitis, including but not limited to hepatitis A, B,	816
and C, and other contagious diseases. The person in charge of the	817
operation of the facility may cause a convicted offender in the	818
facility who refuses to be tested or treated for tuberculosis, HIV	819
infection, hepatitis, including but not limited to hepatitis A, B,	820
and C, or another contagious disease to be tested and treated	821
involuntarily.	822

(E)(1) Community-based correctional facilities and programs	823
and district community-based correctional facilities and programs	824
are public offices under section 117.01 of the Revised Code and	825
are subject to audit under section 117.10 of the Revised Code. The	826
audits of the facilities and programs shall include financial	827
audits and, in addition, in the circumstances specified in this	828
division, performance audits by the auditor of state. If a private	829
or nonprofit entity performs the day-to-day operation of any	830
community-based correctional facility and program or district	831
community-based correctional facility and program, the private or	832
nonprofit entity also is subject to financial audits under section	833
117.10 of the Revised Code, and, in addition, in the circumstances	834
specified in this division, to performance audits by the auditor	835
of state. The auditor of state shall conduct the performance	836
audits of a facility and program and of an entity required under	837
section 117.10 of the Revised Code and this division and,	838
notwithstanding the time period for audits specified in section	839
117.11 of the Revised Code, shall conduct the financial audits of	840
a facility and program and of an entity required under section	841
117.10 of the Revised Code and this division, in accordance with	842
the following criteria:	843

(a) For each facility and program and each entity, the	844
auditor of state shall conduct the initial financial audit within	845
two years after the effective date of this amendmentMarch 31,	846
2003, or, if the facility and program in question is established	847
on or after the effective date of this amendmentMarch 31, 2003,	848
within two years after the date on which it is established.	849

(b) After the initial financial audit described in division	850
(E)(D)(1)(a) of this section, for each facility and program and	851
each entity, the auditor of state shall conduct the financial	852
audits of the facility and program or the entity at least once	853
every two fiscal years.	854

(c) At any time after the effective date of this amendment	855
March 31, 2003, regarding a facility and program or regarding an	856
entity that performs the day-to-day operation of a facility and	857
program, the department of rehabilitation and correction or the	858
judicial correctionsfacility governing board that established the	859
facility and program may request, or the auditor of state on its	860
own initiative may undertake, a performance audit of the facility	861
and program or the entity. Upon the receipt of the request, or	862
upon the auditor of state's own initiative as described in this	863
division, the auditor of state shall conduct a performance audit	864
of the facility and program or the entity.	865

(2) The department of rehabilitation and correction shall	866
prepare and provide to the auditor of state quarterly financial	867
reports for each community-based correctional facility and	868
program, for each district community-based correctional facility	869
and program, and, to the extent that information is available, for	870
each private or nonprofit entity that performs the day-to-day	871
operation of any community-based correctional facility and program	872
or district community-based correctional facility and program.	873
Each report shall cover a three-month period and shall be provided	874
to the auditor of state not later than fifteen days after the end	875
of the period covered by the report.	876

Sec. 2301.57.  (A) For each person who is confined in a	877
community-based correctional facility or district community-based	878
correctional facility as provided in sections 2301.51 to 2301.56	879
2301.58 of the Revised Code, the countyfacility may make a	880
determination as to whether the person is covered under a health	881
insurance or health care policy, contract, or plan and, if the	882
person has such coverage, what terms and conditions are imposed by	883
it for the filing and payment of claims.	884

(B) If, pursuant to division (A) of this section, it is	885
determined that the person is covered under a policy, contract, or	886
plan and, while that coverage is in force, the correctional	887
facility renders or arranges for the rendering of health care	888
services to the person in accordance with the terms and conditions	889
of the policy, contract, or plan, then the person, county	890
facility, or provider of the health care services, as appropriate	891
under the terms and conditions of the policy, contract, or plan,	892
shall promptly submit a claim for payment for the health care	893
services to the appropriate third-party payer and shall designate,	894
or make any other arrangement necessary to ensure, that payment of	895
any amount due on the claim be made to the countyfacility or	896
provider, as the case may be.	897

(C) Any payment made to the county pursuant to division (B)	898
of this section shall be paid into the treasury of the county that	899
incurred the expenses.	900

(D) This section also applies to any person who is under the	901
custody of a law enforcement officer, as defined in section	902
2901.01 of the Revised Code, prior to the person's confinement in	903
the correctional facility.	904

(D) Notwithstanding any contrary provision in this section or	905
section 2929.18, 2929.21, 2929.26, or 2929.37 of the Revised Code,	906
the facility governing board may establish a policy that complies	907
with section 2929.38 of the Revised Code and that requires any	908
person who is not indigent and who is confined in the	909
community-based correctional facility or district community-based	910
correctional facility to pay a reception fee.	911

(E) If a person who has been convicted of or pleaded guilty	912
to an offense is confined in a community-based correctional	913
facility or district community-based correctional facility, the	914
person in charge of the facility's operation may cause the	915
offender, at the time of reception and at other times the person	916
in charge of the operation of the facility determines to be	917
appropriate, to be examined and tested for tuberculosis, HIV	918
infection, hepatitis, including, but not limited to, hepatitis A,	919
B, and C, and other contagious diseases. The person in charge of	920
the facility's operation may cause an offender in the facility who	921
refuses to be tested or treated for tuberculosis, HIV infection,	922
hepatitis, including, but not limited to, hepatitis A, B, and C,	923
or another contagious disease to be tested and treated	924
involuntarily.	925

Sec. 2301.571.  (A) A person who has been convicted of or	926
pleaded guilty to an offense and who is confined in a	927
community-based correctional facility or district community-based	928
correctional facility, unless indigent, is financially responsible	929
for the payment of any medical expense or service requested by and	930
provided to that person.	931

(B) Notwithstanding any contrary provision of section 2929.38	932
of the Revised Code, the facility governing board of a	933
community-based correctional facility or district community-based	934
correctional facility shall establish a policy that requires any	935
person who is not indigent and who is confined in the correctional	936
facility to pay for any medical treatment or service requested by	937
and provided to that person. The fee for the medical treatment or	938
service shall not exceed the actual cost of the treatment or	939
service provided. No person confined in a community-based	940
correctional facility or district community-based correctional	941
facility shall be denied any necessary medical care because of	942
inability to pay for medical treatment or service.	943

(C) Any fee paid by a person under this section shall be	944
deducted from any medical or dental costs that the person is	945
ordered to reimburse under a financial sanction imposed pursuant	946
to section 2929.28 of the Revised Code or to repay under a policy	947
adopted under section 2929.37 of the Revised Code.	948

Sec. 2301.58.  (A) Upon approval of the facility governing	949
board, the director of the community-based correctional facility	950
or district community-based correctional facility may establish a	951
resident program fund. The director shall deposit in the fund all	952
revenues received by the facility from commissions on telephone	953
systems, commissary operations, reimbursable costs such as per	954
diem and medical services, and similar services. The money in the	955
fund shall only be used to pay for the costs of the following	956
expenses:	957

(1) The purchase of materials, supplies, and equipment used	958
in any library program, educational program, vocational program,	959
rehabilitative program, religious program, medical services	960
program, or recreational program operated by the facility for the	961
benefit of the residents;	962

(2) The construction, alteration, repair, or reconstruction	963
of a facility under the control of the facility governing board	964
for use in any library program, educational program, vocational	965
program, rehabilitative program, religious program, medical	966
services program, or recreational program operated by the facility	967
for the benefit of the residents;	968

(3) The payment of salaries, wages, and other compensation to	969
employees of the facility who are employed in any library program,	970
educational program, vocational program, rehabilitative program,	971
religious program, medical services program, or recreational	972
program operated by the facility for the benefit of the residents;	973

(4) The compensation of vendors that contract with the	974
facility for the provision of services for any library program,	975
educational program, vocational program, rehabilitative program,	976
religious program, medical services program, or recreational	977
program for the benefit of the residents;	978

(5) The purchase of other goods and the payment of other	979
services that are determined, at the discretion of the director,	980
to be goods and services that may provide additional benefit to	981
the residents;	982

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

983

(B) If a commissary is established by the community-based	984
correctional facility or the district community-based correctional	985
facility, all persons confined in the facility shall receive	986
commissary privileges, and the commissary shall provide for the	987
distribution of necessary hygiene articles and writing materials	988
to indigent residents.	989

(C) The director shall establish rules, to be approved by the	990
facility governing board, for the operation of the resident	991
program fund that follow guidelines established by the auditor of	992
state.	993

Sec. 2744.01.  As used in this chapter:

994

(A) "Emergency call" means a call to duty, including, but not	995
limited to, communications from citizens, police dispatches, and	996
personal observations by peace officers of inherently dangerous	997
situations that demand an immediate response on the part of a	998
peace officer.	999

(B) "Employee" means an officer, agent, employee, or servant,	1000
whether or not compensated or full-time or part-time, who is	1001
authorized to act and is acting within the scope of the officer's,	1002
agent's, employee's, or servant's employment for a political	1003
subdivision. "Employee" does not include an independent contractor	1004
and does not include any individual engaged by a school district	1005
pursuant to section 3319.301 of the Revised Code. "Employee"	1006
includes any elected or appointed official of a political	1007
subdivision. "Employee" also includes a person who has been	1008
convicted of or pleaded guilty to a criminal offense and who has	1009
been sentenced to perform community service work in a political	1010
subdivision whether pursuant to section 2951.02 of the Revised	1011
Code or otherwise, and a child who is found to be a delinquent	1012
child and who is ordered by a juvenile court pursuant to section	1013
2152.19 or 2152.20 of the Revised Code to perform community	1014
service or community work in a political subdivision.	1015

(C)(1) "Governmental function" means a function of a	1016
political subdivision that is specified in division (C)(2) of this	1017
section or that satisfies any of the following:	1018

(a) A function that is imposed upon the state as an	1019
obligation of sovereignty and that is performed by a political	1020
subdivision voluntarily or pursuant to legislative requirement;	1021

(b) A function that is for the common good of all citizens of	1022
the state;	1023

(c) A function that promotes or preserves the public peace,	1024
health, safety, or welfare; that involves activities that are not	1025
engaged in or not customarily engaged in by nongovernmental	1026
persons; and that is not specified in division (G)(2) of this	1027
section as a proprietary function.	1028

(2) A "governmental function" includes, but is not limited	1029
to, the following:	1030

(a) The provision or nonprovision of police, fire, emergency	1031
medical, ambulance, and rescue services or protection;	1032

(b) The power to preserve the peace; to prevent and suppress	1033
riots, disturbances, and disorderly assemblages; to prevent,	1034
mitigate, and clean up releases of oil and hazardous and extremely	1035
hazardous substances as defined in section 3750.01 of the Revised	1036
Code; and to protect persons and property;	1037

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

1038

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

1039

(e) The regulation of the use of, and the maintenance and	1040
repair of, roads, highways, streets, avenues, alleys, sidewalks,	1041
bridges, aqueducts, viaducts, and public grounds;	1042

(f) Judicial, quasi-judicial, prosecutorial, legislative, and	1043
quasi-legislative functions;	1044

(g) The construction, reconstruction, repair, renovation,	1045
maintenance, and operation of buildings that are used in	1046
connection with the performance of a governmental function,	1047
including, but not limited to, office buildings and courthouses;	1048

(h) The design, construction, reconstruction, renovation,	1049
repair, maintenance, and operation of jails, places of juvenile	1050
detention, workhouses, or any other detention facility, as defined	1051
in section 2921.01 of the Revised Code;	1052

(i) The enforcement or nonperformance of any law;

1053

(j) The regulation of traffic, and the erection or	1054
nonerection of traffic signs, signals, or control devices;	1055

(k) The collection and disposal of solid wastes, as defined	1056
in section 3734.01 of the Revised Code, including, but not limited	1057
to, the operation of solid waste disposal facilities, as	1058
"facilities" is defined in that section, and the collection and	1059
management of hazardous waste generated by households. As used in	1060
division (C)(2)(k) of this section, "hazardous waste generated by	1061
households" means solid waste originally generated by individual	1062
households that is listed specifically as hazardous waste in or	1063
exhibits one or more characteristics of hazardous waste as defined	1064
by rules adopted under section 3734.12 of the Revised Code, but	1065
that is excluded from regulation as a hazardous waste by those	1066
rules.	1067

(l) The provision or nonprovision, planning or design,	1068
construction, or reconstruction of a public improvement,	1069
including, but not limited to, a sewer system;	1070

(m) The operation of a job and family services department or	1071
agency, including, but not limited to, the provision of assistance	1072
to aged and infirm persons and to persons who are indigent;	1073

(n) The operation of a health board, department, or agency,	1074
including, but not limited to, any statutorily required or	1075
permissive program for the provision of immunizations or other	1076
inoculations to all or some members of the public, provided that a	1077
"governmental function" does not include the supply, manufacture,	1078
distribution, or development of any drug or vaccine employed in	1079
any such immunization or inoculation program by any supplier,	1080
manufacturer, distributor, or developer of the drug or vaccine;	1081

(o) The operation of mental health facilities, mental	1082
retardation or developmental disabilities facilities, alcohol	1083
treatment and control centers, and children's homes or agencies;	1084

(p) The provision or nonprovision of inspection services of	1085
all types, including, but not limited to, inspections in	1086
connection with building, zoning, sanitation, fire, plumbing, and	1087
electrical codes, and the taking of actions in connection with	1088
those types of codes, including, but not limited to, the approval	1089
of plans for the construction of buildings or structures and the	1090
issuance or revocation of building permits or stop work orders in	1091
connection with buildings or structures;	1092

(q) Urban renewal projects and the elimination of slum	1093
conditions;	1094

(r) Flood control measures;

1095

(s) The design, construction, reconstruction, renovation,	1096
operation, care, repair, and maintenance of a township cemetery;	1097

(t) The issuance of revenue obligations under section 140.06	1098
of the Revised Code;	1099

(u) The design, construction, reconstruction, renovation,	1100
repair, maintenance, and operation of any school athletic	1101
facility, school auditorium, or gymnasium or any recreational area	1102
or facility, including, but not limited to, any of the following:	1103

(i) A park, playground, or playfield;

1104

(ii) An indoor recreational facility;

1105

(iii) A zoo or zoological park;

1106

(iv) A bath, swimming pool, pond, water park, wading pool,	1107
wave pool, water slide, or other type of aquatic facility;	1108

(v) A golf course;

1109

(vi) A bicycle motocross facility or other type of	1110
recreational area or facility in which bicycling, skating, skate	1111
boarding, or scooter riding is engaged;	1112

(vii) A rope course or climbing walls;

1113

(viii) An all-purpose vehicle facility in which all-purpose	1114
vehicles, as defined in section 4519.01 of the Revised Code, are	1115
contained, maintained, or operated for recreational activities.	1116

(v) The provision of public defender services by a county or	1117
joint county public defender's office pursuant to Chapter 120. of	1118
the Revised Code;	1119

(w)(i) At any time before regulations prescribed pursuant to	1120
49 U.S.C.A 20153 become effective, the designation, establishment,	1121
design, construction, implementation, operation, repair, or	1122
maintenance of a public road rail crossing in a zone within a	1123
municipal corporation in which, by ordinance, the legislative	1124
authority of the municipal corporation regulates the sounding of	1125
locomotive horns, whistles, or bells;	1126

(ii) On and after the effective date of regulations	1127
prescribed pursuant to 49 U.S.C.A. 20153, the designation,	1128
establishment, design, construction, implementation, operation,	1129
repair, or maintenance of a public road rail crossing in such a	1130
zone or of a supplementary safety measure, as defined in 49	1131
U.S.C.A 20153, at or for a public road rail crossing, if and to	1132
the extent that the public road rail crossing is excepted,	1133
pursuant to subsection (c) of that section, from the requirement	1134
of the regulations prescribed under subsection (b) of that	1135
section.	1136

(x) A function that the general assembly mandates a political	1137
subdivision to perform.	1138

(D) "Law" means any provision of the constitution, statutes,	1139
or rules of the United States or of this state; provisions of	1140
charters, ordinances, resolutions, and rules of political	1141
subdivisions; and written policies adopted by boards of education.	1142
When used in connection with the "common law," this definition	1143
does not apply.	1144

(E) "Motor vehicle" has the same meaning as in section	1145
4511.01 of the Revised Code.	1146

(F) "Political subdivision" or "subdivision" means a	1147
municipal corporation, township, county, school district, or other	1148
body corporate and politic responsible for governmental activities	1149
in a geographic area smaller than that of the state. "Political	1150
subdivision" includes, but is not limited to, a county hospital	1151
commission appointed under section 339.14 of the Revised Code,	1152
board of hospital commissioners appointed for a municipal hospital	1153
under section 749.04 of the Revised Code, board of hospital	1154
trustees appointed for a municipal hospital under section 749.22	1155
of the Revised Code, regional planning commission created pursuant	1156
to section 713.21 of the Revised Code, county planning commission	1157
created pursuant to section 713.22 of the Revised Code, joint	1158
planning council created pursuant to section 713.231 of the	1159
Revised Code, interstate regional planning commission created	1160
pursuant to section 713.30 of the Revised Code, port authority	1161
created pursuant to section 4582.02 or 4582.26 of the Revised Code	1162
or in existence on December 16, 1964, regional council established	1163
by political subdivisions pursuant to Chapter 167. of the Revised	1164
Code, emergency planning district and joint emergency planning	1165
district designated under section 3750.03 of the Revised Code,	1166
joint emergency medical services district created pursuant to	1167
section 307.052 of the Revised Code, fire and ambulance district	1168
created pursuant to section 505.375 of the Revised Code, joint	1169
interstate emergency planning district established by an agreement	1170
entered into under that section, county solid waste management	1171
district and joint solid waste management district established	1172
under section 343.01 or 343.012 of the Revised Code, and community	1173
school established under Chapter 3314. of the Revised Code, the	1174
county or counties served by a community-based correctional	1175
facility and program or district community-based correctional	1176
facility and program established and operated under sections	1177
2301.51 to 2301.58 of the Revised Code, a community-based	1178
correctional facility and program or district community-based	1179
correctional facility and program that is so established and	1180
operated, and the facility governing board of a community-based	1181
correctional facility and program or district community-based	1182
correctional facility and program that is so established and	1183
operated.	1184

(G)(1) "Proprietary function" means a function of a political	1185
subdivision that is specified in division (G)(2) of this section	1186
or that satisfies both of the following:	1187

(a) The function is not one described in division (C)(1)(a)	1188
or (b) of this section and is not one specified in division (C)(2)	1189
of this section;	1190

(b) The function is one that promotes or preserves the public	1191
peace, health, safety, or welfare and that involves activities	1192
that are customarily engaged in by nongovernmental persons.	1193

(2) A "proprietary function" includes, but is not limited to,	1194
the following:	1195

(a) The operation of a hospital by one or more political	1196
subdivisions;	1197

(b) The design, construction, reconstruction, renovation,	1198
repair, maintenance, and operation of a public cemetery other than	1199
a township cemetery;	1200

(c) The establishment, maintenance, and operation of a	1201
utility, including, but not limited to, a light, gas, power, or	1202
heat plant, a railroad, a busline or other transit company, an	1203
airport, and a municipal corporation water supply system;	1204

(d) The maintenance, destruction, operation, and upkeep of a	1205
sewer system;	1206

(e) The operation and control of a public stadium,	1207
auditorium, civic or social center, exhibition hall, arts and	1208
crafts center, band or orchestra, or off-street parking facility.	1209

(H) "Public roads" means public roads, highways, streets,	1210
avenues, alleys, and bridges within a political subdivision.	1211
"Public roads" does not include berms, shoulders, rights-of-way,	1212
or traffic control devices unless the traffic control devices are	1213
mandated by the Ohio manual of uniform traffic control devices.	1214

(I) "State" means the state of Ohio, including, but not	1215
limited to, the general assembly, the supreme court, the offices	1216
of all elected state officers, and all departments, boards,	1217
offices, commissions, agencies, colleges and universities,	1218
institutions, and other instrumentalities of the state of Ohio.	1219
"State" does not include political subdivisions.	1220

Sec. 2929.01.  As used in this chapter:

1221

(A)(1) "Alternative residential facility" means, subject to	1222
division (A)(2) of this section, any facility other than an	1223
offender's home or residence in which an offender is assigned to	1224
live and that satisfies all of the following criteria:	1225

(a) It provides programs through which the offender may seek	1226
or maintain employment or may receive education, training,	1227
treatment, or habilitation.	1228

(b) It has received the appropriate license or certificate	1229
for any specialized education, training, treatment, habilitation,	1230
or other service that it provides from the government agency that	1231
is responsible for licensing or certifying that type of education,	1232
training, treatment, habilitation, or service.	1233

(2) "Alternative residential facility" does not include a	1234
community-based correctional facility, jail, halfway house, or	1235
prison.	1236

(B) "Bad time" means the time by which the parole board	1237
administratively extends an offender's stated prison term or terms	1238
pursuant to section 2967.11 of the Revised Code because the parole	1239
board finds by clear and convincing evidence that the offender,	1240
while serving the prison term or terms, committed an act that is a	1241
criminal offense under the law of this state or the United States,	1242
whether or not the offender is prosecuted for the commission of	1243
that act.	1244

(C) "Basic probation supervision" means a requirement that	1245
the offender maintain contact with a person appointed to supervise	1246
the offender in accordance with sanctions imposed by the court or	1247
imposed by the parole board pursuant to section 2967.28 of the	1248
Revised Code. "Basic probation supervision" includes basic parole	1249
supervision and basic post-release control supervision.	1250

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1251
"unit dose" have the same meanings as in section 2925.01 of the	1252
Revised Code.	1253

(E) "Community-based correctional facility" means a	1254
community-based correctional facility and program or district	1255
community-based correctional facility and program developed	1256
pursuant to sections 2301.51 to 2301.562301.58 of the Revised	1257
Code.	1258

(F) "Community control sanction" means a sanction that is not	1259
a prison term and that is described in section 2929.15, 2929.16,	1260
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1261
a jail term and that is described in section 2929.26, 2929.27, or	1262
2929.28 of the Revised Code. "Community control sanction" includes	1263
probation if the sentence involved was imposed for a felony that	1264
was committed prior to July 1, 1996, or if the sentence involved	1265
was imposed for a misdemeanor that was committed prior to January	1266
1, 2004.	1267

(G) "Controlled substance," "marihuana," "schedule I," and	1268
"schedule II" have the same meanings as in section 3719.01 of the	1269
Revised Code.	1270

(H) "Curfew" means a requirement that an offender during a	1271
specified period of time be at a designated place.	1272

(I) "Day reporting" means a sanction pursuant to which an	1273
offender is required each day to report to and leave a center or	1274
other approved reporting location at specified times in order to	1275
participate in work, education or training, treatment, and other	1276
approved programs at the center or outside the center.	1277

(J) "Deadly weapon" has the same meaning as in section	1278
2923.11 of the Revised Code.	1279

(K) "Drug and alcohol use monitoring" means a program under	1280
which an offender agrees to submit to random chemical analysis of	1281
the offender's blood, breath, or urine to determine whether the	1282
offender has ingested any alcohol or other drugs.	1283

(L) "Drug treatment program" means any program under which a	1284
person undergoes assessment and treatment designed to reduce or	1285
completely eliminate the person's physical or emotional reliance	1286
upon alcohol, another drug, or alcohol and another drug and under	1287
which the person may be required to receive assessment and	1288
treatment on an outpatient basis or may be required to reside at a	1289
facility other than the person's home or residence while	1290
undergoing assessment and treatment.	1291

(M) "Economic loss" means any economic detriment suffered by	1292
a victim as a direct and proximate result of the commission of an	1293
offense and includes any loss of income due to lost time at work	1294
because of any injury caused to the victim, and any property loss,	1295
medical cost, or funeral expense incurred as a result of the	1296
commission of the offense. "Economic loss" does not include	1297
non-economic loss or any punitive or exemplary damages.	1298

(N) "Education or training" includes study at, or in	1299
conjunction with a program offered by, a university, college, or	1300
technical college or vocational study and also includes the	1301
completion of primary school, secondary school, and literacy	1302
curricula or their equivalent.	1303

(O) "Firearm" has the same meaning as in section 2923.11 of	1304
the Revised Code.	1305

(P) "Halfway house" means a facility licensed by the division	1306
of parole and community services of the department of	1307
rehabilitation and correction pursuant to section 2967.14 of the	1308
Revised Code as a suitable facility for the care and treatment of	1309
adult offenders.	1310

(Q) "House arrest" means a period of confinement of an	1311
offender that is in the offender's home or in other premises	1312
specified by the sentencing court or by the parole board pursuant	1313
to section 2967.28 of the Revised Code and during which all of the	1314
following apply:	1315

(1) The offender is required to remain in the offender's home	1316
or other specified premises for the specified period of	1317
confinement, except for periods of time during which the offender	1318
is at the offender's place of employment or at other premises as	1319
authorized by the sentencing court or by the parole board.	1320

(2) The offender is required to report periodically to a	1321
person designated by the court or parole board.	1322

(3) The offender is subject to any other restrictions and	1323
requirements that may be imposed by the sentencing court or by the	1324
parole board.	1325

(R) "Intensive probation supervision" means a requirement	1326
that an offender maintain frequent contact with a person appointed	1327
by the court, or by the parole board pursuant to section 2967.28	1328
of the Revised Code, to supervise the offender while the offender	1329
is seeking or maintaining necessary employment and participating	1330
in training, education, and treatment programs as required in the	1331
court's or parole board's order. "Intensive probation supervision"	1332
includes intensive parole supervision and intensive post-release	1333
control supervision.	1334

(S) "Jail" means a jail, workhouse, minimum security jail, or	1335
other residential facility used for the confinement of alleged or	1336
convicted offenders that is operated by a political subdivision or	1337
a combination of political subdivisions of this state.	1338

(T) "Jail term" means the term in a jail that a sentencing	1339
court imposes or is authorized to impose pursuant to section	1340
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1341
provision of the Revised Code that authorizes a term in a jail for	1342
a misdemeanor conviction.	1343

(U) "Mandatory jail term" means the term in a jail that a	1344
sentencing court is required to impose pursuant to division (G) of	1345
section 1547.99 of the Revised Code, division (E) of section	1346
2903.06 or division (D) of section 2903.08 of the Revised Code,	1347
division (E) of section 2929.24 of the Revised Code, division (B)	1348
of section 4510.14 of the Revised Code, or division (G) of section	1349
4511.19 of the Revised Code or pursuant to any other provision of	1350
the Revised Code that requires a term in a jail for a misdemeanor	1351
conviction.	1352

(V) "Delinquent child" has the same meaning as in section	1353
2152.02 of the Revised Code.	1354

(W) "License violation report" means a report that is made by	1355
a sentencing court, or by the parole board pursuant to section	1356
2967.28 of the Revised Code, to the regulatory or licensing board	1357
or agency that issued an offender a professional license or a	1358
license or permit to do business in this state and that specifies	1359
that the offender has been convicted of or pleaded guilty to an	1360
offense that may violate the conditions under which the offender's	1361
professional license or license or permit to do business in this	1362
state was granted or an offense for which the offender's	1363
professional license or license or permit to do business in this	1364
state may be revoked or suspended.	1365

(X) "Major drug offender" means an offender who is convicted	1366
of or pleads guilty to the possession of, sale of, or offer to	1367
sell any drug, compound, mixture, preparation, or substance that	1368
consists of or contains at least one thousand grams of hashish; at	1369
least one hundred grams of crack cocaine; at least one thousand	1370
grams of cocaine that is not crack cocaine; at least two thousand	1371
five hundred unit doses or two hundred fifty grams of heroin; at	1372
least five thousand unit doses of L.S.D. or five hundred grams of	1373
L.S.D. in a liquid concentrate, liquid extract, or liquid	1374
distillate form; or at least one hundred times the amount of any	1375
other schedule I or II controlled substance other than marihuana	1376
that is necessary to commit a felony of the third degree pursuant	1377
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1378
Code that is based on the possession of, sale of, or offer to sell	1379
the controlled substance.	1380

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

1381

(1) Subject to division (Y)(2) of this section, the term in	1382
prison that must be imposed for the offenses or circumstances set	1383
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1384
2929.13 and division (D) of section 2929.14 of the Revised Code.	1385
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1386
and 2925.11 of the Revised Code, unless the maximum or another	1387
specific term is required under section 2929.14 of the Revised	1388
Code, a mandatory prison term described in this division may be	1389
any prison term authorized for the level of offense.	1390

(2) The term of sixty or one hundred twenty days in prison	1391
that a sentencing court is required to impose for a third or	1392
fourth degree felony OVI offense pursuant to division (G)(2) of	1393
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1394
of the Revised Code or the term of one, two, three, four, or five	1395
years in prison that a sentencing court is required to impose	1396
pursuant to division (G)(2) of section 2929.13 of the Revised	1397
Code.	1398

(3) The term in prison imposed pursuant to section 2971.03 of	1399
the Revised Code for the offenses and in the circumstances	1400
described in division (F)(11) of section 2929.13 of the Revised	1401
Code and that term as modified or terminated pursuant to section	1402
2971.05 of the Revised Code.	1403

(Z) "Monitored time" means a period of time during which an	1404
offender continues to be under the control of the sentencing court	1405
or parole board, subject to no conditions other than leading a	1406
law-abiding life.	1407

(AA) "Offender" means a person who, in this state, is	1408
convicted of or pleads guilty to a felony or a misdemeanor.	1409

(BB) "Prison" means a residential facility used for the	1410
confinement of convicted felony offenders that is under the	1411
control of the department of rehabilitation and correction but	1412
does not include a violation sanction center operated under	1413
authority of section 2967.141 of the Revised Code.	1414

(CC) "Prison term" includes any of the following sanctions	1415
for an offender:	1416

(1) A stated prison term;

1417

(2) A term in a prison shortened by, or with the approval of,	1418
the sentencing court pursuant to section 2929.20, 2967.26,	1419
5120.031, 5120.032, or 5120.073 of the Revised Code;	1420

(3) A term in prison extended by bad time imposed pursuant to	1421
section 2967.11 of the Revised Code or imposed for a violation of	1422
post-release control pursuant to section 2967.28 of the Revised	1423
Code.	1424

(DD) "Repeat violent offender" means a person about whom both	1425
of the following apply:	1426

(1) The person has been convicted of or has pleaded guilty	1427
to, and is being sentenced for committing, for complicity in	1428
committing, or for an attempt to commit, aggravated murder,	1429
murder, involuntary manslaughter, a felony of the first degree	1430
other than one set forth in Chapter 2925. of the Revised Code, a	1431
felony of the first degree set forth in Chapter 2925. of the	1432
Revised Code that involved an attempt to cause serious physical	1433
harm to a person or that resulted in serious physical harm to a	1434
person, or a felony of the second degree that involved an attempt	1435
to cause serious physical harm to a person or that resulted in	1436
serious physical harm to a person.	1437

(2) Either of the following applies:

1438

(a) The person previously was convicted of or pleaded guilty	1439
to, and previously served or, at the time of the offense was	1440
serving, a prison term for, any of the following:	1441

(i) Aggravated murder, murder, involuntary manslaughter,	1442
rape, felonious sexual penetration as it existed under section	1443
2907.12 of the Revised Code prior to September 3, 1996, a felony	1444
of the first or second degree that resulted in the death of a	1445
person or in physical harm to a person, or complicity in or an	1446
attempt to commit any of those offenses;	1447

(ii) An offense under an existing or former law of this	1448
state, another state, or the United States that is or was	1449
substantially equivalent to an offense listed under division	1450
(DD)(2)(a)(i) of this section and that resulted in the death of a	1451
person or in physical harm to a person.	1452

(b) The person previously was adjudicated a delinquent child	1453
for committing an act that if committed by an adult would have	1454
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	1455
section, the person was committed to the department of youth	1456
services for that delinquent act.	1457

(EE) "Sanction" means any penalty imposed upon an offender	1458
who is convicted of or pleads guilty to an offense, as punishment	1459
for the offense. "Sanction" includes any sanction imposed pursuant	1460
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1461
2929.28 of the Revised Code.	1462

(FF) "Sentence" means the sanction or combination of	1463
sanctions imposed by the sentencing court on an offender who is	1464
convicted of or pleads guilty to an offense.	1465

(GG) "Stated prison term" means the prison term, mandatory	1466
prison term, or combination of all prison terms and mandatory	1467
prison terms imposed by the sentencing court pursuant to section	1468
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	1469
includes any credit received by the offender for time spent in	1470
jail awaiting trial, sentencing, or transfer to prison for the	1471
offense and any time spent under house arrest or house arrest with	1472
electronic monitoring imposed after earning credits pursuant to	1473
section 2967.193 of the Revised Code.	1474

(HH) "Victim-offender mediation" means a reconciliation or	1475
mediation program that involves an offender and the victim of the	1476
offense committed by the offender and that includes a meeting in	1477
which the offender and the victim may discuss the offense, discuss	1478
restitution, and consider other sanctions for the offense.	1479

(II) "Fourth degree felony OVI offense" means a violation of	1480
division (A) of section 4511.19 of the Revised Code that, under	1481
division (G) of that section, is a felony of the fourth degree.	1482

(JJ) "Mandatory term of local incarceration" means the term	1483
of sixty or one hundred twenty days in a jail, a community-based	1484
correctional facility, a halfway house, or an alternative	1485
residential facility that a sentencing court may impose upon a	1486
person who is convicted of or pleads guilty to a fourth degree	1487
felony OVI offense pursuant to division (G)(1) of section 2929.13	1488
of the Revised Code and division (G)(1)(d) or (e) of section	1489
4511.19 of the Revised Code.	1490

(KK) "Designated homicide, assault, or kidnapping offense,"	1491
"violent sex offense," "sexual motivation specification,"	1492
"sexually violent offense," "sexually violent predator," and	1493
"sexually violent predator specification" have the same meanings	1494
as in section 2971.01 of the Revised Code.	1495

(LL) "Habitual sex offender," "sexually oriented offense,"	1496
"sexual predator," "registration-exempt sexually oriented	1497
offense," "child-victim oriented offense," "habitual child-victim	1498
offender," and "child-victim predator" have the same meanings as	1499
in section 2950.01 of the Revised Code.	1500

(MM) An offense is "committed in the vicinity of a child" if	1501
the offender commits the offense within thirty feet of or within	1502
the same residential unit as a child who is under eighteen years	1503
of age, regardless of whether the offender knows the age of the	1504
child or whether the offender knows the offense is being committed	1505
within thirty feet of or within the same residential unit as the	1506
child and regardless of whether the child actually views the	1507
commission of the offense.	1508

(NN) "Family or household member" has the same meaning as in	1509
section 2919.25 of the Revised Code.	1510

(OO) "Motor vehicle" and "manufactured home" have the same	1511
meanings as in section 4501.01 of the Revised Code.	1512

(PP) "Detention" and "detention facility" have the same	1513
meanings as in section 2921.01 of the Revised Code.	1514

(QQ) "Third degree felony OVI offense" means a violation of	1515
division (A) of section 4511.19 of the Revised Code that, under	1516
division (G) of that section, is a felony of the third degree.	1517

(RR) "Random drug testing" has the same meaning as in section	1518
5120.63 of the Revised Code.	1519

(SS) "Felony sex offense" has the same meaning as in section	1520
2967.28 of the Revised Code.	1521

(TT) "Body armor" has the same meaning as in section	1522
2941.1411 of the Revised Code.	1523

(UU) "Electronic monitoring" means monitoring through the use	1524
of an electronic monitoring device.	1525

(VV) "Electronic monitoring device" means any of the	1526
following:	1527

(1) Any device that can be operated by electrical or battery	1528
power and that conforms with all of the following:	1529

(a) The device has a transmitter that can be attached to a	1530
person, that will transmit a specified signal to a receiver of the	1531
type described in division (VV)(1)(b) of this section if the	1532
transmitter is removed from the person, turned off, or altered in	1533
any manner without prior court approval in relation to electronic	1534
monitoring or without prior approval of the department of	1535
rehabilitation and correction in relation to the use of an	1536
electronic monitoring device for an inmate on transitional control	1537
or otherwise is tampered with, that can transmit continuously and	1538
periodically a signal to that receiver when the person is within a	1539
specified distance from the receiver, and that can transmit an	1540
appropriate signal to that receiver if the person to whom it is	1541
attached travels a specified distance from that receiver.	1542

(b) The device has a receiver that can receive continuously	1543
the signals transmitted by a transmitter of the type described in	1544
division (VV)(1)(a) of this section, can transmit continuously	1545
those signals by telephone to a central monitoring computer of the	1546
type described in division (VV)(1)(c) of this section, and can	1547
transmit continuously an appropriate signal to that central	1548
monitoring computer if the receiver is turned off or altered	1549
without prior court approval or otherwise tampered with.	1550

(c) The device has a central monitoring computer that can	1551
receive continuously the signals transmitted by telephone by a	1552
receiver of the type described in division (VV)(1)(b) of this	1553
section and can monitor continuously the person to whom an	1554
electronic monitoring device of the type described in division	1555
(VV)(1)(a) of this section is attached.	1556

(2) Any device that is not a device of the type described in	1557
division (VV)(1) of this section and that conforms with all of the	1558
following:	1559

(a) The device includes a transmitter and receiver that can	1560
monitor and determine the location of a subject person at any	1561
time, or at a designated point in time, through the use of a	1562
central monitoring computer or through other electronic means.	1563

(b) The device includes a transmitter and receiver that can	1564
determine at any time, or at a designated point in time, through	1565
the use of a central monitoring computer or other electronic means	1566
the fact that the transmitter is turned off or altered in any	1567
manner without prior approval of the court in relation to the	1568
electronic monitoring or without prior approval of the department	1569
of rehabilitation and correction in relation to the use of an	1570
electronic monitoring device for an inmate on transitional control	1571
or otherwise is tampered with.	1572

(3) Any type of technology that can adequately track or	1573
determine the location of a subject person at any time and that is	1574
approved by the director of rehabilitation and correction,	1575
including, but not limited to, any satellite technology, voice	1576
tracking system, or retinal scanning system that is so approved.	1577

(WW) "Non-economic loss" means nonpecuniary harm suffered by	1578
a victim of an offense as a result of or related to the commission	1579
of the offense, including, but not limited to, pain and suffering;	1580
loss of society, consortium, companionship, care, assistance,	1581
attention, protection, advice, guidance, counsel, instruction,	1582
training, or education; mental anguish; and any other intangible	1583
loss.	1584

(XX) "Prosecutor" has the same meaning as in section 2935.01	1585
of the Revised Code.	1586

(YY) "Continuous alcohol monitoring" means the ability to	1587
automatically test and periodically transmit alcohol consumption	1588
levels and tamper attempts at least every hour, regardless of the	1589
location of the person who is being monitored.	1590

(ZZ) A person is "adjudicated a sexually violent predator" if	1591
the person is convicted of or pleads guilty to a violent sex	1592
offense and also is convicted of or pleads guilty to a sexually	1593
violent predator specification that was included in the	1594
indictment, count in the indictment, or information charging that	1595
violent sex offense or if the person is convicted of or pleads	1596
guilty to a designated homicide, assault, or kidnapping offense	1597
and also is convicted of or pleads guilty to both a sexual	1598
motivation specification and a sexually violent predator	1599
specification that were included in the indictment, count in the	1600
indictment, or information charging that designated homicide,	1601
assault, or kidnapping offense.	1602

Sec. 2929.34.  (A) A person who is convicted of or pleads	1603
guilty to aggravated murder, murder, or an offense punishable by	1604
life imprisonment and who is sentenced to a term of life	1605
imprisonment or a prison term pursuant to that conviction shall	1606
serve that term in an institution under the control of the	1607
department of rehabilitation and correction.	1608

(B)(1) A person who is convicted of or pleads guilty to a	1609
felony other than aggravated murder, murder, or an offense	1610
punishable by life imprisonment and who is sentenced to a term of	1611
imprisonment or a prison term pursuant to that conviction shall	1612
serve that term as follows:	1613

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	1614
section, in an institution under the control of the department of	1615
rehabilitation and correction if the term is a prison term or as	1616
otherwise determined by the sentencing court pursuant to section	1617
2929.16 of the Revised Code if the term is not a prison term;	1618

(b) In a facility of a type described in division (G)(1) of	1619
section 2929.13 of the Revised Code, if the offender is sentenced	1620
pursuant to that division.	1621

(2) If the term is a prison term, the person may be	1622
imprisoned in a jail that is not a minimum security jail pursuant	1623
to agreement under section 5120.161 of the Revised Code between	1624
the department of rehabilitation and correction and the local	1625
authority that operates the jail.	1626

(C) A person who is convicted of or pleads guilty to one or	1627
more misdemeanors and who is sentenced to a jail term or term of	1628
imprisonment pursuant to the conviction or convictions shall serve	1629
that term in a county, multicounty, municipal, municipal-county,	1630
or multicounty-municipal jail or workhouse or, if the misdemeanor	1631
or misdemeanors are not offenses of violence, in a minimum	1632
security jail.	1633

(D) Nothing in this section prohibits the commitment,	1634
referral, or sentencing of a person who is convicted of or pleads	1635
guilty to a felony to a community-based correctional facility and	1636
program or district community-based correctional facility and	1637
program in accordance with sections 2301.51 to 2301.56 of the	1638
Revised Code.	1639

Sec. 2929.37.  (A) A board of county commissioners, in an	1640
agreement with the sheriff, a legislative authority of a municipal	1641
corporation, a corrections commission, a judicial corrections	1642
facility governing board, or any other public or private entity	1643
that operates a local detention facility at which a prisoner who	1644
is convicted of an offense and who is confined in the facility	1645
under a sanction or term of imprisonment imposed under section	1646
2929.16, sections 2929.21 to 2929.28, or any other provision of	1647
the Revised Code may adopt, pursuant to section 307.93, 341.14,	1648
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	1649
2947.19 of the Revised Code, a policy that requires the prisoner	1650
to pay all or part of the costs of confinement in that facility.	1651
If a board of county commissioners, legislative authority,	1652
corrections commission, judicial correctionsfacility governing	1653
board, or other entity adopts a policy for a facility pursuant to	1654
one of those sections, the person in charge of that facility shall	1655
appoint a reimbursement coordinator to administer the facility's	1656
policy.	1657

The costs of confinement may include, but are not limited to,	1658
the costs of repairing property damaged by the prisoner while	1659
confined, a per diem fee for room and board, medical and dental	1660
treatment costs, the fee for a random drug test assessed under	1661
division (E) of section 341.26 and division (E) of section 753.33	1662
of the Revised Code, and a one-time reception fee for the costs of	1663
processing the prisoner into the facility at the time of the	1664
prisoner's initial entry into the facility under the confinement	1665
in question, minus any fees deducted under section 2929.38 of the	1666
Revised Code. Any policy adopted under this section shall be used	1667
when a court does not order reimbursement of confinement costs	1668
under section 2929.18 or 2929.28 of the Revised Code. The amount	1669
assessed under this section shall not exceed the total amount that	1670
the prisoner is able to pay.	1671

(B)(1) Each prisoner covered by a repayment policy adopted as	1672
described in division (A) of this section shall receive at the end	1673
of the prisoner's confinement an itemized bill of the expenses to	1674
be reimbursed. The policy shall allow periodic payments on a	1675
schedule to be implemented upon a prisoner's release. The bill	1676
also shall state that payment shall be made to the person	1677
identified in the bill as the reimbursement coordinator and	1678
include a notice that specifies that the prisoner has thirty days	1679
in which to dispute the bill by filing a written objection with	1680
the reimbursement coordinator and that if the prisoner does not	1681
dispute the bill in that manner within that period, the prisoner	1682
is required to pay the bill and a certificate of judgment may be	1683
obtained against the prisoner for the amount of the unpaid	1684
expenses. The prisoner shall sign a copy of the bill, and the	1685
reimbursement coordinator shall retain that copy. If the prisoner	1686
disputes an item on the bill within thirty days after receiving	1687
the bill, the reimbursement coordinator may either concede the	1688
disputed item or proceed to a hearing under division (B)(2) of	1689
this section.	1690

(2) If the prisoner disputes an item on an itemized bill	1691
presented to the prisoner under division (B)(1) of this section	1692
and the reimbursement coordinator does not concede the item, the	1693
reimbursement coordinator shall submit the bill to the court, and	1694
the court shall hold a hearing on the disputed items in the bill.	1695
At the end of the hearing, the court shall determine how much of	1696
the disputed expenses the prisoner shall reimburse the legislative	1697
authority or managing authority and shall issue a judgment in	1698
favor of the legislative authority or managing authority for any	1699
undisputed expenses and the amount of the disputed expenses for	1700
which the prisoner must reimburse the legislative authority or	1701
managing authority. The reimbursement coordinator shall not seek	1702
to enforce the judgment until at least ninety days after the court	1703
issues the judgment.	1704

(C) If a prisoner does not dispute the itemized bill	1705
presented to the prisoner under division (B) of this section and	1706
does not pay the bill within ninety days, the reimbursement	1707
coordinator shall send by mail a notice to the prisoner requesting	1708
payment of the expenses as stated in the bill. If the prisoner	1709
does not respond to the notice by paying the expenses in full	1710
within thirty days of the date the notice was mailed, the	1711
reimbursement coordinator shall send by mail a second notice to	1712
the prisoner requesting payment of the expenses. If one hundred	1713
eighty days elapse from the date that the reimbursement	1714
coordinator provides the bill and if the prisoner has not paid the	1715
full amount of the expenses pursuant to the bill and the notices,	1716
the reimbursement coordinator may notify the clerk of the	1717
appropriate court of those facts, and the clerk may issue a	1718
certificate of judgment against the prisoner for the balance of	1719
the expenses remaining unpaid.	1720

(D) The reimbursement coordinator may collect any amounts	1721
remaining unpaid on an itemized bill and any costs associated with	1722
the enforcement of the judgment and may enter into a contract with	1723
one or more public agencies or private vendors to collect any	1724
amounts remaining unpaid. For enforcing a judgment issued under	1725
this section, the reimbursement coordinator may assess an	1726
additional poundage fee of two per cent of the amount remaining	1727
unpaid and may collect costs associated with the enforcement of	1728
the judgment.	1729

(E) Neither the reimbursement coordinator nor the legislative	1730
authority or the managing authority shall enforce any judgment	1731
obtained under this section by means of execution against the	1732
prisoner's homestead. Any reimbursement received under this	1733
section shall be credited to the general fund of the treasury of	1734
the political subdivision that incurred the expense, to be used	1735
for general fund purposes.	1736

Sec. 2929.38. (A) A board of commissioners of a county, in an	1737
agreement with the sheriff, a legislative authority of a municipal	1738
corporation, a corrections commission, a judicial corrections	1739
facility governing board, or any other public or private entity	1740
that operates a local detention facility described in division (A)	1741
of section 2929.37 of the Revised Code, may establish a policy	1742
that requires any prisoner who is confined in the facility as a	1743
result of pleading guilty to or having been convicted of an	1744
offense to pay a one-time reception fee for the costs of	1745
processing the prisoner into the facility at the time of the	1746
prisoner's initial entry into the facility under the confinement	1747
in question, to pay a reasonable fee for any medical or dental	1748
treatment or service requested by and provided to that prisoner,	1749
and to pay the fee for a random drug test assessed under division	1750
(E) of section 341.26, and division (E) of section 753.33 of the	1751
Revised Code. The fee for the medical treatment or service shall	1752
not exceed the actual cost of the treatment or service provided.	1753
No prisoner confined in the local detention facility shall be	1754
denied any necessary medical care because of inability to pay the	1755
fees.	1756

(B) Upon assessment of a one-time reception fee as described	1757
in division (A) of this section, the provision of the requested	1758
medical treatment or service, or the assessment of a fee for a	1759
random drug test, payment of the required fee may be automatically	1760
deducted from the prisoner's inmate account in the business office	1761
of the local detention facility in which the prisoner is confined.	1762
If there is no money in the account, a deduction may be made at a	1763
later date during the prisoner's confinement if the money becomes	1764
available in the account. If, after release, the prisoner has an	1765
unpaid balance of those fees, the sheriff, legislative authority	1766
of the municipal corporation, corrections commission, judicial	1767
correctionsfacility governing board, or other entity that	1768
operates the local detention facility described in division (A) of	1769
section 2929.37 of the Revised Code may bill the prisoner for the	1770
payment of the unpaid fees. Fees received for medical or dental	1771
treatment or services shall be paid to the commissary fund or	1772
resident program fund of a community-based correctional facility,	1773
if one exists for the facility, or if no commissary fund or	1774
resident program fund exists, to the general fund of the treasury	1775
of the political subdivision that incurred the expenses, in the	1776
same proportion as those expenses were borne by the political	1777
subdivision. Fees received for medical treatment or services that	1778
are placed in the commissary fund or resident program fund under	1779
this division shall be used for the same purposes as profits from	1780
the commissary fund or resident program fund, except that they	1781
shall not be used to pay any salary or benefits of any person who	1782
works in or is employed for the sole purpose of providing service	1783
to the commissary.	1784

(C) Any fee paid by a person under this section shall be	1785
deducted from any medical or dental costs that the person is	1786
ordered to reimburse under a financial sanction imposed pursuant	1787
to section 2929.28 of the Revised Code or to repay under a policy	1788
adopted under section 2929.37 of the Revised Code.	1789

(D) As used in this section, "inmate account" has the same	1790
meaning as in section 2969.21 of the Revised Code.	1791

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

1792

(1) "Certificate of high school equivalence" means a	1793
statement that is issued by the state board of education or an	1794
equivalent agency of another state and that indicates that its	1795
holder has achieved the equivalent of a high school education as	1796
measured by scores obtained on the tests of general educational	1797
development published by the American council on education.	1798

(2) "Certificate of adult basic education" means a statement	1799
that is issued by the department of rehabilitation and correction	1800
through the Ohio central school system approved by the state board	1801
of education and that indicates that its holder has achieved a 6.0	1802
grade level, or higher, as measured by scores of nationally	1803
standardized or recognized tests.	1804

(3) "Deadly weapon" and "firearm" have the same meanings as	1805
in section 2923.11 of the Revised Code.	1806

(4) "Eligible offender" means a person, other than one who is	1807
ineligible to participate in an intensive program prison under the	1808
criteria specified in section 5120.032 of the Revised Code, who	1809
has been convicted of or pleaded guilty to, and has been sentenced	1810
for, a felony.	1811

(5) "Shock incarceration" means the program of incarceration	1812
that is established pursuant to the rules of the department of	1813
rehabilitation and correction adopted under this section.	1814

(B)(1) The director of rehabilitation and correction, by	1815
rules adopted under Chapter 119. of the Revised Code, shall	1816
establish a pilot program of shock incarceration that may be used	1817
for offenders who are sentenced to serve a term of imprisonment	1818
under the custody of the department of rehabilitation and	1819
correction, whom the department determines to be eligible	1820
offenders, and whom the department, subject to the approval of the	1821
sentencing judge, may permit to serve their sentence as a sentence	1822
of shock incarceration in accordance with this section.	1823

(2) The rules for the pilot program shall require that the	1824
program be established at an appropriate state correctional	1825
institution designated by the director and that the program	1826
consist of both of the following for each eligible offender whom	1827
the department, with the approval of the sentencing judge, permits	1828
to serve the eligible offender's sentence as a sentence of shock	1829
incarceration:	1830

(a) A period of imprisonment at that institution of ninety	1831
days that shall consist of a military style combination of	1832
discipline, physical training, and hard labor and substance abuse	1833
education, employment skills training, social skills training, and	1834
psychological treatment. During the ninety-day period, the	1835
department may permit an eligible offender to participate in a	1836
self-help program. Additionally, during the ninety-day period, an	1837
eligible offender who holds a high school diploma or a certificate	1838
of high school equivalence may be permitted to tutor other	1839
eligible offenders in the shock incarceration program. If an	1840
eligible offender does not hold a high school diploma or	1841
certificate of high school equivalence, the eligible offender may	1842
elect to participate in an education program that is designed to	1843
award a certificate of adult basic education or an education	1844
program that is designed to award a certificate of high school	1845
equivalence to those eligible offenders who successfully complete	1846
the education program, whether the completion occurs during or	1847
subsequent to the ninety-day period. To the extent possible, the	1848
department shall use as teachers in the education program persons	1849
who have been issued a license pursuant to sections 3319.22 to	1850
3319.31 of the Revised Code, who have volunteered their services	1851
to the education program, and who satisfy any other criteria	1852
specified in the rules for the pilot project.	1853

(b) Immediately following the ninety-day period of	1854
imprisonment, and notwithstanding any other provision governing	1855
the early release of a prisoner from imprisonment or the transfer	1856
of a prisoner to transitional control, one of the following, as	1857
determined by the director:	1858

(i) An intermediate, transitional type of detention for the	1859
period of time determined by the director and, immediately	1860
following the intermediate, transitional type of detention, a	1861
release under a post-release control sanction imposed in	1862
accordance with section 2967.28 of the Revised Code. The period of	1863
intermediate, transitional type of detention imposed by the	1864
director under this division may be in a halfway house, in a	1865
community-based correctional facility and program or district	1866
community-based correctional facility and program established	1867
under sections 2301.51 to 2301.562301.58 of the Revised Code, or	1868
in any other facility approved by the director that provides for	1869
detention to serve as a transition between imprisonment in a state	1870
correctional institution and release from imprisonment.	1871

(ii) A release under a post-release control sanction imposed	1872
in accordance with section 2967.28 of the Revised Code.	1873

(3) The rules for the pilot program also shall include, but	1874
are not limited to, all of the following:	1875

(a) Rules identifying the locations within the state	1876
correctional institution designated by the director that will be	1877
used for eligible offenders serving a sentence of shock	1878
incarceration;	1879

(b) Rules establishing specific schedules of discipline,	1880
physical training, and hard labor for eligible offenders serving a	1881
sentence of shock incarceration, based upon the offender's	1882
physical condition and needs;	1883

(c) Rules establishing standards and criteria for the	1884
department to use in determining which eligible offenders the	1885
department will permit to serve their sentence of imprisonment as	1886
a sentence of shock incarceration;	1887

(d) Rules establishing guidelines for the selection of	1888
post-release control sanctions for eligible offenders;	1889

(e) Rules establishing procedures for notifying sentencing	1890
courts of the performance of eligible offenders serving their	1891
sentences of imprisonment as a sentence of shock incarceration;	1892

(f) Any other rules that are necessary for the proper conduct	1893
of the pilot program.	1894

(C)(1) If an offender is sentenced to a term of imprisonment	1895
under the custody of the department, if the sentencing court	1896
either recommends the offender for placement in a program of shock	1897
incarceration under this section or makes no recommendation on	1898
placement of the offender, and if the department determines that	1899
the offender is an eligible offender for placement in a program of	1900
shock incarceration under this section, the department may permit	1901
the eligible offender to serve the sentence in a program of shock	1902
incarceration, in accordance with division (K) of section 2929.14	1903
of the Revised Code, with this section, and with the rules adopted	1904
under this section. If the sentencing court disapproves placement	1905
of the offender in a program of shock incarceration, the	1906
department shall not place the offender in any program of shock	1907
incarceration.	1908

If the sentencing court recommends the offender for placement	1909
in a program of shock incarceration and if the department	1910
subsequently places the offender in the recommended program, the	1911
department shall notify the court of the offender's placement in	1912
the recommended program and shall include with the notice a brief	1913
description of the placement.	1914

If the sentencing court recommends placement of the offender	1915
in a program of shock incarceration and the department for any	1916
reason does not subsequently place the offender in the recommended	1917
program, the department shall send a notice to the court	1918
indicating why the offender was not placed in the recommended	1919
program.	1920

If the sentencing court does not make a recommendation on the	1921
placement of an offender in a program of shock incarceration and	1922
if the department determines that the offender is an eligible	1923
offender for placement in a program of that nature, the department	1924
shall screen the offender and determine if the offender is suited	1925
for the program of shock incarceration. If the offender is suited	1926
for the program of shock incarceration, at least three weeks prior	1927
to permitting an eligible offender to serve the sentence in a	1928
program of shock incarceration, the department shall notify the	1929
sentencing court of the proposed placement of the offender in the	1930
program and shall include with the notice a brief description of	1931
the placement. The court shall have ten days from receipt of the	1932
notice to disapprove the placement. If the sentencing court	1933
disapproves of the placement, the department shall not permit the	1934
eligible offender to serve the sentence in a program of shock	1935
incarceration. If the judge does not timely disapprove of	1936
placement of the offender in the program of shock incarceration,	1937
the department may proceed with plans for placement of the	1938
offender.	1939

If the department determines that the offender is not	1940
eligible for placement in a program of shock incarceration, the	1941
department shall not place the offender in any program of shock	1942
incarceration.	1943

(2) If the department permits an eligible offender to serve	1944
the eligible offender's sentence of imprisonment as a sentence of	1945
shock incarceration and the eligible offender does not	1946
satisfactorily complete the entire period of imprisonment	1947
described in division (B)(2)(a) of this section, the offender	1948
shall be removed from the pilot program for shock incarceration	1949
and shall be required to serve the remainder of the offender's	1950
sentence of imprisonment imposed by the sentencing court as a	1951
regular term of imprisonment. If the eligible offender commences a	1952
period of post-release control described in division (B)(2)(b) of	1953
this section and violates the conditions of that post-release	1954
control, the eligible offender shall be subject to the provisions	1955
of sections 2929.141, 2967.15, and 2967.28 of the Revised Code	1956
regarding violation of post-release control sanctions.	1957

(3) If an eligible offender's stated prison term expires at	1958
any time during the eligible offender's participation in the shock	1959
incarceration program, the adult parole authority shall terminate	1960
the eligible offender's participation in the program and shall	1961
issue to the eligible offender a certificate of expiration of the	1962
stated prison term.	1963

(D) The director shall keep sentencing courts informed of the	1964
performance of eligible offenders serving their sentences of	1965
imprisonment as a sentence of shock incarceration, including, but	1966
not limited to, notice of eligible offenders who fail to	1967
satisfactorily complete their entire sentence of shock	1968
incarceration or who satisfactorily complete their entire sentence	1969
of shock incarceration.	1970

(E) Within a reasonable period of time after November 20,	1971
1990, the director shall appoint a committee to search for one or	1972
more suitable sites at which one or more programs of shock	1973
incarceration, in addition to the pilot program required by	1974
division (B)(1) of this section, may be established. The search	1975
committee shall consist of the director or the director's	1976
designee, as chairperson; employees of the department of	1977
rehabilitation and correction appointed by the director; and any	1978
other persons that the director, in the director's discretion,	1979
appoints. In searching for such sites, the search committee shall	1980
give preference to any site owned by the state or any other	1981
governmental entity and to any existing structure that reasonably	1982
could be renovated, enlarged, converted, or remodeled for purposes	1983
of establishing such a program. The search committee shall prepare	1984
a report concerning its activities and, on the earlier of the day	1985
that is twelve months after the first day on which an eligible	1986
offender began serving a sentence of shock incarceration under the	1987
pilot program or January 1, 1992, shall file the report with the	1988
president and the minority leader of the senate, the speaker and	1989
the minority leader of the house of representatives, the members	1990
of the senate who were members of the senate judiciary committee	1991
in the 118th general assembly or their successors, and the members	1992
of the house of representatives who were members of the select	1993
committee to hear drug legislation that was established in the	1994
118th general assembly or their successors. Upon the filing of the	1995
report, the search committee shall terminate. The report required	1996
by this division shall contain all of the following:	1997

(1) A summary of the process used by the search committee in	1998
performing its duties under this division;	1999

(2) A summary of all of the sites reviewed by the search	2000
committee in performing its duties under this division, and the	2001
benefits and disadvantages it found relative to the establishment	2002
of a program of shock incarceration at each such site;	2003

(3) The findings and recommendations of the search committee	2004
as to the suitable site or sites, if any, at which a program of	2005
shock incarceration, in addition to the pilot program required by	2006
division (B)(1) of this section, may be established.	2007

(F) The director periodically shall review the pilot program	2008
for shock incarceration required to be established by division	2009
(B)(1) of this section. The director shall prepare a report	2010
relative to the pilot program and, on the earlier of the day that	2011
is twelve months after the first day on which an eligible offender	2012
began serving a sentence of shock incarceration under the pilot	2013
program or January 1, 1992, shall file the report with the	2014
president and the minority leader of the senate, the speaker and	2015
the minority leader of the house of representatives, the members	2016
of the senate who were members of the senate judiciary committee	2017
in the 118th general assembly or their successors, and the members	2018
of the house of representatives who were members of the select	2019
committee to hear drug legislation that was established in the	2020
118th general assembly or their successors. The pilot program	2021
shall not terminate at the time of the filing of the report, but	2022
shall continue in operation in accordance with this section. The	2023
report required by this division shall include all of the	2024
following:	2025

(1) A summary of the pilot program as initially established,	2026
a summary of all changes in the pilot program made during the	2027
period covered by the report and the reasons for the changes, and	2028
a summary of the pilot program as it exists on the date of	2029
preparation of the report;	2030

(2) A summary of the effectiveness of the pilot program, in	2031
the opinion of the director and employees of the department	2032
involved in its operation;	2033

(3) An analysis of the total cost of the pilot program, of	2034
its cost per inmate who was permitted to serve a sentence of shock	2035
incarceration and who served the entire sentence of shock	2036
incarceration, and of its cost per inmate who was permitted to	2037
serve a sentence of shock incarceration;	2038

(4) A summary of the standards and criteria used by the	2039
department in determining which eligible offenders were permitted	2040
to serve their sentence of imprisonment as a sentence of shock	2041
incarceration;	2042

(5) A summary of the characteristics of the eligible	2043
offenders who were permitted to serve their sentence of	2044
imprisonment as a sentence of shock incarceration, which summary	2045
shall include, but not be limited to, a listing of every offense	2046
of which any such eligible offender was convicted or to which any	2047
such eligible offender pleaded guilty and in relation to which the	2048
eligible offender served a sentence of shock incarceration, and	2049
the total number of such eligible offenders who were convicted of	2050
or pleaded guilty to each such offense;	2051

(6) A listing of the number of eligible offenders who were	2052
permitted to serve a sentence of shock incarceration and who did	2053
not serve the entire sentence of shock incarceration, and, to the	2054
extent possible, a summary of the length of the terms of	2055
imprisonment served by such eligible offenders after they were	2056
removed from the pilot program;	2057

(7) A summary of the effect of the pilot program on	2058
overcrowding at state correctional institutions;	2059

(8) To the extent possible, an analysis of the rate of	2060
recidivism of eligible offenders who were permitted to serve a	2061
sentence of shock incarceration and who served the entire sentence	2062
of shock incarceration;	2063

(9) Recommendations as to legislative changes to the pilot	2064
program that would assist in its operation or that could further	2065
alleviate overcrowding at state correctional institutions, and	2066
recommendations as to whether the pilot program should be	2067
expanded.	2068

Sec. 5120.111.  With respect to community-based correctional	2069
facilities and programs and district community-based correctional	2070
facilities and programs authorized under section 2301.51 of the	2071
Revised Code, the department of rehabilitation and correction	2072
shall do all of the following:	2073

(A) Adopt rules, under Chapter 119. of the Revised Code, that	2074
serve as criteria for the operation of community-based	2075
correctional facilities and programs and district community-based	2076
correctional facilities and programs approved in accordance with	2077
sections 2301.51 and 5120.10 of the Revised Code;	2078

(B) Adopt rules, under Chapter 119. of the Revised Code,	2079
prescribing the minimum educational and experience requirements	2080
that must be satisfied by persons who staff and operate the	2081
facilities and programs;	2082

(C) Adopt rules, under Chapter 119. of the Revised Code,	2083
governing the procedures for the submission of proposals for the	2084
establishment of community-based correctional facilities and	2085
programs and district community-based correctional facilities and	2086
programs to the division of parole and community services under	2087
division (B) of section 2301.51 of the Revised Code;	2088

(D)(C) Prescribe forms that are to be used by judicial	2089
correctionsfacility governing boards of community-based	2090
correctional facilities and programs and district community-based	2091
correctional facilities and programs in making application for	2092
state financial assistance under section 2301.56 of the Revised	2093
Code and that include a requirement that the applicant estimate	2094
the number of offenders that will be committed or referred to a	2095
facility and program and that the facility and program will serve	2096
in the year of application;	2097

(E)(D) Adopt rules, under Chapter 119. of the Revised Code,	2098
that prescribe the standards of operation and the training and	2099
qualifications of persons who staff and operatefor the facilities	2100
and programs and that must be satisfied for the facilities and	2101
programs to be eligible for state financial assistance. The	2102
standards prescribed shall include, but shall not be limited to,	2103
the minimum requirements that each proposal submitted for approval	2104
to the division of parole and community services, as contained in	2105
section 2301.52 of the Revised Code, must satisfy for approval.;	2106

(F)(E) Through the division of parole and community services,	2107
accept and review proposals for the establishment of the	2108
facilities and programs and approve those proposals that satisfy	2109
the minimum requirements contained in section 2301.52 of the	2110
Revised Code; and administer the program for state financial	2111
assistance to the facilities and programs in accordance with	2112
section 5120.112 of the Revised Code.	2113

Sec. 5120.112.  (A) The division of parole and community	2114
services shall accept applications for state financial assistance	2115
for the renovation, maintenance, and operation of proposed and	2116
approved community-based correctional facilities and programs and	2117
district community-based correctional facilities and programs that	2118
are filed in accordance with section 2301.56 of the Revised Code.	2119
The division, upon receipt of an application for a particular	2120
facility and program, shall determine whether the application is	2121
in proper form, whether the applicant satisfies the standards of	2122
operation and training and qualifications of personnel that are	2123
prescribed by the department of rehabilitation and correction	2124
under section 5120.111 of the Revised Code, whether the applicant	2125
has established the facility and program, and, if the applicant	2126
has not at that time established the facility and program, whether	2127
the proposal of the applicant sufficiently indicates that the	2128
standards will be satisfied upon the establishment of the facility	2129
and program. If the division determines that the application is in	2130
proper form and that the applicant has satisfied or will satisfy	2131
the standards of the department, the division shall notify the	2132
applicant that it is qualified to receive state financial	2133
assistance for the facility and program under this section from	2134
moneys made available to the division for purposes of providing	2135
assistance to community-based correctional facilities and programs	2136
and district community-based correctional facilities and programs.	2137

(B) The amount of state financial assistance that is granted	2138
awarded to a qualified applicant under this section shall be	2139
determined by the division of parole and community services in	2140
accordance with this division. The division shall adopt a formula	2141
to determine the allocation of state financial assistance to	2142
qualified applicants. The formula shall provide for funding that	2143
is based upon a set fee to be paid to an applicant per person	2144
committed or referred in the year of application. In no case shall	2145
the set feeIn determining the amount of state financial	2146
assistance to be awarded to a qualified applicant under this	2147
section, the division shall not calculate the cost of an offender	2148
incarcerated in a community-based correctional facility and	2149
program or district community-based correctional facility program	2150
to be greater than the average yearly cost of incarceration per	2151
inmate in all state correctional institutions, as defined in	2152
section 2967.01 of the Revised Code, as determined by the	2153
department of rehabilitation and correction.	2154

The times and manner of distribution of state financial	2155
assistance to be grantedawarded to a qualified applicant under	2156
this section shall be determined by the division of parole and	2157
community services.	2158

(C) Upon approval of a proposal for a community-based	2159
correctional facility and program or a district community-based	2160
correctional facility and program by the division of parole and	2161
community services, the facility governing board, upon the advice	2162
of the judicial advisory board, shall enter into an award	2163
agreement with the department of rehabilitation and correction	2164
that outlines terms and conditions of the agreement on an annual	2165
basis. In the award agreement, the facility governing board shall	2166
identify a fiscal agent responsible for the deposit of funds and	2167
compliance with sections 2301.55 and 2301.56 of the Revised Code.	2168

(D) No state financial assistance shall be distributed to a	2169
qualified applicant until an agreement concerning the assistance	2170
has been entered into by the director of rehabilitation and	2171
correction and the deputy director of the division of parole and	2172
community services on the part of the state, and by the chairman	2173
chairperson of the judicial correctionsfacility governing board	2174
of the community-based correctional facility and program or	2175
district community-based correctional facility and program to	2176
receive the financial assistance, whichever is applicable. The	2177
agreement shall be effective for a period of one year from the	2178
date of the agreement and shall specify all terms and conditions	2179
that are applicable to the grantingawarding of the assistance,	2180
including, but not limited to:	2181

(1) The total amount of assistance to be grantedawarded for	2182
each community-based correctional facility and program or district	2183
community-based correctional facility and program, and the times	2184
and manner of the payment of the assistance;	2185

(2) How persons who will staff and operate the facility and	2186
program are to be utilized during the period for which the	2187
assistance is to be granted, including descriptions of their	2188
positions and duties, and their salaries and fringe benefits, and	2189
their job qualifications and classifications;	2190

(3) A statement that none of the persons who will staff and	2191
operate the facility and program, including those who are	2192
receiving some or all of their salaries out of funds received by	2193
the facility and program as state financial assistance, are	2194
employees or are to be considered as being employees of the	2195
department of rehabilitation and correction, and a statement that	2196
the employees who will staff and operate that facility and program	2197
are employees of the facility and program;	2198

(4) A list of the type of expenses, other than salaries of	2199
persons who will staff and operate the facility and program, for	2200
which the state financial assistance can be used, and a	2201
requirement that purchases made with funds received as state	2202
financial assistance be made through the use of competitive	2203
biddingfollow established fiscal guidelines as determined by the	2204
division of parole and community services and any applicable	2205
sections of the Revised Code, including, but not limited to,	2206
sections 125.01 to 125.11 and Chapter 153. of the Revised Code;	2207

(5) The accounting procedures that are to be used by the	2208
facility and program in relation to the state financial	2209
assistance;	2210

(6) A requirement that the facility and program file	2211
quarterly reports, during the period that it receives state	2212
financial assistance, with the division of parole and community	2213
services, which reports shall be statistical in nature and shall	2214
contain that information required under a research design agreed	2215
upon by all parties to the agreement, for purposes of evaluating	2216
the facility and program;	2217

(7) A requirement that the facility and program comply with	2218
all of the standards of operation and training and qualifications	2219
of personnelas prescribed by the department under section	2220
5120.111 of the Revised Code, and with all information submitted	2221
on its application;	2222

(8) A statement that the facility and program will attempt to	2223
accept and treat at least fifteen per cent of the eligible adult	2224
felony offenders sentenced in the county or counties it serves	2225
during the period that it receives state financial assistance;	2226

(9) A statement that the facility and program will make a	2227
reasonable effort to augment the funding received from the state.	2228

(D)(E)(1) No state financial assistance shall be distributed	2229
to a qualified applicant until its proposal for a community-based	2230
correctional facility and program or district community-based	2231
correctional facility and program has been approved by the	2232
division of parole and community services.	2233

(2) State financial assistance may be denied to any applicant	2234
if it fails to comply with the terms of any agreement entered into	2235
pursuant to division (C)(D) of this section.	2236

Sec. 5149.34.  (A)(1) If a county desires to receive a	2237
subsidy from a subsidy program established under division (A) of	2238
section 5149.31 of the Revised Code for community corrections	2239
programs as described in division (B) of that section, the board	2240
of county commissioners of the county shall establish, by a	2241
resolution as described in this division, and maintain a local	2242
corrections planning board that, except as provided in division	2243
(A)(2) of this section, shall include an administrator of a	2244
county, multicounty, municipal, municipal-county, or	2245
multicounty-municipal jail or workhouse located in the county, a	2246
county commissioner of that county, a judge of the court of common	2247
pleas of that county, a judge of a municipal court or county court	2248
of that county, an attorney whose practice of law primarily	2249
involves the representation of criminal defendants, the chief law	2250
enforcement officer of the largest municipal corporation located	2251
in the county, the county sheriff, one or more prosecutors, as	2252
defined in section 2935.01 of the Revised Code, one or more	2253
representatives of the public, one of whom shall be a victim of	2254
crime, one or more additional representatives of the law	2255
enforcement community, one or more additional representatives of	2256
the judiciary, one or more additional representatives of the field	2257
of corrections, and officials from the largest municipal	2258
corporation located in the county. A majority of the members of	2259
the board shall be employed in the adult criminal justice field.	2260
At least two members of the board shall be members of the largest	2261
racial minority population, if any, in the county, and at least	2262
two other members of the board shall be women. The resolution	2263
shall state the number and nature of the members, the duration of	2264
their terms, the manner of filling vacancies on the board, and the	2265
compensation, if any, that members are to receive. The board of	2266
county commissioners also may specify, as part of the resolution,	2267
any other duties the local corrections planning board is to	2268
assume.	2269

(2) If, for good cause shown, including, but not limited to,	2270
the refusal of a specified individual to serve on a local	2271
corrections planning board, a particular county is not able to	2272
satisfy the requirements specified in division (A)(1) of this	2273
section for the composition of such a board, the director of	2274
rehabilitation and correction may waive the requirements to the	2275
extent necessary and approve a composition for the board that	2276
otherwise is consistent with the requirements.	2277

(B) Each local corrections planning board established	2278
pursuant to division (A) of this section shall adopt within	2279
eighteen months after its establishment, and from time to time	2280
shall revise, a comprehensive plan for the development,	2281
implementation, and operation of corrections services in the	2282
county. The plan shall be adopted and revised after consideration	2283
has been given to the impact that it will have or has had on the	2284
populations of state correctional institutions and county,	2285
multicounty, municipal, municipal-county, or multicounty-municipal	2286
jails or workhouses in the county, and shall be designed to unify	2287
or coordinate corrections services in the county and to reduce the	2288
number of persons committed, consistent with the standards adopted	2289
under division (B) of section 5149.31 of the Revised Code, from	2290
that county to state correctional institutions and to county,	2291
multicounty, municipal, municipal-county, or multicounty-municipal	2292
jails or workhouses. The plan and any revisions to the plan shall	2293
be submitted to the board of county commissioners of the county in	2294
which the local corrections planning board is located for	2295
approval.	2296

If a county has a community-based correctional facility and	2297
program established in accordance with sections 2301.51 to 2301.56	2298
2301.58 of the Revised Code, the budgets of the facility and	2299
program shall not be subject to approval by the local corrections	2300
planning board, but instead shall continue to be determined in	2301
accordance with those sections. However, the local corrections	2302
planning board shall include the facility and program as part of	2303
the comprehensive plan adopted and revised pursuant to this	2304
division.	2305

Section 2. That existing sections 2152.20, 2301.51, 2301.52,	2306
2301.55, 2301.56, 2301.57, 2744.01, 2929.01, 2929.34, 2929.37,	2307
2929.38, 5120.031, 5120.111, 5120.112, and 5149.34 and sections	2308
2301.53, 2301.54, and 2301.58 of the Revised Code are hereby	2309
repealed.	2310

Section 3. The amendment of sections 2301.51, 2301.52,	2311
2301.55, 2301.56, and 2301.57, the repeal of sections 2301.53,	2312
2301.54, and 2301.58, and the enactment of new section 2301.58 and	2313
section 2301.571 of the Revised Code by this act do not change the	2314
status of any officer or employee of a community-based	2315
correctional facility and program or district community-based	2316
correctional facility and program in the public employees	2317
retirement system. It is the intent of the General Assembly in	2318
amending sections 2301.51, 2301.52, 2301.55, 2301.56, and 2301.57,	2319
repealing sections 2301.53, 2301.54, and 2301.58, and enacting new	2320
section 2301.58 and section 2301.571 of the Revised Code to ensure	2321
membership in the public employees retirement system for officers	2322
and employees of publicly operated community-based correctional	2323
facilities and programs and district community-based correctional	2324
facilities and programs and not to add to the category of	2325
employees eligible for membership in the public employees	2326
retirement system.	2327

Section 4.  This act does not affect, and shall not be	2328
construed as affecting, the authority, responsibility, or powers	2329
of the Ohio Ethics Commission under Chapters 102. and 2921. of the	2330
Revised Code, as those chapters existed immediately prior to the	2331
effective date of this act, with respect to the following:	2332

(A) Any trustee or member of the governing board and any	2333
officer of an entity that was or is under contract to control,	2334
manage, operate, and have general charge of a community-based	2335
correctional facility and program or district community-based	2336
correctional facility and program established under former	2337
sections 2301.51 to 2301.58 of the Revised Code;	2338

(B) Any individual who, pursuant to a contract with an entity	2339
to control, manage, operate, and have general charge of a	2340
community-based correctional facility and program or district	2341
community-based correctional facility and program established	2342
under former sections 2301.51 to 2301.58 of the Revised Code, was	2343
or is serving as director or in a substantially similar capacity	2344
to director of the facility and program.	2345

Section 5.  Section 2301.56 of the Revised Code is presented	2346
in this act as a composite of the section as amended by both Am.	2347
Sub. H.B. 490 and Sub. H.B. 510 of the 124th General Assembly. The	2348
General Assembly, applying the principle stated in division (B) of	2349
section 1.52 of the Revised Code that amendments are to be	2350
harmonized if reasonably capable of simultaneous operation, finds	2351
that the composite is the resulting version of the section in	2352
effect prior to the effective date of the section as presented in	2353
this act.	2354