As Recommitted to the Senate Judiciary--Criminal Justice Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 259

Representatives Wagner, McGregor, J., Martin, Evans, C., Fende, Bubp, Wagoner, Seaver, Evans, D., Setzer, Hagan, Harwood, Gilb, Wolpert, Distel, Willamowski, Collier, Latta, Faber, Brown, Aslanides, Uecker, Allen, Perry, Mason, Hughes, Blessing, Daniels, DeBose, DeGeeter, Domenick, Fessler, Flowers, Gibbs, Law, Oelslager, Otterman, Patton, T., Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Williams 

Senators Clancy, Grendell, Schuring, Dann 

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A BILL

To amend sections 2921.38, 2929.14, 2929.19, and

1

2967.28 of the Revised Code to prohibit a person,

2

with intent to harass, annoy, threaten, or alarm a

3

law enforcement officer, from causing or

4

attempting to cause the law enforcement officer to

5

come into contact with a bodily substance; to

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prohibit any person from engaging in the same

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action with respect to any person when the person

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is a knowing carrier of certain viruses or

9

bacteria; to specify that a sentencing court's

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failure to notify a felon of mandatory

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post-release control after prison does not affect

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mandatory post-release control; to specify that a

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sentencing court's failure to notify a felon of

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the possibility of being sent back to prison for

15

violating mandatory or discretionary post-release

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control does not affect the authority to do so if

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the Parole Board gives such a notice; to require

18

the Parole Board to notify felons prior to release

19

from prison of the possibility of being sent back

20

to prison for violating post-release control; and

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to declare an emergency.

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

Section 1.  That sections 2921.38, 2929.14, 2929.19, and	23
2967.28 of the Revised Code be amended to read as follows:	24

Sec. 2921.38.  (A) No person who is confined in a detention	25
facility, with intent to harass, annoy, threaten, or alarm another	26
person, shall cause or attempt to cause the other person to come	27
into contact with blood, semen, urine, feces, or another bodily	28
substance by throwing the bodily substance at the other person, by	29
expelling the bodily substance upon the other person, or in any	30
other manner.	31

(B) No person, with intent to harass, annoy, threaten, or	32
alarm a law enforcement officer, shall cause or attempt to cause	33
the law enforcement officer to come into contact with blood,	34
semen, urine, feces, or another bodily substance by throwing the	35
bodily substance at the law enforcement officer, by expelling the	36
bodily substance upon the law enforcement officer, or in any other	37
manner.	38

(C) No person who is confined in a detention facility, with	39
knowledge that the person is a carrier of the virus that causes	40
acquired immunodeficiency syndrome, is a carrier of a hepatitis	41
virus, or is infected with tuberculosis and with intent to harass,	42
annoy, threaten, or alarm another person, shall cause or attempt	43
to cause the other person to come into contact with blood, semen,	44
urine, feces, or another bodily substance by throwing the bodily	45
substance at the other person, by expelling the bodily substance	46
upon the other person, or in any other manner.	47

(C)(D) Whoever violates this section is guilty of harassment	48
by an inmatewith a bodily substance. A violation of division (A)	49
or (B) of this section is a felony of the fifth degree. A	50
violation of division (B)(C) of this section is a felony of the	51
third degree.	52

(D)(E)(1) The court, on request of the prosecutor, or the law	53
enforcement authority responsible for the investigation of the	54
violation, shall cause a person who allegedly has committed a	55
violation of this section to submit to one or more appropriate	56
tests to determine if the person is a carrier of the virus that	57
causes acquired immunodeficiency syndrome, is a carrier of a	58
hepatitis virus, or is infected with tuberculosis.	59

(2) The court shall charge the offender with the costs of the	60
test or tests ordered under division (D)(E)(1) of this section	61
unless the court determines that the accused is unable to pay, in	62
which case the costs shall be charged to whichever of the	63
following is applicable:	64

(a) If the alleged offense occurred in a detention facility,	65
the entity that operates the detention facility in which the	66
alleged offense occurred;	67

(b) If the alleged offense occurred outside of a detention	68
facility, the law enforcement authority responsible for the	69
investigation of the violation.	70

(E)(F) This section does not apply to a person who is	71
hospitalized, institutionalized, or confined in a facility	72
operated by the department of mental health or the department of	73
mental retardation and developmental disabilities.	74

Sec. 2929.14.  (A) Except as provided in division (C),	75
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	76
section and except in relation to an offense for which a sentence	77
of death or life imprisonment is to be imposed, if the court	78
imposing a sentence upon an offender for a felony elects or is	79
required to impose a prison term on the offender pursuant to this	80
chapter, the court shall impose a definite prison term that shall	81
be one of the following:	82

(1) For a felony of the first degree, the prison term shall	83
be three, four, five, six, seven, eight, nine, or ten years.	84

(2) For a felony of the second degree, the prison term shall	85
be two, three, four, five, six, seven, or eight years.	86

(3) For a felony of the third degree, the prison term shall	87
be one, two, three, four, or five years.	88

(4) For a felony of the fourth degree, the prison term shall	89
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	90
fourteen, fifteen, sixteen, seventeen, or eighteen months.	91

(5) For a felony of the fifth degree, the prison term shall	92
be six, seven, eight, nine, ten, eleven, or twelve months.	93

(B) Except as provided in division (C), (D)(1), (D)(2),	94
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	95
of the Revised Code, or in Chapter 2925. of the Revised Code, if	96
the court imposing a sentence upon an offender for a felony elects	97
or is required to impose a prison term on the offender, the court	98
shall impose the shortest prison term authorized for the offense	99
pursuant to division (A) of this section, unless one or more of	100
the following applies:	101

(1) The offender was serving a prison term at the time of the	102
offense, or the offender previously had served a prison term.	103

(2) The court finds on the record that the shortest prison	104
term will demean the seriousness of the offender's conduct or will	105
not adequately protect the public from future crime by the	106
offender or others.	107

(C) Except as provided in division (G) of this section or in	108
Chapter 2925. of the Revised Code, the court imposing a sentence	109
upon an offender for a felony may impose the longest prison term	110
authorized for the offense pursuant to division (A) of this	111
section only upon offenders who committed the worst forms of the	112
offense, upon offenders who pose the greatest likelihood of	113
committing future crimes, upon certain major drug offenders under	114
division (D)(3) of this section, and upon certain repeat violent	115
offenders in accordance with division (D)(2) of this section.	116

(D)(1)(a) Except as provided in division (D)(1)(e) of this	117
section, if an offender who is convicted of or pleads guilty to a	118
felony also is convicted of or pleads guilty to a specification of	119
the type described in section 2941.141, 2941.144, or 2941.145 of	120
the Revised Code, the court shall impose on the offender one of	121
the following prison terms:	122

(i) A prison term of six years if the specification is of the	123
type described in section 2941.144 of the Revised Code that	124
charges the offender with having a firearm that is an automatic	125
firearm or that was equipped with a firearm muffler or silencer on	126
or about the offender's person or under the offender's control	127
while committing the felony;	128

(ii) A prison term of three years if the specification is of	129
the type described in section 2941.145 of the Revised Code that	130
charges the offender with having a firearm on or about the	131
offender's person or under the offender's control while committing	132
the offense and displaying the firearm, brandishing the firearm,	133
indicating that the offender possessed the firearm, or using it to	134
facilitate the offense;	135

(iii) A prison term of one year if the specification is of	136
the type described in section 2941.141 of the Revised Code that	137
charges the offender with having a firearm on or about the	138
offender's person or under the offender's control while committing	139
the felony.	140

(b) If a court imposes a prison term on an offender under	141
division (D)(1)(a) of this section, the prison term shall not be	142
reduced pursuant to section 2929.20, section 2967.193, or any	143
other provision of Chapter 2967. or Chapter 5120. of the Revised	144
Code. A court shall not impose more than one prison term on an	145
offender under division (D)(1)(a) of this section for felonies	146
committed as part of the same act or transaction.	147

(c) Except as provided in division (D)(1)(e) of this section,	148
if an offender who is convicted of or pleads guilty to a violation	149
of section 2923.161 of the Revised Code or to a felony that	150
includes, as an essential element, purposely or knowingly causing	151
or attempting to cause the death of or physical harm to another,	152
also is convicted of or pleads guilty to a specification of the	153
type described in section 2941.146 of the Revised Code that	154
charges the offender with committing the offense by discharging a	155
firearm from a motor vehicle other than a manufactured home, the	156
court, after imposing a prison term on the offender for the	157
violation of section 2923.161 of the Revised Code or for the other	158
felony offense under division (A), (D)(2), or (D)(3) of this	159
section, shall impose an additional prison term of five years upon	160
the offender that shall not be reduced pursuant to section	161
2929.20, section 2967.193, or any other provision of Chapter 2967.	162
or Chapter 5120. of the Revised Code. A court shall not impose	163
more than one additional prison term on an offender under division	164
(D)(1)(c) of this section for felonies committed as part of the	165
same act or transaction. If a court imposes an additional prison	166
term on an offender under division (D)(1)(c) of this section	167
relative to an offense, the court also shall impose a prison term	168
under division (D)(1)(a) of this section relative to the same	169
offense, provided the criteria specified in that division for	170
imposing an additional prison term are satisfied relative to the	171
offender and the offense.	172

(d) If an offender who is convicted of or pleads guilty to	173
an offense of violence that is a felony also is convicted of or	174
pleads guilty to a specification of the type described in section	175
2941.1411 of the Revised Code that charges the offender with	176
wearing or carrying body armor while committing the felony offense	177
of violence, the court shall impose on the offender a prison term	178
of two years. The prison term so imposed shall not be reduced	179
pursuant to section 2929.20, section 2967.193, or any other	180
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	181
court shall not impose more than one prison term on an offender	182
under division (D)(1)(d) of this section for felonies committed as	183
part of the same act or transaction. If a court imposes an	184
additional prison term under division (D)(1)(a) or (c) of this	185
section, the court is not precluded from imposing an additional	186
prison term under division (D)(1)(d) of this section.	187

(e) The court shall not impose any of the prison terms	188
described in division (D)(1)(a) of this section or any of the	189
additional prison terms described in division (D)(1)(c) of this	190
section upon an offender for a violation of section 2923.12 or	191
2923.123 of the Revised Code. The court shall not impose any of	192
the prison terms described in division (D)(1)(a) of this section	193
or any of the additional prison terms described in division	194
(D)(1)(c) of this section upon an offender for a violation of	195
section 2923.13 of the Revised Code unless all of the following	196
apply:	197

(i) The offender previously has been convicted of aggravated	198
murder, murder, or any felony of the first or second degree.	199

(ii) Less than five years have passed since the offender was	200
released from prison or post-release control, whichever is later,	201
for the prior offense.	202

(f) If an offender is convicted of or pleads guilty to a	203
felony that includes, as an essential element, causing or	204
attempting to cause the death of or physical harm to another and	205
also is convicted of or pleads guilty to a specification of the	206
type described in section 2941.1412 of the Revised Code that	207
charges the offender with committing the offense by discharging a	208
firearm at a peace officer as defined in section 2935.01 of the	209
Revised Code or a corrections officer as defined in section	210
2941.1412 of the Revised Code, the court, after imposing a prison	211
term on the offender for the felony offense under division (A),	212
(D)(2), or (D)(3) of this section, shall impose an additional	213
prison term of seven years upon the offender that shall not be	214
reduced pursuant to section 2929.20, section 2967.193, or any	215
other provision of Chapter 2967. or Chapter 5120. of the Revised	216
Code. A court shall not impose more than one additional prison	217
term on an offender under division (D)(1)(f) of this section for	218
felonies committed as part of the same act or transaction. If a	219
court imposes an additional prison term on an offender under	220
division (D)(1)(f) of this section relative to an offense, the	221
court shall not impose a prison term under division (D)(1)(a) or	222
(c) of this section relative to the same offense.	223

(2)(a) If an offender who is convicted of or pleads guilty to	224
a felony also is convicted of or pleads guilty to a specification	225
of the type described in section 2941.149 of the Revised Code that	226
the offender is a repeat violent offender, the court shall impose	227
a prison term from the range of terms authorized for the offense	228
under division (A) of this section that may be the longest term in	229
the range and that shall not be reduced pursuant to section	230
2929.20, section 2967.193, or any other provision of Chapter 2967.	231
or Chapter 5120. of the Revised Code. If the court finds that the	232
repeat violent offender, in committing the offense, caused any	233
physical harm that carried a substantial risk of death to a person	234
or that involved substantial permanent incapacity or substantial	235
permanent disfigurement of a person, the court shall impose the	236
longest prison term from the range of terms authorized for the	237
offense under division (A) of this section.	238

(b) If the court imposing a prison term on a repeat violent	239
offender imposes the longest prison term from the range of terms	240
authorized for the offense under division (A) of this section, the	241
court may impose on the offender an additional definite prison	242
term of one, two, three, four, five, six, seven, eight, nine, or	243
ten years if the court finds that both of the following apply with	244
respect to the prison terms imposed on the offender pursuant to	245
division (D)(2)(a) of this section and, if applicable, divisions	246
(D)(1) and (3) of this section:	247

(i) The terms so imposed are inadequate to punish the	248
offender and protect the public from future crime, because the	249
applicable factors under section 2929.12 of the Revised Code	250
indicating a greater likelihood of recidivism outweigh the	251
applicable factors under that section indicating a lesser	252
likelihood of recidivism.	253

(ii) The terms so imposed are demeaning to the seriousness of	254
the offense, because one or more of the factors under section	255
2929.12 of the Revised Code indicating that the offender's conduct	256
is more serious than conduct normally constituting the offense are	257
present, and they outweigh the applicable factors under that	258
section indicating that the offender's conduct is less serious	259
than conduct normally constituting the offense.	260

(3)(a) Except when an offender commits a violation of section	261
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	262
the violation is life imprisonment or commits a violation of	263
section 2903.02 of the Revised Code, if the offender commits a	264
violation of section 2925.03 or 2925.11 of the Revised Code and	265
that section classifies the offender as a major drug offender and	266
requires the imposition of a ten-year prison term on the offender,	267
if the offender commits a felony violation of section 2925.02,	268
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	269
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	270
division (C) of section 4729.51, or division (J) of section	271
4729.54 of the Revised Code that includes the sale, offer to sell,	272
or possession of a schedule I or II controlled substance, with the	273
exception of marihuana, and the court imposing sentence upon the	274
offender finds that the offender is guilty of a specification of	275
the type described in section 2941.1410 of the Revised Code	276
charging that the offender is a major drug offender, if the court	277
imposing sentence upon an offender for a felony finds that the	278
offender is guilty of corrupt activity with the most serious	279
offense in the pattern of corrupt activity being a felony of the	280
first degree, or if the offender is guilty of an attempted	281
violation of section 2907.02 of the Revised Code and, had the	282
offender completed the violation of section 2907.02 of the Revised	283
Code that was attempted, the offender would have been subject to a	284
sentence of life imprisonment or life imprisonment without parole	285
for the violation of section 2907.02 of the Revised Code, the	286
court shall impose upon the offender for the felony violation a	287
ten-year prison term that cannot be reduced pursuant to section	288
2929.20 or Chapter 2967. or 5120. of the Revised Code.	289

(b) The court imposing a prison term on an offender under	290
division (D)(3)(a) of this section may impose an additional prison	291
term of one, two, three, four, five, six, seven, eight, nine, or	292
ten years, if the court, with respect to the term imposed under	293
division (D)(3)(a) of this section and, if applicable, divisions	294
(D)(1) and (2) of this section, makes both of the findings set	295
forth in divisions (D)(2)(b)(i) and (ii) of this section.	296

(4) If the offender is being sentenced for a third or fourth	297
degree felony OVI offense under division (G)(2) of section 2929.13	298
of the Revised Code, the sentencing court shall impose upon the	299
offender a mandatory prison term in accordance with that division.	300
In addition to the mandatory prison term, if the offender is being	301
sentenced for a fourth degree felony OVI offense, the court,	302
notwithstanding division (A)(4) of this section, may sentence the	303
offender to a definite prison term of not less than six months and	304
not more than thirty months, and if the offender is being	305
sentenced for a third degree felony OVI offense, the sentencing	306
court may sentence the offender to an additional prison term of	307
any duration specified in division (A)(3) of this section. In	308
either case, the additional prison term imposed shall be reduced	309
by the sixty or one hundred twenty days imposed upon the offender	310
as the mandatory prison term. The total of the additional prison	311
term imposed under division (D)(4) of this section plus the sixty	312
or one hundred twenty days imposed as the mandatory prison term	313
shall equal a definite term in the range of six months to thirty	314
months for a fourth degree felony OVI offense and shall equal one	315
of the authorized prison terms specified in division (A)(3) of	316
this section for a third degree felony OVI offense. If the court	317
imposes an additional prison term under division (D)(4) of this	318
section, the offender shall serve the additional prison term after	319
the offender has served the mandatory prison term required for the	320
offense. In addition to the mandatory prison term or mandatory and	321
additional prison term imposed as described in division (D)(4) of	322
this section, the court also may sentence the offender to a	323
community control sanction under section 2929.16 or 2929.17 of the	324
Revised Code, but the offender shall serve all of the prison terms	325
so imposed prior to serving the community control sanction.	326

If the offender is being sentenced for a fourth degree felony	327
OVI offense under division (G)(1) of section 2929.13 of the	328
Revised Code and the court imposes a mandatory term of local	329
incarceration, the court may impose a prison term as described in	330
division (A)(1) of that section.	331

(5) If an offender is convicted of or pleads guilty to a	332
violation of division (A)(1) or (2) of section 2903.06 of the	333
Revised Code and also is convicted of or pleads guilty to a	334
specification of the type described in section 2941.1414 of the	335
Revised Code that charges that the victim of the offense is a	336
peace officer, as defined in section 2935.01 of the Revised Code,	337
the court shall impose on the offender a prison term of five	338
years. If a court imposes a prison term on an offender under	339
division (D)(5) of this section, the prison term shall not be	340
reduced pursuant to section 2929.20, section 2967.193, or any	341
other provision of Chapter 2967. or Chapter 5120. of the Revised	342
Code. A court shall not impose more than one prison term on an	343
offender under division (D)(5) of this section for felonies	344
committed as part of the same act.	345

(6) If an offender is convicted of or pleads guilty to a	346
violation of division (A)(1) or (2) of section 2903.06 of the	347
Revised Code and also is convicted of or pleads guilty to a	348
specification of the type described in section 2941.1415 of the	349
Revised Code that charges that the offender previously has been	350
convicted of or pleaded guilty to three or more violations of	351
division (A) or (B) of section 4511.19 of the Revised Code or an	352
equivalent offense, as defined in section 2941.1415 of the Revised	353
Code, or three or more violations of any combination of those	354
divisions and offenses, the court shall impose on the offender a	355
prison term of three years. If a court imposes a prison term on an	356
offender under division (D)(6) of this section, the prison term	357
shall not be reduced pursuant to section 2929.20, section	358
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	359
of the Revised Code. A court shall not impose more than one prison	360
term on an offender under division (D)(6) of this section for	361
felonies committed as part of the same act.	362

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	363
mandatory prison term is imposed upon an offender pursuant to	364
division (D)(1)(a) of this section for having a firearm on or	365
about the offender's person or under the offender's control while	366
committing a felony, if a mandatory prison term is imposed upon an	367
offender pursuant to division (D)(1)(c) of this section for	368
committing a felony specified in that division by discharging a	369
firearm from a motor vehicle, or if both types of mandatory prison	370
terms are imposed, the offender shall serve any mandatory prison	371
term imposed under either division consecutively to any other	372
mandatory prison term imposed under either division or under	373
division (D)(1)(d) of this section, consecutively to and prior to	374
any prison term imposed for the underlying felony pursuant to	375
division (A), (D)(2), or (D)(3) of this section or any other	376
section of the Revised Code, and consecutively to any other prison	377
term or mandatory prison term previously or subsequently imposed	378
upon the offender.	379

(b) If a mandatory prison term is imposed upon an offender	380
pursuant to division (D)(1)(d) of this section for wearing or	381
carrying body armor while committing an offense of violence that	382
is a felony, the offender shall serve the mandatory term so	383
imposed consecutively to any other mandatory prison term imposed	384
under that division or under division (D)(1)(a) or (c) of this	385
section, consecutively to and prior to any prison term imposed for	386
the underlying felony under division (A), (D)(2), or (D)(3) of	387
this section or any other section of the Revised Code, and	388
consecutively to any other prison term or mandatory prison term	389
previously or subsequently imposed upon the offender.	390

(c) If a mandatory prison term is imposed upon an offender	391
pursuant to division (D)(1)(f) of this section, the offender shall	392
serve the mandatory prison term so imposed consecutively to and	393
prior to any prison term imposed for the underlying felony under	394
division (A), (D)(2), or (D)(3) of this section or any other	395
section of the Revised Code, and consecutively to any other prison	396
term or mandatory prison term previously or subsequently imposed	397
upon the offender.	398

(2) If an offender who is an inmate in a jail, prison, or	399
other residential detention facility violates section 2917.02,	400
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	401
who is under detention at a detention facility commits a felony	402
violation of section 2923.131 of the Revised Code, or if an	403
offender who is an inmate in a jail, prison, or other residential	404
detention facility or is under detention at a detention facility	405
commits another felony while the offender is an escapee in	406
violation of section 2921.34 of the Revised Code, any prison term	407
imposed upon the offender for one of those violations shall be	408
served by the offender consecutively to the prison term or term of	409
imprisonment the offender was serving when the offender committed	410
that offense and to any other prison term previously or	411
subsequently imposed upon the offender.	412

(3) If a prison term is imposed for a violation of division	413
(B) of section 2911.01 of the Revised Code, a violation of	414
division (A) of section 2913.02 of the Revised Code in which the	415
stolen property is a firearm or dangerous ordnance, or a felony	416
violation of division (B) of section 2921.331 of the Revised Code,	417
the offender shall serve that prison term consecutively to any	418
other prison term or mandatory prison term previously or	419
subsequently imposed upon the offender.	420

(4) If multiple prison terms are imposed on an offender for	421
convictions of multiple offenses, the court may require the	422
offender to serve the prison terms consecutively if the court	423
finds that the consecutive service is necessary to protect the	424
public from future crime or to punish the offender and that	425
consecutive sentences are not disproportionate to the seriousness	426
of the offender's conduct and to the danger the offender poses to	427
the public, and if the court also finds any of the following:	428

(a) The offender committed one or more of the multiple	429
offenses while the offender was awaiting trial or sentencing, was	430
under a sanction imposed pursuant to section 2929.16, 2929.17, or	431
2929.18 of the Revised Code, or was under post-release control for	432
a prior offense.	433

(b) At least two of the multiple offenses were committed as	434
part of one or more courses of conduct, and the harm caused by two	435
or more of the multiple offenses so committed was so great or	436
unusual that no single prison term for any of the offenses	437
committed as part of any of the courses of conduct adequately	438
reflects the seriousness of the offender's conduct.	439

(c) The offender's history of criminal conduct demonstrates	440
that consecutive sentences are necessary to protect the public	441
from future crime by the offender.	442

(5) If a mandatory prison term is imposed upon an offender	443
pursuant to division (D)(5) or (6) of this section, the offender	444
shall serve the mandatory prison term consecutively to and prior	445
to any prison term imposed for the underlying violation of	446
division (A)(1) or (2) of section 2903.06 of the Revised Code	447
pursuant to division (A) of this section. If a mandatory prison	448
term is imposed upon an offender pursuant to division (D)(5) of	449
this section, and if a mandatory prison term also is imposed upon	450
the offender pursuant to division (D)(6) of this section in	451
relation to the same violation, the offender shall serve the	452
mandatory prison term imposed pursuant to division (D)(5) of this	453
section consecutively to and prior to the mandatory prison term	454
imposed pursuant to division (D)(6) of this section and	455
consecutively to and prior to any prison term imposed for the	456
underlying violation of division (A)(1) or (2) of section 2903.06	457
of the Revised Code pursuant to division (A) of this section.	458

(6) When consecutive prison terms are imposed pursuant to	459
division (E)(1), (2), (3), (4), or (5) of this section, the term	460
to be served is the aggregate of all of the terms so imposed.	461

(F) If a court imposes a prison term of a type described in	462
division (B) of section 2967.28 of the Revised Code, it shall	463
include in the sentence a requirement that the offender be subject	464
to a period of post-release control after the offender's release	465
from imprisonment, in accordance with that division. IfRegardless	466
of whether the court imposed the sentence including the prison	467
term prior to, on, or after the effective date of this amendment,	468
the failure of a court to include a post-release control	469
requirement in the sentence pursuant to this division does not	470
negate, limit, or otherwise effect the mandatory period of	471
post-release control that is required for the offender under	472
division (B) of section 2967.28 of the Revised Code.	473

If a court imposes a prison term of a type described in	474
division (C) of that section 2967.28 of the Revised Code, it shall	475
include in the sentence a requirement that the offender be subject	476
to a period of post-release control after the offender's release	477
from imprisonment, in accordance with that division, if the parole	478
board determines that a period of post-release control is	479
necessary.	480

(G) If a person is convicted of or pleads guilty to a violent	481
sex offense or a designated homicide, assault, or kidnapping	482
offense and, in relation to that offense, the offender is	483
adjudicated a sexually violent predator, the court shall impose	484
sentence upon the offender in accordance with section 2971.03 of	485
the Revised Code, and Chapter 2971. of the Revised Code applies	486
regarding the prison term or term of life imprisonment without	487
parole imposed upon the offender and the service of that term of	488
imprisonment.	489

(H) If a person who has been convicted of or pleaded guilty	490
to a felony is sentenced to a prison term or term of imprisonment	491
under this section, sections 2929.02 to 2929.06 of the Revised	492
Code, section 2971.03 of the Revised Code, or any other provision	493
of law, section 5120.163 of the Revised Code applies regarding the	494
person while the person is confined in a state correctional	495
institution.	496

(I) If an offender who is convicted of or pleads guilty to a	497
felony that is an offense of violence also is convicted of or	498
pleads guilty to a specification of the type described in section	499
2941.142 of the Revised Code that charges the offender with having	500
committed the felony while participating in a criminal gang, the	501
court shall impose upon the offender an additional prison term of	502
one, two, or three years.	503

(J) If an offender who is convicted of or pleads guilty to	504
aggravated murder, murder, or a felony of the first, second, or	505
third degree that is an offense of violence also is convicted of	506
or pleads guilty to a specification of the type described in	507
section 2941.143 of the Revised Code that charges the offender	508
with having committed the offense in a school safety zone or	509
towards a person in a school safety zone, the court shall impose	510
upon the offender an additional prison term of two years. The	511
offender shall serve the additional two years consecutively to and	512
prior to the prison term imposed for the underlying offense.	513

(K) At the time of sentencing, the court may recommend the	514
offender for placement in a program of shock incarceration under	515
section 5120.031 of the Revised Code or for placement in an	516
intensive program prison under section 5120.032 of the Revised	517
Code, disapprove placement of the offender in a program of shock	518
incarceration or an intensive program prison of that nature, or	519
make no recommendation on placement of the offender. In no case	520
shall the department of rehabilitation and correction place the	521
offender in a program or prison of that nature unless the	522
department determines as specified in section 5120.031 or 5120.032	523
of the Revised Code, whichever is applicable, that the offender is	524
eligible for the placement.	525

If the court disapproves placement of the offender in a	526
program or prison of that nature, the department of rehabilitation	527
and correction shall not place the offender in any program of	528
shock incarceration or intensive program prison.	529

If the court recommends placement of the offender in a	530
program of shock incarceration or in an intensive program prison,	531
and if the offender is subsequently placed in the recommended	532
program or prison, the department shall notify the court of the	533
placement and shall include with the notice a brief description of	534
the placement.	535

If the court recommends placement of the offender in a	536
program of shock incarceration or in an intensive program prison	537
and the department does not subsequently place the offender in the	538
recommended program or prison, the department shall send a notice	539
to the court indicating why the offender was not placed in the	540
recommended program or prison.	541

If the court does not make a recommendation under this	542
division with respect to an offender and if the department	543
determines as specified in section 5120.031 or 5120.032 of the	544
Revised Code, whichever is applicable, that the offender is	545
eligible for placement in a program or prison of that nature, the	546
department shall screen the offender and determine if there is an	547
available program of shock incarceration or an intensive program	548
prison for which the offender is suited. If there is an available	549
program of shock incarceration or an intensive program prison for	550
which the offender is suited, the department shall notify the	551
court of the proposed placement of the offender as specified in	552
section 5120.031 or 5120.032 of the Revised Code and shall include	553
with the notice a brief description of the placement. The court	554
shall have ten days from receipt of the notice to disapprove the	555
placement.	556

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	557
hearing before imposing a sentence under this chapter upon an	558
offender who was convicted of or pleaded guilty to a felony and	559
before resentencing an offender who was convicted of or pleaded	560
guilty to a felony and whose case was remanded pursuant to section	561
2953.07 or 2953.08 of the Revised Code. At the hearing, the	562
offender, the prosecuting attorney, the victim or the victim's	563
representative in accordance with section 2930.14 of the Revised	564
Code, and, with the approval of the court, any other person may	565
present information relevant to the imposition of sentence in the	566
case. The court shall inform the offender of the verdict of the	567
jury or finding of the court and ask the offender whether the	568
offender has anything to say as to why sentence should not be	569
imposed upon the offender.	570

(2) Except as otherwise provided in this division, before	571
imposing sentence on an offender who is being sentenced on or	572
after January 1, 1997, for a sexually oriented offense that is not	573
a registration-exempt sexually oriented offense and who is in any	574
category of offender described in division (B)(1)(a)(i), (ii), or	575
(iii) of section 2950.09 of the Revised Code, the court shall	576
conduct a hearing in accordance with division (B) of section	577
2950.09 of the Revised Code to determine whether the offender is a	578
sexual predator. The court shall not conduct a hearing under that	579
division if the offender is being sentenced for a violent sex	580
offense or a designated homicide, assault, or kidnapping offense	581
and, in relation to that offense, the offender was adjudicated a	582
sexually violent predator. Before imposing sentence on an offender	583
who is being sentenced for a sexually oriented offense that is not	584
a registration-exempt sexually oriented offense, the court also	585
shall comply with division (E) of section 2950.09 of the Revised	586
Code.	587

Before imposing sentence on or after July 31, 2003, on an	588
offender who is being sentenced for a child-victim oriented	589
offense, regardless of when the offense was committed, the court	590
shall conduct a hearing in accordance with division (B) of section	591
2950.091 of the Revised Code to determine whether the offender is	592
a child-victim predator. Before imposing sentence on an offender	593
who is being sentenced for a child-victim oriented offense, the	594
court also shall comply with division (E) of section 2950.091 of	595
the Revised Code.	596

(B)(1) At the sentencing hearing, the court, before imposing	597
sentence, shall consider the record, any information presented at	598
the hearing by any person pursuant to division (A) of this	599
section, and, if one was prepared, the presentence investigation	600
report made pursuant to section 2951.03 of the Revised Code or	601
Criminal Rule 32.2, and any victim impact statement made pursuant	602
to section 2947.051 of the Revised Code.	603

(2) The court shall impose a sentence and shall make a	604
finding that gives its reasons for selecting the sentence imposed	605
in any of the following circumstances:	606

(a) Unless the offense is a violent sex offense or designated	607
homicide, assault, or kidnapping offense for which the court is	608
required to impose sentence pursuant to division (G) of section	609
2929.14 of the Revised Code, if it imposes a prison term for a	610
felony of the fourth or fifth degree or for a felony drug offense	611
that is a violation of a provision of Chapter 2925. of the Revised	612
Code and that is specified as being subject to division (B) of	613
section 2929.13 of the Revised Code for purposes of sentencing,	614
its reasons for imposing the prison term, based upon the	615
overriding purposes and principles of felony sentencing set forth	616
in section 2929.11 of the Revised Code, and any factors listed in	617
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	618
that it found to apply relative to the offender.	619

(b) If it does not impose a prison term for a felony of the	620
first or second degree or for a felony drug offense that is a	621
violation of a provision of Chapter 2925. of the Revised Code and	622
for which a presumption in favor of a prison term is specified as	623
being applicable, its reasons for not imposing the prison term and	624
for overriding the presumption, based upon the overriding purposes	625
and principles of felony sentencing set forth in section 2929.11	626
of the Revised Code, and the basis of the findings it made under	627
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	628

(c) If it imposes consecutive sentences under section 2929.14	629
of the Revised Code, its reasons for imposing the consecutive	630
sentences;	631

(d) If the sentence is for one offense and it imposes a	632
prison term for the offense that is the maximum prison term	633
allowed for that offense by division (A) of section 2929.14 of the	634
Revised Code, its reasons for imposing the maximum prison term;	635

(e) If the sentence is for two or more offenses arising out	636
of a single incident and it imposes a prison term for those	637
offenses that is the maximum prison term allowed for the offense	638
of the highest degree by division (A) of section 2929.14 of the	639
Revised Code, its reasons for imposing the maximum prison term.	640

(3) Subject to division (B)(4) of this section, if the	641
sentencing court determines at the sentencing hearing that a	642
prison term is necessary or required, the court shall do all of	643
the following:	644

(a) Impose a stated prison term;

645

(b) Notify the offender that, as part of the sentence, the	646
parole board may extend the stated prison term for certain	647
violations of prison rules for up to one-half of the stated prison	648
term;	649

(c) Notify the offender that the offender will be supervised	650
under section 2967.28 of the Revised Code after the offender	651
leaves prison if the offender is being sentenced for a felony of	652
the first degree or second degree, for a felony sex offense, or	653
for a felony of the third degree that is not a felony sex offense	654
and in the commission of which the offender caused or threatened	655
to cause physical harm to a person;. Regardless of whether the	656
court imposed the sentence including the prison term prior to, on,	657
or after the effective date of this amendment, the failure of a	658
court to notify the offender pursuant to division (B)(3)(c) of	659
this section that the offender will be supervised under section	660
2967.28 of the Revised Code after the offender leaves prison or to	661
include in the judgment of conviction entered on the journal a	662
statement that the offender will be so supervised does not negate,	663
limit, or otherwise effect the mandatory period of supervision	664
that is required for the offender under division (B) of section	665
2967.28 of the Revised Code.	666

(d) Notify the offender that the offender may be supervised	667
under section 2967.28 of the Revised Code after the offender	668
leaves prison if the offender is being sentenced for a felony of	669
the third, fourth, or fifth degree that is not subject to division	670
(B)(3)(c) of this section;	671

(e) Notify the offender that, if a period of supervision is	672
imposed following the offender's release from prison, as described	673
in division (B)(3)(c) or (d) of this section, and if the offender	674
violates that supervision or a condition of post-release control	675
imposed under division (B) of section 2967.131 of the Revised	676
Code, the parole board may impose a prison term, as part of the	677
sentence, of up to one-half of the stated prison term originally	678
imposed upon the offender;. Regardless of whether the court	679
imposed the sentence including the prison term prior to, on, or	680
after the effective date of this amendment, the failure of a court	681
to notify the offender pursuant to division (B)(3)(e) of this	682
section that the parole board may impose a prison term as	683
described in division (B)(3)(e) of this section for a violation of	684
that supervision or a condition of post-release control imposed	685
under division (B) of section 2967.131 of the Revised Code or to	686
include in the judgment of conviction entered on the journal a	687
statement that the parole board may impose a prison term as	688
described in division (B)(3)(e) of this section for a violation of	689
that supervision or a condition of post-release control does not	690
negate, limit, or otherwise effect the authority of the parole	691
board to so impose a prison term for a violation of that nature	692
if, pursuant to division (D)(1) of section 2967.28 of the Revised	693
Code, the parole board notifies the offender prior to the	694
offender's release of the board's authority to so impose a prison	695
term.	696

(f) Require that the offender not ingest or be injected with	697
a drug of abuse and submit to random drug testing as provided in	698
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	699
is applicable to the offender who is serving a prison term, and	700
require that the results of the drug test administered under any	701
of those sections indicate that the offender did not ingest or was	702
not injected with a drug of abuse.	703

(4) If the offender is being sentenced for a violent sex	704
offense or designated homicide, assault, or kidnapping offense	705
that the offender committed on or after January 1, 1997, and the	706
offender is adjudicated a sexually violent predator in relation to	707
that offense, if the offender is being sentenced for a sexually	708
oriented offense that is not a registration-exempt sexually	709
oriented offense and that the offender committed on or after	710
January 1, 1997, and the court imposing the sentence has	711
determined pursuant to division (B) of section 2950.09 of the	712
Revised Code that the offender is a sexual predator, if the	713
offender is being sentenced on or after July 31, 2003, for a	714
child-victim oriented offense and the court imposing the sentence	715
has determined pursuant to division (B) of section 2950.091 of the	716
Revised Code that the offender is a child-victim predator, or if	717
the offender is being sentenced for an aggravated sexually	718
oriented offense as defined in section 2950.01 of the Revised	719
Code, the court shall include in the offender's sentence a	720
statement that the offender has been adjudicated a sexual	721
predator, has been adjudicated a child victim predator, or has	722
been convicted of or pleaded guilty to an aggravated sexually	723
oriented offense, whichever is applicable, and shall comply with	724
the requirements of section 2950.03 of the Revised Code.	725
Additionally, in the circumstances described in division (G) of	726
section 2929.14 of the Revised Code, the court shall impose	727
sentence on the offender as described in that division.	728

(5) If the sentencing court determines at the sentencing	729
hearing that a community control sanction should be imposed and	730
the court is not prohibited from imposing a community control	731
sanction, the court shall impose a community control sanction. The	732
court shall notify the offender that, if the conditions of the	733
sanction are violated, if the offender commits a violation of any	734
law, or if the offender leaves this state without the permission	735
of the court or the offender's probation officer, the court may	736
impose a longer time under the same sanction, may impose a more	737
restrictive sanction, or may impose a prison term on the offender	738
and shall indicate the specific prison term that may be imposed as	739
a sanction for the violation, as selected by the court from the	740
range of prison terms for the offense pursuant to section 2929.14	741
of the Revised Code.	742

(6) Before imposing a financial sanction under section	743
2929.18 of the Revised Code or a fine under section 2929.32 of the	744
Revised Code, the court shall consider the offender's present and	745
future ability to pay the amount of the sanction or fine.	746

(7) If the sentencing court sentences the offender to a	747
sanction of confinement pursuant to section 2929.14 or 2929.16 of	748
the Revised Code that is to be served in a local detention	749
facility, as defined in section 2929.36 of the Revised Code, and	750
if the local detention facility is covered by a policy adopted	751
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	752
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	753
and section 2929.37 of the Revised Code, both of the following	754
apply:	755

(a) The court shall specify both of the following as part of	756
the sentence:	757

(i) If the offender is presented with an itemized bill	758
pursuant to section 2929.37 of the Revised Code for payment of the	759
costs of confinement, the offender is required to pay the bill in	760
accordance with that section.	761

(ii) If the offender does not dispute the bill described in	762
division (B)(7)(a)(i) of this section and does not pay the bill by	763
the times specified in section 2929.37 of the Revised Code, the	764
clerk of the court may issue a certificate of judgment against the	765
offender as described in that section.	766

(b) The sentence automatically includes any certificate of	767
judgment issued as described in division (B)(7)(a)(ii) of this	768
section.	769

(C)(1) If the offender is being sentenced for a fourth degree	770
felony OVI offense under division (G)(1) of section 2929.13 of the	771
Revised Code, the court shall impose the mandatory term of local	772
incarceration in accordance with that division, shall impose a	773
mandatory fine in accordance with division (B)(3) of section	774
2929.18 of the Revised Code, and, in addition, may impose	775
additional sanctions as specified in sections 2929.15, 2929.16,	776
2929.17, and 2929.18 of the Revised Code. The court shall not	777
impose a prison term on the offender except that the court may	778
impose a prison term upon the offender as provided in division	779
(A)(1) of section 2929.13 of the Revised Code.	780

(2) If the offender is being sentenced for a third or fourth	781
degree felony OVI offense under division (G)(2) of section 2929.13	782
of the Revised Code, the court shall impose the mandatory prison	783
term in accordance with that division, shall impose a mandatory	784
fine in accordance with division (B)(3) of section 2929.18 of the	785
Revised Code, and, in addition, may impose an additional prison	786
term as specified in section 2929.14 of the Revised Code. In	787
addition to the mandatory prison term or mandatory prison term and	788
additional prison term the court imposes, the court also may	789
impose a community control sanction on the offender, but the	790
offender shall serve all of the prison terms so imposed prior to	791
serving the community control sanction.	792

(D) The sentencing court, pursuant to division (K) of section	793
2929.14 of the Revised Code, may recommend placement of the	794
offender in a program of shock incarceration under section	795
5120.031 of the Revised Code or an intensive program prison under	796
section 5120.032 of the Revised Code, disapprove placement of the	797
offender in a program or prison of that nature, or make no	798
recommendation. If the court recommends or disapproves placement,	799
it shall make a finding that gives its reasons for its	800
recommendation or disapproval.	801

Sec. 2967.28.  (A) As used in this section:

802

(1) "Monitored time" means the monitored time sanction	803
specified in section 2929.17 of the Revised Code.	804

(2) "Deadly weapon" and "dangerous ordnance" have the same	805
meanings as in section 2923.11 of the Revised Code.	806

(3) "Felony sex offense" means a violation of a section	807
contained in Chapter 2907. of the Revised Code that is a felony.	808

(B) Each sentence to a prison term for a felony of the first	809
degree, for a felony of the second degree, for a felony sex	810
offense, or for a felony of the third degree that is not a felony	811
sex offense and in the commission of which the offender caused or	812
threatened to cause physical harm to a person shall include a	813
requirement that the offender be subject to a period of	814
post-release control imposed by the parole board after the	815
offender's release from imprisonment. Regardless of whether the	816
court imposed the sentence including the prison term prior to, on,	817
or after the effective date of this amendment, the failure of a	818
sentencing court to notify the offender pursuant to division	819
(B)(3)(c) of section 2929.19 of the Revised Code of this	820
requirement or to include in the judgment of conviction entered on	821
the journal a statement that the offender's sentence includes this	822
requirement does not negate, limit, or otherwise effect the	823
mandatory period of supervision that is required for the offender	824
under this division. Unless reduced by the parole board pursuant	825
to division (D) of this section when authorized under that	826
division, a period of post-release control required by this	827
division for an offender shall be of one of the following periods:	828

(1) For a felony of the first degree or for a felony sex	829
offense, five years;	830

(2) For a felony of the second degree that is not a felony	831
sex offense, three years;	832

(3) For a felony of the third degree that is not a felony sex	833
offense and in the commission of which the offender caused or	834
threatened physical harm to a person, three years.	835

(C) Any sentence to a prison term for a felony of the third,	836
fourth, or fifth degree that is not subject to division (B)(1) or	837
(3) of this section shall include a requirement that the offender	838
be subject to a period of post-release control of up to three	839
years after the offender's release from imprisonment, if the	840
parole board, in accordance with division (D) of this section,	841
determines that a period of post-release control is necessary for	842
that offender.	843

(D)(1) Before the prisoner is released from imprisonment, the	844
parole board shall impose upon a prisoner described in division	845
(B) of this section, may impose upon a prisoner described in	846
division (C) of this section, and shall impose upon a prisoner	847
described in division (B)(2)(b) of section 5120.031 or in division	848
(B)(1) of section 5120.032 of the Revised Code, one or more	849
post-release control sanctions to apply during the prisoner's	850
period of post-release control. Whenever the board imposes one or	851
more post-release control sanctions upon a prisoner, the board, in	852
addition to imposing the sanctions, also shall include as a	853
condition of the post-release control that the individual or felon	854
not leave the state without permission of the court or the	855
individual's or felon's parole or probation officer and that the	856
individual or felon abide by the law. The board may impose any	857
other conditions of release under a post-release control sanction	858
that the board considers appropriate, and the conditions of	859
release may include any community residential sanction, community	860
nonresidential sanction, or financial sanction that the sentencing	861
court was authorized to impose pursuant to sections 2929.16,	862
2929.17, and 2929.18 of the Revised Code. Prior to the release of	863
a prisoner for whom it will impose one or more post-release	864
control sanctions under this division, the parole board shall	865
review the prisoner's criminal history, all juvenile court	866
adjudications finding the prisoner, while a juvenile, to be a	867
delinquent child, and the record of the prisoner's conduct while	868
imprisoned. The parole board shall consider any recommendation	869
regarding post-release control sanctions for the prisoner made by	870
the office of victims' services. After considering those	871
materials, the board shall determine, for a prisoner described in	872
division (B) of this section, division (B)(2)(b) of section	873
5120.031, or division (B)(1) of section 5120.032 of the Revised	874
Code, which post-release control sanction or combination of	875
post-release control sanctions is reasonable under the	876
circumstances or, for a prisoner described in division (C) of this	877
section, whether a post-release control sanction is necessary and,	878
if so, which post-release control sanction or combination of	879
post-release control sanctions is reasonable under the	880
circumstances. In the case of a prisoner convicted of a felony of	881
the fourth or fifth degree other than a felony sex offense, the	882
board shall presume that monitored time is the appropriate	883
post-release control sanction unless the board determines that a	884
more restrictive sanction is warranted. A post-release control	885
sanction imposed under this division takes effect upon the	886
prisoner's release from imprisonment.	887

Prior to the release of a prisoner for whom it will impose	888
one or more post-release control sanctions under this division,	889
the parole board shall notify the prisoner that, if the prisoner	890
violates any sanction so imposed or any condition of post-release	891
control described in division (B) of section 2967.131 of the	892
Revised Code that is imposed on the prisoner, the parole board may	893
impose a prison term of up to one-half of the stated prison term	894
originally imposed upon the prisoner.	895

(2) At any time after a prisoner is released from	896
imprisonment and during the period of post-release control	897
applicable to the releasee, the adult parole authority may review	898
the releasee's behavior under the post-release control sanctions	899
imposed upon the releasee under this section. The authority may	900
determine, based upon the review and in accordance with the	901
standards established under division (E) of this section, that a	902
more restrictive or a less restrictive sanction is appropriate and	903
may impose a different sanction. Unless the period of post-release	904
control was imposed for an offense described in division (B)(1) of	905
this section, the authority also may recommend that the parole	906
board reduce the duration of the period of post-release control	907
imposed by the court. If the authority recommends that the board	908
reduce the duration of control for an offense described in	909
division (B)(2), (B)(3), or (C) of this section, the board shall	910
review the releasee's behavior and may reduce the duration of the	911
period of control imposed by the court. In no case shall the board	912
reduce the duration of the period of control imposed by the court	913
for an offense described in division (B)(1) of this section, and	914
in no case shall the board permit the releasee to leave the state	915
without permission of the court or the releasee's parole or	916
probation officer.	917

(E) The department of rehabilitation and correction, in	918
accordance with Chapter 119. of the Revised Code, shall adopt	919
rules that do all of the following:	920

(1) Establish standards for the imposition by the parole	921
board of post-release control sanctions under this section that	922
are consistent with the overriding purposes and sentencing	923
principles set forth in section 2929.11 of the Revised Code and	924
that are appropriate to the needs of releasees;	925

(2) Establish standards by which the parole board can	926
determine which prisoners described in division (C) of this	927
section should be placed under a period of post-release control;	928

(3) Establish standards to be used by the parole board in	929
reducing the duration of the period of post-release control	930
imposed by the court when authorized under division (D) of this	931
section, in imposing a more restrictive post-release control	932
sanction than monitored time upon a prisoner convicted of a felony	933
of the fourth or fifth degree other than a felony sex offense, or	934
in imposing a less restrictive control sanction upon a releasee	935
based on the releasee's activities including, but not limited to,	936
remaining free from criminal activity and from the abuse of	937
alcohol or other drugs, successfully participating in approved	938
rehabilitation programs, maintaining employment, and paying	939
restitution to the victim or meeting the terms of other financial	940
sanctions;	941

(4) Establish standards to be used by the adult parole	942
authority in modifying a releasee's post-release control sanctions	943
pursuant to division (D)(2) of this section;	944

(5) Establish standards to be used by the adult parole	945
authority or parole board in imposing further sanctions under	946
division (F) of this section on releasees who violate post-release	947
control sanctions, including standards that do the following:	948

(a) Classify violations according to the degree of	949
seriousness;	950

(b) Define the circumstances under which formal action by the	951
parole board is warranted;	952

(c) Govern the use of evidence at violation hearings;

953

(d) Ensure procedural due process to an alleged violator;

954

(e) Prescribe nonresidential community control sanctions for	955
most misdemeanor and technical violations;	956

(f) Provide procedures for the return of a releasee to	957
imprisonment for violations of post-release control.	958

(F)(1) If a post-release control sanction is imposed upon an	959
offender under this section, the offender upon release from	960
imprisonment shall be under the general jurisdiction of the adult	961
parole authority and generally shall be supervised by the field	962
services section through its staff of parole and field officers as	963
described in section 5149.04 of the Revised Code, as if the	964
offender had been placed on parole. If the offender upon release	965
from imprisonment violates the post-release control sanction or	966
any conditions described in division (A) of section 2967.131 of	967
the Revised Code that are imposed on the offender, the public or	968
private person or entity that operates or administers the sanction	969
or the program or activity that comprises the sanction shall	970
report the violation directly to the adult parole authority or to	971
the officer of the authority who supervises the offender. The	972
authority's officers may treat the offender as if the offender	973
were on parole and in violation of the parole, and otherwise shall	974
comply with this section.	975

(2) If the adult parole authority determines that a releasee	976
has violated a post-release control sanction or any conditions	977
described in division (A) of section 2967.131 of the Revised Code	978
imposed upon the releasee and that a more restrictive sanction is	979
appropriate, the authority may impose a more restrictive sanction	980
upon the releasee, in accordance with the standards established	981
under division (E) of this section, or may report the violation to	982
the parole board for a hearing pursuant to division (F)(3) of this	983
section. The authority may not, pursuant to this division,	984
increase the duration of the releasee's post-release control or	985
impose as a post-release control sanction a residential sanction	986
that includes a prison term, but the authority may impose on the	987
releasee any other residential sanction, nonresidential sanction,	988
or financial sanction that the sentencing court was authorized to	989
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	990
Revised Code.	991

(3) The parole board may hold a hearing on any alleged	992
violation by a releasee of a post-release control sanction or any	993
conditions described in division (A) of section 2967.131 of the	994
Revised Code that are imposed upon the releasee. If after the	995
hearing the board finds that the releasee violated the sanction or	996
condition, the board may increase the duration of the releasee's	997
post-release control up to the maximum duration authorized by	998
division (B) or (C) of this section or impose a more restrictive	999
post-release control sanction. When appropriate, the board may	1000
impose as a post-release control sanction a residential sanction	1001
that includes a prison term. The board shall consider a prison	1002
term as a post-release control sanction imposed for a violation of	1003
post-release control when the violation involves a deadly weapon	1004
or dangerous ordnance, physical harm or attempted serious physical	1005
harm to a person, or sexual misconduct, or when the releasee	1006
committed repeated violations of post-release control sanctions.	1007
The period of a prison term that is imposed as a post-release	1008
control sanction under this division shall not exceed nine months,	1009
and the maximum cumulative prison term for all violations under	1010
this division shall not exceed one-half of the stated prison term	1011
originally imposed upon the offender as part of this sentence. The	1012
period of a prison term that is imposed as a post-release control	1013
sanction under this division shall not count as, or be credited	1014
toward, the remaining period of post-release control.	1015

If an offender is imprisoned for a felony committed while	1016
under post-release control supervision and is again released on	1017
post-release control for a period of time determined by division	1018
(F)(4)(d) of this section, the maximum cumulative prison term for	1019
all violations under this division shall not exceed one-half of	1020
the total stated prison terms of the earlier felony, reduced by	1021
any prison term administratively imposed by the parole board, plus	1022
one-half of the total stated prison term of the new felony.	1023

(4) Any period of post-release control shall commence upon an	1024
offender's actual release from prison. If an offender is serving	1025
an indefinite prison term or a life sentence in addition to a	1026
stated prison term, the offender shall serve the period of	1027
post-release control in the following manner:	1028

(a) If a period of post-release control is imposed upon the	1029
offender and if the offender also is subject to a period of parole	1030
under a life sentence or an indefinite sentence, and if the period	1031
of post-release control ends prior to the period of parole, the	1032
offender shall be supervised on parole. The offender shall receive	1033
credit for post-release control supervision during the period of	1034
parole. The offender is not eligible for final release under	1035
section 2967.16 of the Revised Code until the post-release control	1036
period otherwise would have ended.	1037

(b) If a period of post-release control is imposed upon the	1038
offender and if the offender also is subject to a period of parole	1039
under an indefinite sentence, and if the period of parole ends	1040
prior to the period of post-release control, the offender shall be	1041
supervised on post-release control. The requirements of parole	1042
supervision shall be satisfied during the post-release control	1043
period.	1044

(c) If an offender is subject to more than one period of	1045
post-release control, the period of post-release control for all	1046
of the sentences shall be the period of post-release control that	1047
expires last, as determined by the parole board. Periods of	1048
post-release control shall be served concurrently and shall not be	1049
imposed consecutively to each other.	1050

(d) The period of post-release control for a releasee who	1051
commits a felony while under post-release control for an earlier	1052
felony shall be the longer of the period of post-release control	1053
specified for the new felony under division (B) or (C) of this	1054
section or the time remaining under the period of post-release	1055
control imposed for the earlier felony as determined by the parole	1056
board.	1057

Section 2. That existing sections 2921.38, 2929.14, 2929.19,	1058
and 2967.28 of the Revised Code are hereby repealed.	1059

Section 3. (A) The General Assembly hereby declares that its	1060
purpose in amending sections 2929.14, 2929.19, and 2967.28 of the	1061
Revised Code in Sections 1 and 2 of this act is to reaffirm that,	1062
under those sections as they existed prior to the effective date	1063
of this act: (1) by operation of law and without need for any	1064
prior notification or warning, every convicted offender sentenced	1065
to a prison term for a felony of the first or second degree, for a	1066
felony sex offense, or for a felony of the third degree that is	1067
not a felony sex offense and in the commission of which the	1068
offender caused or threatened to cause physical harm to a person	1069
always is subject to a period of post-release control after the	1070
offender's release from imprisonment pursuant to and for the	1071
period of time described in division (B) of section 2967.28 of the	1072
Revised Code; and (2) by operation of law and without need for any	1073
prior notification or warning, every convicted offender sentenced	1074
to a prison term and subjected to supervision under a period of	1075
post-release control after the offender's release from	1076
imprisonment always is subject to having the Parole Board impose	1077
in accordance with section 2967.28 of the Revised Code a prison	1078
term of up to one-half of the stated prison term originally	1079
imposed upon the offender if the offender violates that	1080
supervision or a condition of post-release control imposed under	1081
division (B) of section 2967.131 of the Revised Code.	1082

(B) The General Assembly hereby declares that it believes	1083
that the amendments to sections 2929.14, 2929.19, and 2967.28 of	1084
the Revised Code made in Sections 1 and 2 of this act are not	1085
substantive in nature and merely clarify that those sections	1086
operate as described in division (A) of this Section, that the	1087
convicted offenders described in division (A) of this Section	1088
always are subject by operation of law and without need for any	1089
prior notification or warning to a period of post-release control	1090
after their release from imprisonment and to having the Parole	1091
Board impose a prison term if they violate their supervision or a	1092
condition of post-release control as described in division (A) of	1093
this Section, and that the amendments to sections 2929.14,	1094
2929.19, and 2967.28 of the Revised Code made in Sections 1 and 2	1095
of this act thus are remedial in nature. The General Assembly	1096
declares that it intends that the clarifying, remedial amendments	1097
to sections 2929.14, 2929.19, and 2967.28 of the Revised Code made	1098
in Sections 1 and 2 of this act apply to all convicted offenders	1099
described in division (A) of this Section, regardless of whether	1100
they were sentenced prior to, or are sentenced on or after, the	1101
effective date of this act.	1102

Section 4. Section 2921.38 of the Revised Code, as amended by	1103
this act, shall take effect ninety days after the effective date	1104
of this act.	1105

Section 5. This act is hereby declared to be an emergency	1106
measure necessary for the immediate preservation of the public	1107
peace, health, and safety. The reason for such necessity is that	1108
the amendments made in this act are crucially needed to clarify	1109
the law to protect the residents of this state from the	1110
consequences that might result if the state is forced to release	1111
without supervision offenders who have been convicted of serious	1112
offenses and imprisoned, solely because the offenders were not	1113
provided notice of the fact that the law always requires their	1114
supervision upon release from prison. Therefore, this act shall go	1115
into immediate effect.	1116