| Sec. 2152.17. (A) Subject to division (D) of this
section, | 9 |
|
if a child is adjudicated a delinquent child
for committing
an | 10 |
|
act, other than a violation of section 2923.12 of the Revised | 11 |
|
Code, that would be a felony
if committed by an adult and if the | 12 |
|
court determines that, if the child was an
adult, the child would | 13 |
|
be guilty of a
specification of the type set forth in section | 14 |
|
2941.141, 2941.144,
2941.145, 2941.146, 2941.1412, 2941.1414, or | 15 |
| 2941.1415 of the Revised Code, in
addition to
any commitment or | 16 |
| other disposition the court imposes
for the underlying
delinquent | 17 |
| act, all of the following apply: | 18 |
| (2) If the court determines that the child would be guilty
of | 24 |
| a
specification of the
type set forth in section 2941.145 of
the | 25 |
| Revised Code or if the delinquent act is a violation of division | 26 |
| (A)(1) or (2) of section 2903.06 of the Revised Code and the court | 27 |
| determines that the child would be guilty of a specification of | 28 |
| the type set forth in section 2941.1415 of the Revised Code, the | 29 |
| court
shall
commit the child to the
department of youth services | 30 |
| for the specification for
a definite
period of not less than one | 31 |
| and not more than three
years, and the
court also shall commit the | 32 |
| child to the department for the
underlying delinquent act under | 33 |
| sections 2152.11 to 2152.16 of the
Revised Code. | 34 |
| (3) If the court determines that the child would be guilty
of | 35 |
| a
specification of the type set forth in section 2941.144, | 36 |
|
2941.146, or 2941.1412 of
the Revised Code or if the delinquent | 37 |
| act is a violation of division (A)(1) or (2) of section 2903.06 of | 38 |
| the Revised Code and the court determines that the child would be | 39 |
| guilty of a specification of the type set forth in section | 40 |
| 2941.1414 of the Revised Code, the court shall commit the child to | 41 |
|
the
department of youth services for the specification for a | 42 |
|
definite
period of not less than one and not more than five years, | 43 |
|
and the court also
shall commit the
child to the department for | 44 |
|
the underlying delinquent act under
sections 2152.11 to 2152.16 of | 45 |
|
the Revised Code. | 46 |
| (C) If a child is adjudicated a delinquent child for | 50 |
|
committing
an act that would be aggravated murder, murder, or a | 51 |
|
first, second, or third
degree felony offense of
violence if | 52 |
|
committed by an adult and if the court
determines that, if the | 53 |
|
child was an adult, the child would be
guilty of a specification | 54 |
|
of the type set forth in section
2941.142 of the Revised Code in | 55 |
|
relation to the act for which the
child was adjudicated a | 56 |
|
delinquent child, the court shall commit
the child for the | 57 |
|
specification to the legal custody of the
department of youth | 58 |
|
services for institutionalization in a secure
facility for a | 59 |
|
definite period of not less than one and not more than three | 60 |
|
years, subject to division
(D)(2) of this section, and the
court | 61 |
|
also
shall commit the child to the department for the underlying | 62 |
|
delinquent act. | 63 |
| (D)(1) If the child is adjudicated a
delinquent child for | 64 |
|
committing an act that would be an offense of
violence that is a | 65 |
|
felony if committed by an adult and is
committed to the legal | 66 |
|
custody of the department of youth services
pursuant to division | 67 |
|
(A)(1) of
section
2152.16 of the Revised Code
and
if
the court | 68 |
|
determines
that the child, if the child was an
adult, would be | 69 |
|
guilty of a
specification of the type set forth in
section | 70 |
|
2941.1411 of the
Revised Code in relation to the act for
which the | 71 |
|
child was
adjudicated a delinquent child, the court may
commit the | 72 |
|
child to
the custody of the department of youth
services for | 73 |
|
institutionalization in a secure facility for
up to
two
years, | 74 |
|
subject
to
division
(D)(2) of this section. | 75 |
| (2) A court that imposes a period of commitment under | 76 |
|
division
(A) of this section is not
precluded from imposing
an | 77 |
|
additional period of commitment under division
(C) or
(D)(1)
of | 78 |
|
this section, a
court that imposes a
period of
commitment under | 79 |
|
division
(C) of this
section is
not
precluded from imposing
an | 80 |
|
additional period of commitment under
division (A) or
(D)(1)
of | 81 |
|
this
section, and a court that
imposes a period of commitment | 82 |
|
under division
(D)(1) of
this
section is not precluded from | 83 |
|
imposing an additional period
of commitment
under division
(A) or | 84 |
|
(C) of
this section. | 85 |
| (E) The court shall not commit a child to the legal custody | 86 |
|
of
the department of youth services for
a specification
pursuant | 87 |
|
to
this section for a period that
exceeds five years
for
any
one | 88 |
|
delinquent act. Any
commitment imposed pursuant to
division (A), | 89 |
|
(B), (C), or
(D)(1) of this
section shall be in addition to,
and | 90 |
|
shall be
served consecutively with and
prior to, a period of | 91 |
|
commitment
ordered under this chapter for the underlying | 92 |
|
delinquent act, and
each commitment imposed
pursuant to division | 93 |
|
(A), (B), (C), or
(D)(1) of
this
section shall be in
addition
to, | 94 |
|
and
shall be
served
consecutively with, any other period of | 95 |
|
commitment
imposed
under
those
divisions. If a commitment is | 96 |
|
imposed under
division
(A) or
(B) of this section and a commitment | 97 |
|
also is
imposed under
division
(C) of
this section, the period | 98 |
|
imposed
under division
(A) or (B)
of this section
shall be served | 99 |
|
prior to
the period
imposed under division (C) of
this section. | 100 |
| (F) If a child is adjudicated a delinquent child for | 108 |
|
committing
two or more acts that would be felonies if committed by | 109 |
|
an adult and if the
court entering the delinquent child | 110 |
|
adjudication
orders the commitment of the child for two or more of | 111 |
|
those acts
to the legal custody of the department of youth | 112 |
|
services for
institutionalization in a secure facility pursuant to | 113 |
|
section
2152.13 or 2152.16
of the Revised Code, the court may | 114 |
|
order that all of the periods of commitment imposed under those | 115 |
|
sections for those acts be served consecutively in the legal | 116 |
|
custody of the
department of youth services, provided that those | 117 |
|
periods of commitment shall
be in addition to and
commence | 118 |
|
immediately following the expiration of a period of commitment | 119 |
|
that the court
imposes pursuant to division (A), (B), (C), or | 120 |
|
(D)(1) of
this section. A court shall not commit a delinquent | 121 |
|
child to
the
legal
custody of the department of youth services | 122 |
|
under this
division for a period that exceeds the child's | 123 |
|
attainment of
twenty-one
years of age. | 124 |
(G) If a child is adjudicated a delinquent child for | 125 |
committing
an act that if committed by an adult would be | 126 |
aggravated murder, murder, rape,
felonious sexual penetration in | 127 |
violation of
former section 2907.12 of the Revised Code, | 128 |
involuntary
manslaughter, a felony of the first or second degree | 129 |
resulting in
the death of or physical harm to a person, complicity | 130 |
in or an
attempt to commit any of those offenses, or an offense | 131 |
under an
existing or former law of this state that is or was | 132 |
substantially
equivalent to any of those offenses and if the court | 133 |
in its order of
disposition for that act commits the child to the | 134 |
custody of the department of
youth services, the adjudication | 135 |
shall be considered a conviction for purposes of a future | 136 |
determination
pursuant to Chapter 2929. of the Revised Code as to | 137 |
whether the child, as an adult, is a repeat violent offender. | 138 |
| (F) "Community control sanction"
means a sanction that is
not | 176 |
| a prison term and that is described
in section 2929.15,
2929.16, | 177 |
| 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not | 178 |
| a jail term and that is described in
section 2929.26,
2929.27, or | 179 |
| 2929.28 of the Revised Code.
"Community control
sanction" includes | 180 |
| probation if the sentence involved was
imposed
for a felony that | 181 |
| was committed prior to July 1, 1996, or if
the
sentence involved | 182 |
| was imposed for a misdemeanor that was committed
prior
to January | 183 |
| 1, 2004. | 184 |
| (R) "Intensive probation supervision" means a
requirement | 243 |
|
that an offender maintain frequent contact with a
person appointed | 244 |
|
by the court, or by the parole board pursuant to section
2967.28 | 245 |
|
of the Revised Code, to supervise the offender while the
offender | 246 |
|
is seeking or maintaining necessary employment and
participating | 247 |
|
in training, education, and treatment programs as
required in the | 248 |
|
court's or parole board's order. "Intensive
probation
supervision" | 249 |
| includes intensive parole supervision and intensive
post-release | 250 |
| control supervision. | 251 |
| (U) "Mandatory jail term" means the term in a jail that a | 261 |
|
sentencing court is required to impose pursuant to division (G) of | 262 |
|
section 1547.99 of the Revised Code, division (E) of section | 263 |
| 2903.06 or division (D) of section 2903.08 of the Revised Code, | 264 |
| division (E) of section 2929.24 of the Revised Code, division (B) | 265 |
|
of section
4510.14 of the Revised Code, or division
(G) of section | 266 |
| 4511.19 of
the Revised Code or pursuant to any other provision of | 267 |
| the
Revised
Code that requires a term in a jail for a misdemeanor | 268 |
|
conviction. | 269 |
| (W) "License violation report" means
a report that is made
by | 272 |
| a sentencing court, or by the parole board pursuant
to section | 273 |
|
2967.28 of the Revised Code, to the regulatory or
licensing board | 274 |
|
or agency that issued an offender a professional
license or a | 275 |
|
license or permit to do business
in this state and that specifies | 276 |
|
that the offender has been
convicted of or pleaded guilty to an | 277 |
|
offense that may violate the
conditions under which the offender's | 278 |
|
professional license or
license or permit to do business in this | 279 |
|
state was granted or an offense
for which the offender's | 280 |
|
professional license or license or permit to do
business in this | 281 |
|
state may be revoked or suspended. | 282 |
| (X) "Major drug offender" means an
offender who is convicted | 283 |
|
of or pleads guilty to the possession
of, sale of, or offer to | 284 |
|
sell any drug, compound, mixture,
preparation, or substance that | 285 |
|
consists of or contains at least
one thousand grams of hashish; at | 286 |
|
least one hundred
grams of crack cocaine; at least one thousand | 287 |
|
grams of cocaine that is not
crack cocaine; at least two thousand | 288 |
|
five hundred unit doses or two
hundred fifty grams of
heroin; at | 289 |
|
least five thousand unit doses of
L.S.D. or five hundred grams of | 290 |
|
L.S.D. in a
liquid concentrate, liquid extract, or liquid | 291 |
|
distillate form; or at least
one hundred times the
amount of any | 292 |
|
other schedule I or II controlled
substance other than marihuana | 293 |
|
that is necessary to commit a
felony of the third degree pursuant | 294 |
|
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised | 295 |
|
Code
that is based on the possession of, sale of, or offer to sell | 296 |
|
the
controlled substance. | 297 |
| (1) Subject to division (Y)(2) of this section,
the term in | 299 |
|
prison that must be imposed for the offenses or
circumstances set | 300 |
|
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section | 301 |
|
2929.13 and
division (D) of section 2929.14 of the
Revised Code. | 302 |
| Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, | 303 |
| and
2925.11 of the
Revised Code, unless the maximum or another | 304 |
|
specific term is required under section 2929.14 of the
Revised | 305 |
|
Code, a mandatory prison term described in this division may be | 306 |
|
any prison term authorized for the level of offense. | 307 |
(a) Aggravated murder,
murder, involuntary manslaughter, a | 348 |
any felony of the first or second degree
other than one set forth | 349 |
in Chapter 2925. of the Revised
Code, a
felony of the first degree | 350 |
set forth in Chapter
2925. of the
Revised Code that involved an | 351 |
attempt
to cause serious physical
harm to a person or that | 352 |
resulted in serious
physical harm to a
person, or a
felony of the | 353 |
second degree that involved an attempt
to cause serious physical | 354 |
harm to a person
or that resulted in
serious physical harm to a | 355 |
personthat is an offense of violence, or an attempt to commit any | 356 |
| of these offenses if the attempt is a felony of the first or | 357 |
| second degree; | 358 |
| (GG) "Stated prison term" means the
prison term, mandatory | 392 |
|
prison term, or combination of all
prison terms and mandatory | 393 |
|
prison terms imposed by the
sentencing court pursuant to section | 394 |
|
2929.14 or 2971.03 of the
Revised Code. "Stated prison term" | 395 |
|
includes any credit received by the offender for time spent in | 396 |
|
jail awaiting trial, sentencing, or transfer to prison for the | 397 |
|
offense and any time spent under house arrest or
house arrest
with | 398 |
| electronic monitoring imposed after
earning credits pursuant to | 399 |
|
section 2967.193 of the Revised Code. | 400 |
|
(a) The device has a transmitter that can be attached to a | 456 |
|
person, that will transmit a specified signal to a receiver of the | 457 |
|
type described in division (VV)(1)(b) of this section if the | 458 |
|
transmitter is removed from the person, turned off, or altered in | 459 |
|
any manner without prior court approval in relation to electronic | 460 |
|
monitoring or without prior approval of the department of | 461 |
|
rehabilitation and correction in relation to the use of an | 462 |
|
electronic monitoring device for an inmate on transitional control | 463 |
|
or otherwise is tampered with, that can transmit continuously and | 464 |
|
periodically a signal to that receiver when the person is within a | 465 |
|
specified distance from the receiver, and that can transmit an | 466 |
|
appropriate signal to that receiver if the person to whom it is | 467 |
|
attached travels a specified distance from that receiver. | 468 |
|
(b) The device includes a transmitter and receiver that can | 490 |
|
determine at any time, or at a designated point in time, through | 491 |
|
the use of a central monitoring computer or other electronic means | 492 |
|
the fact that the transmitter is turned off or altered in any | 493 |
|
manner without prior approval of the court in relation to the | 494 |
|
electronic monitoring or without prior approval of the department | 495 |
|
of rehabilitation and correction in relation to the use of an | 496 |
|
electronic monitoring device for an inmate on transitional control | 497 |
|
or otherwise is tampered with. | 498 |
| (WW) "Non-economic loss" means nonpecuniary harm suffered by | 504 |
| a victim of an offense as a result of or related to the commission | 505 |
| of the offense, including, but not limited to, pain and suffering; | 506 |
| loss of society, consortium, companionship, care, assistance, | 507 |
| attention, protection, advice, guidance, counsel, instruction, | 508 |
| training, or education; mental anguish; and any other intangible | 509 |
| loss. | 510 |
| (ZZ) A person is "adjudicated a sexually violent predator" if | 517 |
| the person is convicted of or pleads guilty to a violent sex | 518 |
| offense and also is convicted of or pleads guilty to a sexually | 519 |
| violent predator specification that was included in the | 520 |
| indictment, count in the indictment, or information charging that | 521 |
| violent sex offense or if the person is convicted of or pleads | 522 |
| guilty to a designated homicide, assault, or kidnapping offense | 523 |
| and also is convicted of or pleads guilty to both a sexual | 524 |
| motivation specification and a sexually violent predator | 525 |
| specification that were included in the indictment, count in the | 526 |
| indictment, or information charging that designated homicide, | 527 |
| assault, or kidnapping offense. | 528 |
| If the offender is eligible to be sentenced to community | 537 |
|
control sanctions,
the court shall consider the
appropriateness of | 538 |
|
imposing a financial sanction pursuant to
section 2929.18 of the | 539 |
|
Revised Code or
a sanction of community service
pursuant to | 540 |
|
section 2929.17 of the Revised Code
as the sole sanction for the | 541 |
|
offense. Except as otherwise provided in this
division, if the | 542 |
|
court is required
to impose a mandatory prison term for the | 543 |
|
offense for which
sentence is being imposed, the court also may | 544 |
|
impose a financial
sanction pursuant to section 2929.18 of the | 545 |
|
Revised
Code but may not impose any additional sanction or | 546 |
|
combination of sanctions under section 2929.16 or 2929.17 of the | 547 |
|
Revised Code. | 548 |
| (1) For a fourth degree felony OVI offense for which
sentence | 557 |
| is
imposed under division (G)(1) of this section, an
additional | 558 |
|
community control sanction
or combination of community
control | 559 |
| sanctions under section 2929.16 or 2929.17
of the Revised
Code. If | 560 |
| the court imposes upon the offender a community control sanction | 561 |
| and the offender violates any condition of the community control | 562 |
| sanction, the court may take any action prescribed in division (B) | 563 |
| of section 2929.15 of the Revised Code relative to the offender, | 564 |
| including imposing a prison term on the offender pursuant to that | 565 |
| division. | 566 |
| (2)(a) If the court makes a finding
described in division | 604 |
|
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this | 605 |
|
section and if the court, after
considering the factors set forth | 606 |
|
in section 2929.12 of the
Revised Code, finds that a prison term | 607 |
|
is consistent with the purposes and principles of sentencing set | 608 |
|
forth in section 2929.11 of the Revised
Code and finds that the | 609 |
|
offender is not amenable to an available
community control | 610 |
|
sanction, the court shall impose a
prison term upon the offender. | 611 |
| (b) Except as provided in division (E), (F), or (G) of this | 612 |
|
section, if the
court does not make a
finding described in | 613 |
|
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of | 614 |
|
this section and if the court, after
considering the factors set | 615 |
|
forth in section 2929.12 of the
Revised
Code, finds that a | 616 |
|
community
control sanction or combination of community control | 617 |
|
sanctions
is consistent with the purposes and principles of | 618 |
|
sentencing set
forth in section 2929.11 of the
Revised
Code, the | 619 |
|
court shall impose a
community control sanction or combination of | 620 |
|
community control
sanctions upon the offender. | 621 |
| (C) Except as provided in division (E), (F), or (G) of this | 622 |
|
section, in
determining whether to impose a prison
term as a | 623 |
|
sanction for a felony of the
third degree or a felony drug offense | 624 |
|
that is a
violation of a provision of
Chapter 2925. of the
Revised | 625 |
|
Code and that is specified as
being subject to this division for | 626 |
|
purposes of sentencing, the
sentencing court shall comply with the | 627 |
|
purposes and principles
of sentencing under section 2929.11 of the | 628 |
|
Revised
Code and with section 2929.12
of the Revised Code. | 629 |
| (D) Except as provided in division (E)
or (F) of this | 630 |
|
section, for a felony of the first or
second degree and for a | 631 |
|
felony drug offense that is a violation
of any provision of | 632 |
|
Chapter 2925., 3719., or 4729. of the
Revised Code for which a | 633 |
|
presumption in favor of
a prison term is specified as being | 634 |
|
applicable, it is presumed
that a prison term is necessary in | 635 |
|
order to comply
with the purposes and principles of sentencing | 636 |
|
under section 2929.11 of the
Revised Code. Notwithstanding the | 637 |
|
presumption established
under this division, the sentencing court | 638 |
|
may
impose a community control sanction or a combination of | 639 |
|
community control
sanctions instead of a prison term on an | 640 |
|
offender for a felony of the first or
second degree or for a | 641 |
|
felony drug offense that is a violation of any
provision of | 642 |
|
Chapter 2925., 3719., or 4729. of the Revised Code for which a | 643 |
|
presumption in favor of a prison term is specified as being | 644 |
|
applicable if
it makes both of
the following findings: | 645 |
| (E)(1) Except as provided in division
(F) of this section, | 660 |
|
for any drug offense that is a
violation of any provision of | 661 |
|
Chapter 2925.
of the Revised Code and that is a felony of the | 662 |
|
third, fourth, or fifth degree, the applicability of a
presumption | 663 |
|
under division (D) of this section in favor of a prison
term or of | 664 |
|
division (B) or (C) of this section in
determining
whether to | 665 |
|
impose a prison term for the offense shall be
determined as | 666 |
|
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, | 667 |
|
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the | 668 |
|
Revised Code,
whichever is applicable regarding the
violation. | 669 |
| (F) Notwithstanding divisions (A) to
(E) of this section,
the | 684 |
| court shall impose a prison
term or terms under sections
2929.02 | 685 |
| to 2929.06, section 2929.14, or section
2971.03 of the
Revised | 686 |
| Code and except as specifically provided in
section
2929.20 or | 687 |
| 2967.191 of the Revised Code or when parole is
authorized for the | 688 |
| offense under section 2967.13 of the Revised
Code shall not reduce | 689 |
| the terms pursuant to section 2929.20,
section
2967.193, or any | 690 |
| other provision of
Chapter 2967. or
Chapter 5120. of
the Revised | 691 |
| Code for any of the following
offenses: | 692 |
| (5) A first, second, or third degree felony drug
offense for | 708 |
|
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 709 |
|
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 710 |
|
4729.99 of the Revised Code, whichever is
applicable regarding the | 711 |
|
violation, requires the imposition of a
mandatory prison term; | 712 |
| (6) Any offense that is a first or second degree felony
and | 713 |
|
that is not set forth in division (F)(1), (2), (3), or (4)
of this | 714 |
|
section, if the offender previously was convicted of or
pleaded | 715 |
|
guilty to aggravated murder, murder, any first or
second degree | 716 |
|
felony, or an offense under an existing or former law
of this | 717 |
|
state, another state, or the United States that is
or was | 718 |
|
substantially equivalent to one of those offenses; | 719 |
| (1) If the offender is being sentenced for a fourth degree | 782 |
|
felony
OVI offense and if the offender has not been convicted of | 783 |
| and has not pleaded guilty to a specification of the type | 784 |
| described in section 2941.1413 of the Revised Code, the court may | 785 |
| impose upon the offender a
mandatory term
of local incarceration | 786 |
|
of sixty days or one hundred
twenty days as specified
in division | 787 |
| (G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall | 788 |
|
not reduce the term pursuant
to
section 2929.20, 2967.193, or any | 789 |
|
other provision of the
Revised
Code. The court that imposes a | 790 |
|
mandatory term of local
incarceration
under this division shall | 791 |
|
specify whether the term
is to be served in a
jail, a | 792 |
|
community-based correctional
facility, a halfway house, or an | 793 |
|
alternative residential facility,
and the
offender shall serve the | 794 |
|
term in the type of facility
specified
by the court. A mandatory | 795 |
|
term of local incarceration
imposed
under division (G)(1) of this | 796 |
|
section is not subject to
extension
under section 2967.11 of the | 797 |
|
Revised Code, to a period
of post-release control
under section | 798 |
|
2967.28 of the Revised Code,
or to any other Revised Code | 799 |
|
provision that pertains to a prison
term except as provided in | 800 |
| division (A)(1) of this section. | 801 |
| (2) If the offender is being sentenced for a third
degree | 802 |
|
felony OVI offense,
or if the offender is being sentenced for a | 803 |
|
fourth degree felony OVI
offense and the court does not impose a | 804 |
|
mandatory term of local incarceration
under division (G)(1) of | 805 |
|
this section, the court shall impose upon the
offender a mandatory | 806 |
| prison term of one, two, three, four, or five years if the | 807 |
| offender also is convicted of or also pleads guilty to a | 808 |
| specification of the type described in section 2941.1413 of the | 809 |
| Revised Code or shall impose upon the offender a mandatory
prison | 810 |
| term of sixty days or one hundred twenty days as specified
in | 811 |
| division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code | 812 |
| if the offender has not been convicted of and has not pleaded | 813 |
| guilty to a specification of that type. The
court shall not reduce | 814 |
| the term pursuant
to section
2929.20,
2967.193, or any other | 815 |
| provision of the Revised Code. The offender shall serve the one-, | 816 |
| two-, three-, four-, or five-year mandatory prison term | 817 |
| consecutively to and prior to the prison term imposed for the | 818 |
| underlying offense and consecutively to any other mandatory prison | 819 |
| term imposed in relation to the offense. In
no case
shall an | 820 |
| offender who once has been sentenced to a
mandatory term
of local | 821 |
| incarceration pursuant to division (G)(1)
of this section
for a | 822 |
|
fourth degree felony OVI offense be
sentenced to another
mandatory | 823 |
|
term of local incarceration under
that division for any
violation | 824 |
| of division
(A) of section 4511.19
of the Revised Code.
In | 825 |
| addition to the mandatory prison term described in division (G)(2) | 826 |
| of this section, the court may sentence the
offender to
a | 827 |
|
community control
sanction under section 2929.16 or 2929.17 of
the | 828 |
| Revised
Code, but the offender shall serve the prison term prior | 829 |
| to serving the community control sanction.
The department of | 830 |
| rehabilitation and correction
may place an
offender
sentenced to a | 831 |
| mandatory prison term under
this division
in an intensive
program | 832 |
| prison established pursuant
to section
5120.033 of the Revised | 833 |
|
Code if the department gave the
sentencing
judge prior notice of | 834 |
| its intent to
place the offender
in an
intensive program prison | 835 |
| established under that
section and
if the
judge did not notify the | 836 |
| department that the judge
disapproved the
placement. Upon the | 837 |
| establishment of the initial
intensive
program prison pursuant to | 838 |
| section 5120.033 of the
Revised Code
that is privately operated | 839 |
|
and managed by a
contractor pursuant to
a contract entered into | 840 |
| under section
9.06
of the Revised Code,
both of the following | 841 |
| apply: | 842 |
| (I) If an offender is being sentenced
for a sexually
oriented | 865 |
| offense that is not a registration-exempt sexually oriented | 866 |
| offense or for a child-victim oriented offense committed on or | 867 |
| after January 1,
1997, the judge
shall
include in the sentence a | 868 |
| summary of the
offender's duties imposed under sections 2950.04, | 869 |
| 2950.041, 2950.05, and
2950.06 of the Revised Code and the | 870 |
|
duration of the duties. The
judge shall inform the offender, at | 871 |
| the
time of sentencing, of
those duties and of their duration and, | 872 |
| if required
under division
(A)(2) of section 2950.03 of
the | 873 |
| Revised Code, shall perform the
duties specified in that
section. | 874 |
| (2) When considering sentencing factors under this
section
in | 883 |
| relation to an offender who is convicted of or pleads
guilty to
an | 884 |
| attempt to commit a drug abuse offense for which
the penalty is | 885 |
|
determined by the amount or number of unit doses
of the controlled | 886 |
|
substance involved in the drug abuse offense,
the sentencing court | 887 |
|
shall consider the factors applicable to
the felony category that | 888 |
|
the drug abuse offense attempted would
be if that drug abuse | 889 |
|
offense had been committed and had
involved an amount or number of | 890 |
|
unit doses of the controlled
substance that is within the next | 891 |
|
lower range of controlled substance amounts
than was involved in | 892 |
|
the attempt. | 893 |
| Sec. 2929.14. (A) Except as provided in
division (C), | 896 |
|
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this | 897 |
|
section and except
in relation to an offense for which a sentence | 898 |
|
of death or life
imprisonment is to be imposed, if the court | 899 |
|
imposing a sentence
upon an offender for a felony elects or is | 900 |
|
required to impose a
prison term on the offender pursuant to this | 901 |
|
chapter, the court shall
impose a definite prison term that shall | 902 |
|
be one of the following: | 903 |
| (B) Except as provided in division (C),
(D)(1), (D)(2), | 915 |
|
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 | 916 |
|
of the Revised
Code, or in Chapter
2925. of the Revised Code, if | 917 |
| the court
imposing a sentence upon an offender for a felony elects | 918 |
| or is
required to impose a prison term on the offender, the court | 919 |
| shall
impose the shortest prison term authorized for the offense | 920 |
|
pursuant to division (A) of this section, unless
one or more
of | 921 |
|
the following applies: | 922 |
| (C) Except as provided in division (G) of this section or in | 929 |
|
Chapter 2925. of
the Revised Code, the court imposing a sentence | 930 |
|
upon an
offender for a felony may impose the longest prison term | 931 |
|
authorized for the offense pursuant to division (A) of
this | 932 |
|
section only upon offenders who committed the worst forms of
the | 933 |
|
offense, upon offenders who pose the greatest likelihood of | 934 |
|
committing future crimes, upon certain major drug offenders under | 935 |
|
division (D)(3) of this section, and upon certain repeat
violent | 936 |
|
offenders in accordance with division (D)(2) of
this section. | 937 |
| (c) Except as provided in division
(D)(1)(e)
of this
section, | 969 |
| if an offender who is convicted of or pleads
guilty to a
violation | 970 |
| of section 2923.161 of the
Revised
Code or to a felony
that | 971 |
| includes,
as an essential element, purposely or knowingly
causing | 972 |
| or
attempting to cause the death of or physical harm to
another, | 973 |
|
also is convicted of or pleads guilty to a specification
of the | 974 |
|
type described in section 2941.146 of the
Revised
Code that | 975 |
|
charges the offender
with committing the offense by discharging a | 976 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 977 |
|
court, after imposing
a prison term on the offender for the | 978 |
|
violation of section
2923.161 of the Revised
Code or for the other | 979 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 980 |
|
section, shall
impose an additional prison term of five years upon | 981 |
|
the offender
that shall not be reduced pursuant to section | 982 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 983 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 984 |
|
more than one additional prison term on an offender under
division | 985 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 986 |
|
same
act or transaction. If a court imposes an additional prison | 987 |
|
term on an
offender under division (D)(1)(c) of this section | 988 |
|
relative to an offense, the court also shall
impose a prison term | 989 |
|
under division
(D)(1)(a) of this section
relative to the same | 990 |
|
offense, provided the criteria specified in that division
for | 991 |
|
imposing an additional prison term are satisfied relative to the | 992 |
|
offender
and the offense. | 993 |
| (d)
If an offender who is convicted of or pleads guilty to
an | 994 |
| offense
of violence that is a felony also is convicted of or | 995 |
|
pleads guilty to a
specification of the type described in section | 996 |
|
2941.1411 of the Revised Code that charges the
offender with | 997 |
|
wearing or carrying body armor
while committing the felony offense | 998 |
|
of violence, the court shall
impose on the offender a prison term | 999 |
|
of two years. The prison
term so imposed shall not be reduced | 1000 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 1001 |
|
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 1002 |
| court shall not impose more
than one prison term
on an offender | 1003 |
|
under division
(D)(1)(d) of this section for
felonies committed as | 1004 |
|
part of
the same act or transaction. If a
court imposes an | 1005 |
|
additional prison
term under division (D)(1)(a)
or (c)
of this | 1006 |
|
section, the
court is not precluded from imposing
an additional | 1007 |
|
prison term under
division (D)(1)(d) of this
section. | 1008 |
|
(f) If an offender is convicted of or pleads guilty to a
| 1024 |
|
felony that includes, as an essential element, causing or
| 1025 |
|
attempting to cause
the death of or physical
harm to another and
| 1026 |
|
also is convicted of or pleads guilty to a
specification of the
| 1027 |
|
type described in section 2941.1412 of the
Revised Code that
| 1028 |
|
charges the
offender with committing the offense by discharging a
| 1029 |
|
firearm at a
peace officer as defined in section 2935.01 of the
| 1030 |
|
Revised Code or a corrections officer as defined in section | 1031 |
|
2941.1412 of the Revised Code, the court, after imposing a
prison | 1032 |
|
term on the
offender for the felony offense under division (A), | 1033 |
|
(D)(2),
or
(D)(3) of this section, shall impose an additional | 1034 |
|
prison term of
seven years upon the offender that shall not be | 1035 |
|
reduced pursuant
to section 2929.20, section 2967.193, or any | 1036 |
|
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 1037 |
|
Code. A court
shall
not impose more than one
additional prison | 1038 |
|
term on an
offender
under division (D)(1)(f) of
this section for | 1039 |
|
felonies
committed as
part of the same act or transaction.
If a | 1040 |
|
court
imposes an
additional prison term on an offender under | 1041 |
|
division
(D)(1)(f) of
this section relative to an offense,
the | 1042 |
|
court
shall not impose a
prison term under division (D)(1)(a)
or | 1043 |
|
(c)
of
this section
relative to the same offense. | 1044 |
(2)(a) If an offender who is
convicted of or pleads guilty
to | 1045 |
a felony also is convicted of or pleads
guilty to a
specification | 1046 |
of the type described in section 2941.149 of the
Revised Code
that | 1047 |
the
offender is a repeat
violent offenderdivision (D)(2)(b) of | 1048 |
this section does not apply, the
court shallmay impose aon an | 1049 |
offender, in addition to the longest prison term from the range of | 1050 |
terms
authorized or required for the offense
under division (A) of | 1051 |
this section
that
may be the longest term in the range and that | 1052 |
shall not be reduced
pursuant to section 2929.20, section | 1053 |
2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. | 1054 |
of the
Revised
Code.
If the court finds that the
repeat violent | 1055 |
offender, in committing
the offense, caused any
physical harm that | 1056 |
carried a substantial
risk of death to a
person or that involved | 1057 |
substantial permanent
incapacity or
substantial permanent | 1058 |
disfigurement of a person,
the
court shall impose the longest | 1059 |
prison term from the range of terms
authorized for the
offense | 1060 |
under division (A) of this section. | 1061 |
(b) If the court imposing a prison term on a
repeat violent | 1062 |
offender imposes the longest prison term
from the range of terms | 1063 |
authorized for the offense under division
(A) of this section, the | 1064 |
court may impose on the offender
an additional definite prison | 1065 |
term of one, two, three, four,
five, six, seven, eight, nine, or | 1066 |
ten years if the court finds
that both of the following apply with | 1067 |
respect to the prison terms
imposed on the offender pursuant to | 1068 |
division
(D)(2)(a) of this section and, if
applicable, divisions | 1069 |
(D)(1) and (3) of this section: | 1070 |
| (iii) The offense of which the offender currently is convicted | 1080 |
| or to which the offender currently pleads guilty is aggravated | 1081 |
| murder and the court does not impose a sentence of death or life | 1082 |
| imprisonment without parole, murder, terrorism and the court does | 1083 |
| not impose a sentence of life imprisonment without parole, any | 1084 |
| felony of the first degree that is an offense of violence and the | 1085 |
| court does not impose a sentence of life imprisonment without | 1086 |
| parole, or any felony of the second degree that is an offense of | 1087 |
| violence and the trier of fact finds that the offense involved an | 1088 |
| attempt to cause or a threat to cause serious physical harm to a | 1089 |
| person or resulted in serious physical harm to a person. | 1090 |
(ii)(vi) The terms so imposedcourt finds that the prison | 1101 |
| terms imposed pursuant to division (D)(2)(a)(iii) of this section | 1102 |
| and, if applicable, division (D)(1) or (3) of this section are | 1103 |
| demeaning to the
seriousness
of the offense, because one or more | 1104 |
| of the factors
under section
2929.12 of the Revised Code | 1105 |
|
indicating that the offender's conduct
is more serious than | 1106 |
| conduct normally
constituting the offense are
present, and they | 1107 |
| outweigh the applicable
factors under that
section indicating that | 1108 |
| the offender's
conduct is
less serious
than conduct normally | 1109 |
| constituting the offense. | 1110 |
| (iii) The offense or offenses of which the offender currently | 1128 |
| is convicted or to which the offender currently pleads guilty is | 1129 |
| aggravated murder and the court does not impose a sentence of | 1130 |
| death or life imprisonment without parole, murder, terrorism and | 1131 |
| the court does not impose a sentence of life imprisonment without | 1132 |
| parole, any felony of the first degree that is an offense of | 1133 |
| violence and the court does not impose a sentence of life | 1134 |
| imprisonment without parole, or any felony of the second degree | 1135 |
| that is an offense of violence and the trier of fact finds that | 1136 |
| the offense involved an attempt to cause or a threat to cause | 1137 |
| serious physical harm to a person or resulted in serious physical | 1138 |
| harm to a person. | 1139 |
| (3)(a) Except when an offender commits a
violation of
section | 1153 |
| 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 1154 |
| the
violation is life imprisonment or commits a
violation of | 1155 |
| section
2903.02 of the Revised Code, if the offender
commits a | 1156 |
| violation of section 2925.03 or 2925.11 of
the Revised
Code and | 1157 |
| that section classifies the offender as a major drug
offender and | 1158 |
| requires the
imposition of a ten-year prison term on
the offender, | 1159 |
| if
the offender commits a felony violation of
section 2925.02, | 1160 |
|
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 1161 |
| 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 1162 |
| division
(C) of section 4729.51, or division (J)
of section | 1163 |
| 4729.54
of the Revised Code that includes the sale,
offer to sell, | 1164 |
|
or possession of a schedule
I or II controlled
substance, with the | 1165 |
| exception of
marihuana, and the
court imposing
sentence upon the | 1166 |
| offender finds
that the offender is guilty of a
specification of | 1167 |
| the type
described in section 2941.1410 of the
Revised Code | 1168 |
| charging
that the offender is a
major drug offender,
if the court | 1169 |
| imposing sentence upon an offender for
a felony
finds
that the | 1170 |
| offender is guilty
of corrupt activity with the
most
serious | 1171 |
| offense in the pattern
of corrupt activity being a
felony
of the | 1172 |
| first degree, or if the offender is guilty of
an attempted | 1173 |
|
violation of section 2907.02 of the Revised Code and, had the | 1174 |
|
offender completed the violation of section 2907.02 of the Revised | 1175 |
|
Code that was attempted, the offender would have been subject to a | 1176 |
|
sentence of life imprisonment or life imprisonment without parole | 1177 |
|
for the violation of section 2907.02 of the Revised Code, the | 1178 |
|
court shall
impose upon
the offender for the felony violation a | 1179 |
|
ten-year
prison term that
cannot be reduced pursuant to section | 1180 |
|
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 1181 |
| (b) The court imposing a prison term on an
offender under | 1182 |
|
division (D)(3)(a) of this
section may impose an additional prison | 1183 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 1184 |
|
ten years, if the court,
with respect to the term imposed under | 1185 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 1186 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 1187 |
forth in divisions
(D)(2)(b)(i)(a)(iv) and (ii)(v) of this | 1188 |
| section. | 1189 |
| (4) If the offender is being sentenced for a third or fourth | 1190 |
|
degree felony
OVI offense under division (G)(2) of section
2929.13 | 1191 |
|
of the Revised
Code,
the sentencing court shall impose
upon the | 1192 |
|
offender a mandatory prison term in
accordance with that
division. | 1193 |
|
In addition to the mandatory prison term, if the offender is being | 1194 |
|
sentenced for a fourth degree felony OVI offense, the court, | 1195 |
|
notwithstanding division (A)(4) of this section, may sentence the | 1196 |
|
offender to a definite prison term of not less than six months and | 1197 |
|
not more than thirty months, and if the offender is being | 1198 |
|
sentenced for a third degree felony OVI offense, the
sentencing | 1199 |
|
court may sentence the offender to an additional prison
term of | 1200 |
|
any
duration specified in division (A)(3) of this section. In | 1201 |
|
either case, the additional prison term imposed shall be reduced | 1202 |
|
by the sixty or one
hundred twenty days imposed upon the
offender | 1203 |
|
as the mandatory prison term.
The total of the
additional prison | 1204 |
|
term imposed under division (D)(4) of this
section
plus the sixty | 1205 |
|
or one hundred twenty days imposed as the
mandatory prison term | 1206 |
|
shall equal a definite term in the range of six months to thirty | 1207 |
|
months for a fourth degree felony OVI offense and shall equal one | 1208 |
|
of
the authorized prison
terms specified in division (A)(3) of | 1209 |
|
this section for a third degree felony OVI offense. If
the court | 1210 |
|
imposes an additional prison term under division (D)(4) of this | 1211 |
|
section, the offender shall serve the additional prison term after | 1212 |
|
the
offender has served the mandatory prison term required for the | 1213 |
|
offense. In addition to the mandatory prison term or mandatory and | 1214 |
| additional prison term imposed as described in division (D)(4) of | 1215 |
| this section, the
court also may sentence the offender to a | 1216 |
| community
control sanction under
section 2929.16 or 2929.17 of the | 1217 |
| Revised
Code, but the offender shall serve all of the prison terms | 1218 |
| so imposed prior to serving the community control sanction. | 1219 |
| (5) If an offender is convicted of or pleads guilty to a | 1225 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1226 |
|
Revised Code and also is convicted of or pleads guilty to a | 1227 |
|
specification of the type described in section 2941.1414 of the | 1228 |
|
Revised Code that charges that the victim of the offense is a | 1229 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 1230 |
|
the court shall impose on the offender a prison term of five | 1231 |
|
years. If a court imposes a prison term on an offender under | 1232 |
|
division (D)(5) of this section, the prison term shall not be | 1233 |
|
reduced pursuant to section 2929.20, section 2967.193, or any | 1234 |
|
other provision of Chapter 2967. or Chapter 5120. of the Revised | 1235 |
|
Code. A court shall not impose more than one prison term on an | 1236 |
|
offender under division (D)(5) of this section for felonies | 1237 |
|
committed as part of the same act. | 1238 |
|
(6) If an offender is convicted of or pleads guilty to a | 1239 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1240 |
|
Revised Code and also is convicted of or pleads guilty to a | 1241 |
|
specification of the type described in section 2941.1415 of the | 1242 |
|
Revised Code that charges that the offender previously has been | 1243 |
|
convicted of or pleaded guilty to three or more violations of | 1244 |
| division (A)
or (B) of section 4511.19 of the Revised Code or an | 1245 |
| equivalent
offense, as defined in section 2941.1415 of the Revised | 1246 |
| Code, or three or more violations of any combination of those | 1247 |
| divisions and offenses, the
court shall impose on the offender a | 1248 |
| prison term of three years.
If a court imposes a prison term on an | 1249 |
| offender under division
(D)(6) of this section, the prison term | 1250 |
| shall not be reduced
pursuant to section 2929.20, section | 1251 |
| 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 1252 |
| of the Revised Code.
A
court shall not impose more than one prison | 1253 |
| term on an offender
under division (D)(6) of this section for | 1254 |
| felonies committed as
part of the same act. | 1255 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 1256 |
| mandatory prison term
is imposed
upon an offender pursuant to | 1257 |
|
division (D)(1)(a) of this
section for having a firearm on or | 1258 |
|
about the offender's person or under the
offender's
control while | 1259 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 1260 |
|
offender pursuant to division (D)(1)(c) of
this section for | 1261 |
|
committing a felony specified in that division by discharging
a | 1262 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 1263 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 1264 |
|
term
imposed under either division
consecutively to any other | 1265 |
|
mandatory prison term imposed under either division
or under | 1266 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 1267 |
|
any prison term
imposed for the underlying felony pursuant to | 1268 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 1269 |
|
section of the Revised Code, and consecutively to any other prison | 1270 |
|
term
or
mandatory prison term previously or subsequently imposed | 1271 |
|
upon the
offender. | 1272 |
| (b) If a mandatory prison term is imposed upon an offender | 1273 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 1274 |
|
carrying body armor while committing an offense of violence that | 1275 |
|
is a felony,
the offender shall serve the mandatory
term so | 1276 |
|
imposed consecutively to any other mandatory prison term
imposed | 1277 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 1278 |
|
section, consecutively to and prior to any prison term imposed for | 1279 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 1280 |
|
this section or any other section of the Revised Code, and | 1281 |
|
consecutively to any other
prison term or mandatory prison term | 1282 |
|
previously or subsequently
imposed upon the offender. | 1283 |
| (2) If an offender who is an inmate in a jail, prison,
or | 1292 |
|
other residential detention facility violates section 2917.02, | 1293 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 1294 |
|
who is under detention at a detention facility commits a felony | 1295 |
|
violation of section 2923.131 of the Revised Code, or if an | 1296 |
|
offender who is an
inmate in a jail, prison, or other residential | 1297 |
|
detention facility or is under
detention at a detention facility | 1298 |
|
commits another felony while the offender is
an
escapee in | 1299 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 1300 |
|
imposed upon the offender for one of those violations
shall be | 1301 |
|
served by the offender consecutively to the prison term or term of | 1302 |
|
imprisonment the offender
was serving when the offender committed | 1303 |
|
that offense and to any other prison
term previously or | 1304 |
|
subsequently imposed upon the offender. | 1305 |
| (5) If a mandatory prison term is imposed upon an offender | 1336 |
|
pursuant to division (D)(5) or (6) of this section, the offender | 1337 |
|
shall serve the mandatory prison term consecutively to and prior | 1338 |
|
to any prison term imposed for the underlying violation of | 1339 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 1340 |
|
pursuant to division (A) of this section. If a mandatory prison | 1341 |
|
term is imposed upon an offender pursuant to division (D)(5) of | 1342 |
|
this section, and if a mandatory prison term also is imposed upon | 1343 |
|
the offender pursuant to division (D)(6) of this section in | 1344 |
|
relation to the same violation, the offender shall serve the | 1345 |
|
mandatory prison term imposed pursuant to division (D)(5) of this | 1346 |
|
section consecutively to and prior to the mandatory prison term | 1347 |
|
imposed pursuant to division (D)(6) of this section and | 1348 |
|
consecutively to and prior to any prison term imposed for the | 1349 |
|
underlying violation of division (A)(1) or (2) of section 2903.06 | 1350 |
|
of the Revised Code pursuant to division (A) of this section. | 1351 |
| (F) If a court imposes a prison term of a type
described in | 1355 |
|
division (B) of section 2967.28 of the
Revised Code, it shall | 1356 |
|
include in the sentence a
requirement that the offender be subject | 1357 |
|
to a period of
post-release control after the offender's release | 1358 |
|
from imprisonment, in
accordance with that division. If a court | 1359 |
|
imposes a prison term
of a type described in division (C) of that | 1360 |
|
section, it
shall include in the sentence a requirement that the | 1361 |
|
offender be
subject to a period of post-release control after the | 1362 |
|
offender's release
from imprisonment, in accordance with that | 1363 |
|
division, if the
parole board determines that a period of | 1364 |
|
post-release control is
necessary. | 1365 |
| (G) If a person is convicted of or pleads guilty to a
violent | 1366 |
| sex
offense or a designated homicide, assault, or kidnapping | 1367 |
| offense and, in relation to that offense, the offender is | 1368 |
| adjudicated a sexually violent
predator, the court shall impose | 1369 |
|
sentence upon the offender in
accordance with section 2971.03 of | 1370 |
| the Revised
Code, and Chapter
2971. of the Revised Code applies | 1371 |
| regarding the prison term
or
term of life imprisonment without | 1372 |
| parole imposed upon the offender
and the
service of that term of | 1373 |
| imprisonment. | 1374 |
| (J) If an offender who is convicted of or pleads guilty to | 1389 |
|
aggravated murder, murder, or a
felony of the first, second, or | 1390 |
|
third degree that is an
offense of violence also is convicted of | 1391 |
|
or pleads guilty to a
specification of the type described in | 1392 |
|
section 2941.143 of the
Revised
Code that charges the offender | 1393 |
|
with having committed the offense in a school safety
zone or | 1394 |
|
towards a person in a school safety zone, the court shall impose | 1395 |
|
upon the offender an additional prison term of two years. The | 1396 |
|
offender shall
serve the additional two years consecutively to and | 1397 |
|
prior to the prison term
imposed for the underlying offense. | 1398 |
| (K) At the time of sentencing, the court
may recommend the | 1399 |
|
offender for
placement in a program of shock incarceration
under | 1400 |
|
section 5120.031 of the Revised Code or for
placement
in an | 1401 |
|
intensive program prison
under
section 5120.032 of the Revised | 1402 |
|
Code, disapprove placement of the
offender in a program of shock | 1403 |
|
incarceration or
an intensive
program
prison
of that nature, or | 1404 |
|
make
no recommendation on placement of
the offender.
In no case | 1405 |
|
shall
the department of rehabilitation and correction place the | 1406 |
|
offender
in a program or prison of that nature unless the | 1407 |
|
department
determines as specified in section 5120.031 or 5120.032 | 1408 |
|
of the
Revised Code, whichever is applicable, that the offender is | 1409 |
|
eligible for the placement. | 1410 |
| If the court does not make a recommendation under this | 1427 |
|
division with
respect to an
offender
and if the
department | 1428 |
|
determines as specified in section 5120.031 or 5120.032
of the | 1429 |
|
Revised Code, whichever is applicable, that the offender is | 1430 |
|
eligible for placement in a program or prison of that nature, the | 1431 |
|
department shall screen the offender and
determine if there is an | 1432 |
|
available program of shock incarceration or an
intensive program | 1433 |
|
prison for which the offender is suited. If there is an
available | 1434 |
|
program of shock incarceration or an intensive program prison for | 1435 |
|
which the offender is suited, the department shall notify the | 1436 |
|
court of the
proposed placement of the offender
as specified in | 1437 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 1438 |
|
with the notice a brief
description of the placement. The court | 1439 |
|
shall have ten days from receipt of
the notice to disapprove the | 1440 |
|
placement. | 1441 |
| (C) At the arraignment or as soon thereafter as is | 1455 |
| practicable, the prosecuting attorney may give notice to the | 1456 |
| defendant of the prosecuting attorney's intention to use a | 1457 |
| certified copy of the entry of judgment of a prior conviction as | 1458 |
| proof of that prior conviction. The defendant must then give | 1459 |
| notice to the prosecuting attorney of the defendant's intention to | 1460 |
| object to the use of the entry of judgment. If the defendant | 1461 |
| pursuant to Criminal Rule 12 does not give notice of that | 1462 |
| intention to the prosecuting attorney before trial, the defendant | 1463 |
| waives the objection to the use of an entry of judgment as proof | 1464 |
| of the defendant's prior conviction, as shown on the entry of | 1465 |
| judgment. | 1466 |
| (2) The sentence consisted of or included a prison term, the | 1486 |
| offense for
which it was imposed is a felony of the fourth or | 1487 |
| fifth degree or is a felony
drug offense that is a violation of a | 1488 |
| provision of
Chapter 2925. of the Revised Code and that is | 1489 |
| specified as being subject to
division (B) of section 2929.13 of | 1490 |
| the Revised Code for purposes of
sentencing, and the court did not | 1491 |
| specify at sentencing that it found one or
more factors specified | 1492 |
|
in divisions (B)(1)(a) to (i) of
section 2929.13 of the Revised | 1493 |
| Code to apply
relative to the
defendant. If the court specifies | 1494 |
| that it found
one or more of those factors to apply relative to | 1495 |
| the defendant,
the defendant is not entitled under this division | 1496 |
| to appeal as a
matter of right the sentence imposed upon the | 1497 |
| offender. | 1498 |
| (3) The person was convicted of or pleaded guilty to a | 1499 |
| violent sex
offense or a designated homicide, assault, or | 1500 |
| kidnapping offense, was adjudicated a sexually violent predator in | 1501 |
| relation to that offense, and was
sentenced pursuant to division | 1502 |
| (A)(3) of
section 2971.03 of the Revised Code, if the minimum
term | 1503 |
| of the indefinite term imposed pursuant to division (A)(3) of | 1504 |
|
section 2971.03 of the Revised Code is the longest term available | 1505 |
| for the
offense from among
the range of terms listed in section | 1506 |
| 2929.14 of the Revised Code. As used in
this division,
"designated | 1507 |
| homicide, assault, or kidnapping offense" and "violent sex | 1508 |
| offense" have the same
meanings as in section 2971.01 of the | 1509 |
| Revised Code. As used in this division, "adjudicated a sexually | 1510 |
| violent predator" has the same meaning as in section 2929.01 of | 1511 |
| the Revised Code, and a person is "adjudicated a sexually violent | 1512 |
| predator" in the same manner and the same circumstances as are | 1513 |
| described in that section. | 1514 |
| (B) In addition to any other right to appeal
and except as | 1522 |
| provided in division (D) of this section, a
prosecuting attorney, | 1523 |
| a city director of law, village solicitor, or
similar chief legal | 1524 |
| officer of a municipal corporation, or the
attorney general, if | 1525 |
| one of those persons prosecuted the case, may appeal as a
matter | 1526 |
| of right a sentence
imposed upon a defendant who is convicted of | 1527 |
| or pleads guilty to
a felony or, in the circumstances described in | 1528 |
| division (B)(3) of
this section the modification of a sentence | 1529 |
| imposed upon such a defendant, on
any of the following grounds: | 1530 |
| (C)(1) In addition to the right to appeal a sentence
granted | 1539 |
| under division (A) or (B) of this
section, a defendant who is | 1540 |
| convicted of or pleads guilty to a
felony may seek leave to appeal | 1541 |
| a sentence imposed upon the
defendant on the basis that the | 1542 |
| sentencing judge has imposed
consecutive sentences under division | 1543 |
| (E)(3) or (4) of
section 2929.14 of the Revised Code and that the | 1544 |
|
consecutive sentences exceed the maximum prison term allowed by | 1545 |
|
division (A) of that section for the most serious offense
of which | 1546 |
| the defendant was convicted. Upon the filing of a
motion under | 1547 |
| this division, the court
of appeals may grant leave to appeal the | 1548 |
| sentence if the court
determines that the allegation included as | 1549 |
| the basis of the
motion is true. | 1550 |
| (2) Except as provided in division (C)(2) of this section, a | 1560 |
| sentence imposed upon a defendant is not subject to review under | 1561 |
| this section if the sentence is imposed pursuant to division | 1562 |
| (D)(2)(b) of section 2929.14 of the Revised Code. Except as | 1563 |
| otherwise provided in this division, a defendant retains all | 1564 |
| rights to appeal as provided under this chapter or any other | 1565 |
| provision of the Revised Code. A defendant has the right to appeal | 1566 |
| under this chapter or any other provision of the Revised Code the | 1567 |
| court's application of division (D)(2)(c) of section 2929.14 of | 1568 |
| the Revised Code. | 1569 |
| (E) A defendant, prosecuting attorney, city
director of law, | 1573 |
| village solicitor, or chief municipal legal
officer shall file an | 1574 |
| appeal of a sentence under this section to
a court of appeals | 1575 |
| within the time limits specified in
Rule 4(B) of the Rules of | 1576 |
|
Appellate Procedure, provided that if the appeal is pursuant
to | 1577 |
| division (B)(3) of this section, the time limits specified in that | 1578 |
|
rule shall not commence running until the court grants the motion | 1579 |
| that makes
the sentence modification in question. A sentence | 1580 |
| appeal under
this section shall be consolidated with any other | 1581 |
| appeal in the
case. If no other appeal is filed, the court of | 1582 |
| appeals may
review only the portions of the trial record that | 1583 |
| pertain to
sentencing. | 1584 |
| (1) Any presentence, psychiatric, or other
investigative | 1588 |
| report that was submitted to the court in writing
before the | 1589 |
| sentence was imposed. An appellate court that
reviews a | 1590 |
| presentence investigation report prepared pursuant to section | 1591 |
|
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 1592 |
| connection
with the appeal of a sentence under this section shall | 1593 |
| comply with division
(D)(3) of section 2951.03 of the Revised Code | 1594 |
| when the appellate court is not
using the presentence | 1595 |
| investigation report, and the appellate court's use of a | 1596 |
|
presentence investigation report of that nature in connection with | 1597 |
| the appeal
of a sentence under this section does not affect the | 1598 |
| otherwise confidential
character of the contents of that report as | 1599 |
| described in division
(D)(1) of section 2951.03 of the Revised | 1600 |
| Code and does not cause that report
to become a public record, as | 1601 |
| defined in section 149.43 of the Revised Code,
following the | 1602 |
| appellate court's use of the report. | 1603 |
| (G)(1) If the sentencing court was required to make the | 1612 |
| findings required
by division (B) or (D) of section 2929.13, | 1613 |
| division
(D)(2)(e) or (E)(4) of section 2929.14, or division (H) | 1614 |
| of section 2929.20 of the
Revised Code relative to the imposition | 1615 |
| or modification of the sentence,
and if the sentencing court | 1616 |
| failed to state the required findings on the
record, the court | 1617 |
| hearing
an appeal under division (A), (B), or (C) of this
section | 1618 |
| shall
remand the case to the sentencing court and instruct the | 1619 |
| sentencing court
to state, on the record, the required findings. | 1620 |
| (I)(1) There is hereby
established the felony sentence appeal | 1640 |
| cost oversight committee,
consisting of eight members. One member | 1641 |
| shall be the chief
justice of the supreme court or a | 1642 |
| representative of the court
designated by the chief justice, one | 1643 |
| member shall be a member of
the senate appointed by the president | 1644 |
| of the senate, one member
shall be a member of the house of | 1645 |
| representatives appointed by
the speaker of the house of | 1646 |
| representatives, one member shall be
the director of budget and | 1647 |
| management or a representative of the office of
budget and | 1648 |
| management designated
by the director, one member shall be a judge | 1649 |
| of a court of
appeals, court of common pleas, municipal court, or | 1650 |
| county court
appointed by the chief justice of the supreme court, | 1651 |
| one member
shall be the state public defender or a representative | 1652 |
| of the
office of the state public defender designated by the state | 1653 |
|
public defender, one member shall be a prosecuting attorney | 1654 |
|
appointed by the Ohio prosecuting attorneys association, and one | 1655 |
| member shall
be a county commissioner appointed by the county | 1656 |
| commissioners
association of Ohio. No more than three of the | 1657 |
| appointed members of the
committee may be members of the same | 1658 |
| political party. | 1659 |
| The president of the senate, the speaker of the house of | 1660 |
|
representatives, the chief justice of the supreme court, the
Ohio | 1661 |
| prosecuting attorneys association, and the county commissioners | 1662 |
|
association of Ohio shall make the initial
appointments to the | 1663 |
| committee of the appointed members no later
than ninety days after | 1664 |
| July 1, 1996. Of
those initial appointments to the committee, the | 1665 |
| members
appointed by the speaker of the house of representatives | 1666 |
| and the
Ohio prosecuting attorneys
association shall serve a term | 1667 |
| ending two years after July 1, 1996, the member
appointed by
the | 1668 |
| chief justice of the supreme court shall serve
a term ending three | 1669 |
| years after July 1, 1996, and the members appointed by the | 1670 |
|
president of the
senate and the county commissioners association | 1671 |
| of
Ohio shall serve terms ending
four years after July 1, 1996. | 1672 |
| Thereafter, terms of office of the appointed
members shall be
for | 1673 |
| four years, with each term ending on the same day of the
same | 1674 |
| month as did the term that it succeeds. Members may be | 1675 |
|
reappointed. Vacancies shall be filled in the same
manner provided | 1676 |
| for original appointments. A member appointed
to fill a vacancy | 1677 |
| occurring prior to the expiration of the term
for which that | 1678 |
| member's predecessor was appointed shall hold
office as a member | 1679 |
| for the remainder of the predecessor's term. An appointed
member | 1680 |
| shall continue in office subsequent to the
expiration date of that | 1681 |
| member's term until that member's
successor takes office or until | 1682 |
| a period of sixty days has
elapsed, whichever occurs first. | 1683 |
| If the chief justice of the supreme court, the director of | 1684 |
|
the office of budget and management, or the state public
defender | 1685 |
| serves as a member of the committee, that person's term
of office | 1686 |
| as a member shall continue for as long as that person
holds office | 1687 |
| as chief justice, director of the office of budget
and management, | 1688 |
| or state public defender. If the chief justice
of the supreme | 1689 |
| court designates a representative of the court to
serve as a | 1690 |
| member, the director of budget and management
designates a | 1691 |
| representative of the office of budget and
management to serve as | 1692 |
| a member, or the state public
defender designates a representative | 1693 |
| of the office of the state
public defender to serve as a member, | 1694 |
| the person so designated
shall serve as a member of the commission | 1695 |
| for as long as the
official who made the designation holds office | 1696 |
| as chief justice,
director of the office of budget and management, | 1697 |
| or state public
defender or until that official revokes the | 1698 |
| designation. | 1699 |
| The chief justice of the supreme court or the
representative | 1700 |
| of the supreme court appointed by the chief
justice shall serve as | 1701 |
| chairperson of the committee. The committee
shall meet within two | 1702 |
| weeks after all appointed members have
been appointed and shall | 1703 |
| organize as necessary. Thereafter, the
committee shall meet at | 1704 |
| least once every six months or more
often upon the call of the | 1705 |
| chairperson or the written request of
three or more members, | 1706 |
| provided that the committee shall not meet unless
moneys have been | 1707 |
| appropriated to the judiciary budget administered by the
supreme | 1708 |
| court specifically for the purpose of providing financial | 1709 |
| assistance
to counties under division (I)(2) of this section and | 1710 |
| the moneys so
appropriated then are available for that purpose. | 1711 |
| (2) The state criminal sentencing commission periodically | 1720 |
| shall provide to
the felony sentence appeal cost oversight | 1721 |
| committee all data the commission
collects pursuant to division | 1722 |
|
(A)(5) of section 181.25 of
the Revised Code. Upon receipt of the | 1723 |
|
data from the state criminal sentencing commission, the
felony | 1724 |
| sentence appeal cost oversight committee periodically
shall review | 1725 |
| the data; determine whether any money has been
appropriated to the | 1726 |
| judiciary budget administered by the supreme court
specifically | 1727 |
| for the purpose of providing state financial assistance to | 1728 |
|
counties in accordance with this division for the increase in | 1729 |
| expenses
the counties experience as a result of the felony | 1730 |
| sentence
appeal provisions set forth in this section or as a | 1731 |
| result of a postconviction
relief proceeding brought under | 1732 |
| division (A)(2) of section 2953.21
of the Revised Code or an | 1733 |
| appeal of a judgment in that proceeding; if it
determines that any | 1734 |
| money has been so appropriated, determine the total amount
of | 1735 |
| moneys that have been so appropriated specifically for
that | 1736 |
| purpose and that then are available for that
purpose; and develop | 1737 |
| a recommended method of distributing those
moneys to the counties. | 1738 |
| The committee shall send a copy of its
recommendation to the | 1739 |
| supreme court. Upon receipt of the
committee's recommendation, the | 1740 |
| supreme court shall distribute
to the counties, based upon that | 1741 |
| recommendation, the moneys that
have been so appropriated | 1742 |
| specifically for the purpose of providing
state financial | 1743 |
| assistance to counties under this
division and that then are | 1744 |
| available for that purpose. | 1745 |