As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 130

Representatives White, Yates 

Cosponsors: Representatives Seitz, Peterson, Hagan, R., Carano, Miller, Yuko, Wagner, McGregor, J., Flowers, Letson, Strahorn, Williams, S., DeWine, Luckie, Brinkman, Celeste, DeBose, Heard, Otterman, J., Sykes 

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A BILL

To amend sections 9.06, 121.05, 124.11, 309.02,

1

321.44, 341.192, 1713.34, 2921.36, 2929.01,

2

2929.13, 2929.14, 2929.141, 2929.15, 2929.17,

3

2929.19, 2929.20, 2935.36, 2943.032, 2949.12,

4

2951.021, 2951.041, 2953.08, 2953.13, 2967.03,

5

2967.05, 2967.12, 2967.121, 2967.141, 2967.15,

6

2967.26, 2967.28, 4507.51, 5120.52, 5120.63,

7

5120.66, 5139.02, 5139.18, 5139.281, 5139.31,

8

5139.36, 5139.38, 5139.41, 5139.43, 5139.50,

9

5145.01, 5145.163, and 5149.06, to enact

10

sections 9.871, 109.37, 2967.29, 4743.06,

11

5120.07, 5120.59, and 5120.70, and to repeal

12

section 2967.11 of the Revised Code to modify

13

sentencing procedures with respect to

14

post-release control and related releases from

15

prison, to conform the Revised Code to the

16

decision of the Ohio Supreme Court in State ex

17

rel. Bray v. Russell (2000), 89 Ohio St.3d 132

18

by removing provisions related to bad time, to

19

authorize courts to participate in the

20

supervision of released prisoners, to provide

21

released prisoners with identification cards and

22

additional procedures for access to social

23

services, to make other changes relative to

24

opportunities for prisoner training and

25

employment, to modify procedures for the judicial

26

or medical release of prisoners and intervention

27

in lieu of conviction, to grant the Adult Parole

28

Authority more flexibility in determining periods

29

of post-release control, to adopt other

30

cost-control measures, to create the Ex-offender

31

Reentry Coalition, to provide for the

32

indemnification of the Department of

33

Rehabilitation and Correction for legal costs

34

incurred in certain cases, to provide for legal

35

representation of Department employees charged

36

with offenses in certain cases until a grand jury

37

has acted, to create a fund for the deposit of

38

money received in certain federal law enforcement

39

cases, to authorize the Department to enter into

40

contracts to provide water and sewage treatment

41

services, to make other changes related to the

42

operations of the Department of Rehabilitation and

43

Correction, to clarify the duties of juvenile

44

parole officers, to establish reimbursement rates

45

paid by the Department of Youth Services for

46

outside medical providers, to authorize the

47

Director of Youth Services to designate a deputy

48

director, to modify the formula for expending

49

appropriations for the care and custody of felony

50

delinquents and the purposes for which money in

51

the Felony Delinquent Care and Custody Fund may be

52

used, to allow for unlimited reappointments of

53

members of the Release Authority, to make other

54

changes related to the operations of the

55

Department of Youth Services, and to terminate

56

the ex-offender reentry coalition on December 31,

57

2011, by repealing section 5120.07 of the Revised

58

Code on that date.

59

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

Section 1.  That sections 9.06, 121.05, 124.11, 309.02,	60
321.44, 341.192, 1713.34, 2921.36, 2929.01, 2929.13, 2929.14,	61
2929.141, 2929.15, 2929.17, 2929.19, 2929.20, 2935.36, 2943.032,	62
2949.12, 2951.021, 2951.041, 2953.08, 2953.13, 2967.03, 2967.05,	63
2967.12, 2967.121, 2967.141, 2967.15, 2967.26, 2967.28, 4507.51,	64
5120.52, 5120.63, 5120.66, 5139.02, 5139.18, 5139.281, 5139.31,	65
5139.36, 5139.38, 5139.41, 5139.43, 5139.50, 5145.01, 5145.163,	66
and 5149.06 be amended and sections 9.871, 109.37, 2967.29,	67
4743.06, 5120.07, 5120.59, and 5120.70 of the Revised Code be	68
enacted to read as follows:	69

Sec. 9.06.  (A)(1) The department of rehabilitation and	70
correction shall contract for the private operation and management	71
pursuant to this section of the initial intensive program prison	72
established pursuant to section 5120.033 of the Revised Code and	73
may contract for the private operation and management of any other	74
facility under this section. Counties and municipal corporations	75
to the extent authorized in sections 307.93, 341.35, 753.03, and	76
753.15 of the Revised Code, may contract for the private operation	77
and management of a facility under this section. A contract	78
entered into under this section shall be for an initial term of	79
not more than two years, with an option to renew for additional	80
periods of two years.	81

(2) The department of rehabilitation and correction, by rule,	82
shall adopt minimum criteria and specifications that a person or	83
entity, other than a person or entity that satisfies the criteria	84
set forth in division (A)(3)(a) of this section and subject to	85
division (I) of this section, must satisfy in order to apply to	86
operate and manage as a contractor pursuant to this section the	87
initial intensive program prison established pursuant to section	88
5120.033 of the Revised Code.	89

(3) Subject to division (I) of this section, any person or	90
entity that applies to operate and manage a facility as a	91
contractor pursuant to this section shall satisfy one or more of	92
the following criteria:	93

(a) The person or entity is accredited by the American	94
correctional association and, at the time of the application,	95
operates and manages one or more facilities accredited by the	96
American correctional association.	97

(b) The person or entity satisfies all of the minimum	98
criteria and specifications adopted by the department of	99
rehabilitation and correction pursuant to division (A)(2) of this	100
section, provided that this alternative shall be available only in	101
relation to the initial intensive program prison established	102
pursuant to section 5120.033 of the Revised Code.	103

(4) Subject to division (I) of this section, before a public	104
entity may enter into a contract under this section, the	105
contractor shall convincingly demonstrate to the public entity	106
that it can operate the facility with the inmate capacity required	107
by the public entity and provide the services required in this	108
section and realize at least a five per cent savings over the	109
projected cost to the public entity of providing these same	110
services to operate the facility that is the subject of the	111
contract. No out-of-state prisoners may be housed in any facility	112
that is the subject of a contract entered into under this section.	113

(B) Subject to division (I) of this section, any contract	114
entered into under this section shall include all of the	115
following:	116

(1) A requirement that the contractor retain the contractor's	117
accreditation from the American correctional association	118
throughout the contract term or, if the contractor applied	119
pursuant to division (A)(3)(b) of this section, continue complying	120
with the applicable criteria and specifications adopted by the	121
department of rehabilitation and correction pursuant to division	122
(A)(2) of this section;	123

(2) A requirement that all of the following conditions be	124
met:	125

(a) The contractor begins the process of accrediting the	126
facility with the American correctional association no later than	127
sixty days after the facility receives its first inmate.	128

(b) The contractor receives accreditation of the facility	129
within twelve months after the date the contractor applies to the	130
American correctional association for accreditation.	131

(c) Once the accreditation is received, the contractor	132
maintains it for the duration of the contract term.	133

(d) If the contractor does not comply with divisions	134
(B)(2)(a) to (c) of this section, the contractor is in violation	135
of the contract, and the public entity may revoke the contract at	136
its discretion.	137

(3) A requirement that the contractor comply with all rules	138
promulgated by the department of rehabilitation and correction	139
that apply to the operation and management of correctional	140
facilities, including the minimum standards for jails in Ohio and	141
policies regarding the use of force and the use of deadly force,	142
although the public entity may require more stringent standards,	143
and comply with any applicable laws, rules, or regulations of the	144
federal, state, and local governments, including, but not limited	145
to, sanitation, food service, safety, and health regulations. The	146
contractor shall be required to send copies of reports of	147
inspections completed by the appropriate authorities regarding	148
compliance with rules and regulations to the director of	149
rehabilitation and correction or the director's designee and, if	150
contracting with a local public entity, to the governing authority	151
of that entity.	152

(4) A requirement that the contractor report for	153
investigation all crimes in connection with the facility to the	154
public entity, to all local law enforcement agencies with	155
jurisdiction over the place at which the facility is located, and,	156
for a crime committed at a state correctional institution, to the	157
state highway patrol;	158

(5) A requirement that the contractor immediately report all	159
escapes from the facility, and the apprehension of all escapees,	160
by telephone and in writing to all local law enforcement agencies	161
with jurisdiction over the place at which the facility is located,	162
to the prosecuting attorney of the county in which the facility is	163
located, to the state highway patrol, to a daily newspaper having	164
general circulation in the county in which the facility is	165
located, and, if the facility is a state correctional institution,	166
to the department of rehabilitation and correction. The written	167
notice may be by either facsimile transmission or mail. A failure	168
to comply with this requirement regarding an escape is a violation	169
of section 2921.22 of the Revised Code.	170

(6) A requirement that, if the facility is a state	171
correctional institution, the contractor provide a written report	172
within specified time limits to the director of rehabilitation and	173
correction or the director's designee of all unusual incidents at	174
the facility as defined in rules promulgated by the department of	175
rehabilitation and correction or, if the facility is a local	176
correctional institution, that the contractor provide a written	177
report of all unusual incidents at the facility to the governing	178
authority of the local public entity;	179

(7) A requirement that the contractor maintain proper control	180
of inmates' personal funds pursuant to rules promulgated by the	181
department of rehabilitation and correction, for state	182
correctional institutions, or pursuant to the minimum standards	183
for jails along with any additional standards established by the	184
local public entity, for local correctional institutions, and that	185
records pertaining to these funds be made available to	186
representatives of the public entity for review or audit;	187

(8) A requirement that the contractor prepare and distribute	188
to the director of rehabilitation and correction or, if	189
contracting with a local public entity, to the governing authority	190
of the local entity, annual budget income and expenditure	191
statements and funding source financial reports;	192

(9) A requirement that the public entity appoint and	193
supervise a full-time contract monitor, that the contractor	194
provide suitable office space for the contract monitor at the	195
facility, and that the contractor allow the contract monitor	196
unrestricted access to all parts of the facility and all records	197
of the facility except the contractor's financial records;	198

(10) A requirement that if the facility is a state	199
correctional institution, designated department of rehabilitation	200
and correction staff members be allowed access to the facility in	201
accordance with rules promulgated by the department;	202

(11) A requirement that the contractor provide internal and	203
perimeter security as agreed upon in the contract;	204

(12) If the facility is a state correctional institution, a	205
requirement that the contractor impose discipline on inmates	206
housed in a state correctional institution, only in accordance	207
with rules promulgated by the department of rehabilitation and	208
correction;	209

(13) A requirement that the facility be staffed at all times	210
with a staffing pattern approved by the public entity and adequate	211
both to ensure supervision of inmates and maintenance of security	212
within the facility, and to provide for programs, transportation,	213
security, and other operational needs. In determining security	214
needs, the contractor shall be required to consider, among other	215
things, the proximity of the facility to neighborhoods and	216
schools.	217

(14) If the contract is with a local public entity, a	218
requirement that the contractor provide services and programs,	219
consistent with the minimum standards for jails promulgated by the	220
department of rehabilitation and correction under section 5120.10	221
of the Revised Code;	222

(15) A clear statement that no immunity from liability	223
granted to the state, and no immunity from liability granted to	224
political subdivisions under Chapter 2744. of the Revised Code,	225
shall extend to the contractor or any of the contractor's	226
employees;	227

(16) A statement that all documents and records relevant to	228
the facility shall be maintained in the same manner required for,	229
and subject to the same laws, rules, and regulations as apply to,	230
the records of the public entity;	231

(17) Authorization for the public entity to impose a fine on	232
the contractor from a schedule of fines included in the contract	233
for the contractor's failure to perform its contractual duties, or	234
to cancel the contract, as the public entity considers	235
appropriate. If a fine is imposed, the public entity may reduce	236
the payment owed to the contractor pursuant to any invoice in the	237
amount of the imposed fine.	238

(18) A statement that all services provided or goods produced	239
at the facility shall be subject to the same regulations, and the	240
same distribution limitations, as apply to goods and services	241
produced at other correctional institutions;	242

(19) Authorization for the department to establish one or	243
more prison industries at a facility operated and managed by a	244
contractor for the department;	245

(20) A requirement that, if the facility is an intensive	246
program prison established pursuant to section 5120.033 of the	247
Revised Code, the facility shall comply with all criteria for	248
intensive program prisons of that type that are set forth in that	249
section;	250

(21) If the institution is a state correctional institution,	251
a requirement that the contractor provide clothing for all inmates	252
housed in the facility that is conspicuous in its color, style, or	253
color and style, that conspicuously identifies its wearer as an	254
inmate, and that is readily distinguishable from clothing of a	255
nature that normally is worn outside the facility by non-inmates,	256
that the contractor require all inmates housed in the facility to	257
wear the clothing so provided, and that the contractor not permit	258
any inmate, while inside or on the premises of the facility or	259
while being transported to or from the facility, to wear any	260
clothing of a nature that does not conspicuously identify its	261
wearer as an inmate and that normally is worn outside the facility	262
by non-inmates.	263

(C) No contract entered into under this section may require,	264
authorize, or imply a delegation of the authority or	265
responsibility of the public entity to a contractor for any of the	266
following:	267

(1) Developing or implementing procedures for calculating	268
inmate release and parole eligibility dates and recommending the	269
granting or denying of parole, although the contractor may submit	270
written reports that have been prepared in the ordinary course of	271
business;	272

(2) Developing or implementing procedures for calculating and	273
awarding earned credits, approving the type of work inmates may	274
perform and the wage or earned credits, if any, that may be	275
awarded to inmates engaging in that work, and granting, denying,	276
or revoking earned credits;	277

(3) For inmates serving a term imposed for a felony offense	278
committed prior to July 1, 1996, or for a misdemeanor offense,	279
developing or implementing procedures for calculating and awarding	280
good time, approving the good time, if any, that may be awarded to	281
inmates engaging in work, and granting, denying, or revoking good	282
time;	283

(4) For inmates serving a term imposed for a felony offense	284
committed on or after July 1, 1996, extending an inmate's term	285
pursuant to the provisions of law governing bad time;	286

(5) Classifying an inmate or placing an inmate in a more or a	287
less restrictive custody than the custody ordered by the public	288
entity;	289

(6)(5) Approving inmates for work release;

290

(7)(6) Contracting for local or long distance telephone	291
services for inmates or receiving commissions from those services	292
at a facility that is owned by or operated under a contract with	293
the department.	294

(D) A contractor that has been approved to operate a facility	295
under this section, and a person or entity that enters into a	296
contract for specialized services, as described in division (I) of	297
this section, relative to an intensive program prison established	298
pursuant to section 5120.033 of the Revised Code to be operated by	299
a contractor that has been approved to operate the prison under	300
this section, shall provide an adequate policy of insurance	301
specifically including, but not limited to, insurance for civil	302
rights claims as determined by a risk management or actuarial firm	303
with demonstrated experience in public liability for state	304
governments. The insurance policy shall provide that the state,	305
including all state agencies, and all political subdivisions of	306
the state with jurisdiction over the facility or in which a	307
facility is located are named as insured, and that the state and	308
its political subdivisions shall be sent any notice of	309
cancellation. The contractor may not self-insure.	310

A contractor that has been approved to operate a facility	311
under this section, and a person or entity that enters into a	312
contract for specialized services, as described in division (I) of	313
this section, relative to an intensive program prison established	314
pursuant to section 5120.033 of the Revised Code to be operated by	315
a contractor that has been approved to operate the prison under	316
this section, shall indemnify and hold harmless the state, its	317
officers, agents, and employees, and any local government entity	318
in the state having jurisdiction over the facility or ownership of	319
the facility, shall reimburse the state for its costs in defending	320
the state or any of its officers, agents, or employees, and shall	321
reimburse any local government entity of that nature for its costs	322
in defending the local government entity, from all of the	323
following:	324

(1) Any claims or losses for services rendered by the	325
contractor, person, or entity performing or supplying services in	326
connection with the performance of the contract;	327

(2) Any failure of the contractor, person, or entity or its	328
officers or employees to adhere to the laws, rules, regulations,	329
or terms agreed to in the contract;	330

(3) Any constitutional, federal, state, or civil rights claim	331
brought against the state related to the facility operated and	332
managed by the contractor;	333

(4) Any claims, losses, demands, or causes of action arising	334
out of the contractor's, person's, or entity's activities in this	335
state;	336

(5) Any attorney's fees or court costs arising from any	337
habeas corpus actions or other inmate suits that may arise from	338
any event that occurred at the facility or was a result of such an	339
event, or arise over the conditions, management, or operation of	340
the facility, which fees and costs shall include, but not be	341
limited to, attorney's fees for the state's representation and for	342
any court-appointed representation of any inmate, and the costs of	343
any special judge who may be appointed to hear those actions or	344
suits.	345

(E) Private correctional officers of a contractor operating	346
and managing a facility pursuant to a contract entered into under	347
this section may carry and use firearms in the course of their	348
employment only after being certified as satisfactorily completing	349
an approved training program as described in division (A) of	350
section 109.78 of the Revised Code.	351

(F) Upon notification by the contractor of an escape from, or	352
of a disturbance at, the facility that is the subject of a	353
contract entered into under this section, the department of	354
rehabilitation and correction and state and local law enforcement	355
agencies shall use all reasonable means to recapture escapees or	356
quell any disturbance. Any cost incurred by the state or its	357
political subdivisions relating to the apprehension of an escapee	358
or the quelling of a disturbance at the facility shall be	359
chargeable to and borne by the contractor. The contractor shall	360
also reimburse the state or its political subdivisions for all	361
reasonable costs incurred relating to the temporary detention of	362
the escapee following recapture.	363

(G) Any offense that would be a crime if committed at a state	364
correctional institution or jail, workhouse, prison, or other	365
correctional facility shall be a crime if committed by or with	366
regard to inmates at facilities operated pursuant to a contract	367
entered into under this section.	368

(H) A contractor operating and managing a facility pursuant	369
to a contract entered into under this section shall pay any inmate	370
workers at the facility at the rate approved by the public entity.	371
Inmates working at the facility shall not be considered employees	372
of the contractor.	373

(I) In contracting for the private operation and management	374
pursuant to division (A) of this section of the initial intensive	375
program prison established pursuant to section 5120.033 of the	376
Revised Code or of any other intensive program prison established	377
pursuant to that section, the department of rehabilitation and	378
correction may enter into a contract with a contractor for the	379
general operation and management of the prison and may enter into	380
one or more separate contracts with other persons or entities for	381
the provision of specialized services for persons confined in the	382
prison, including, but not limited to, security or training	383
services or medical, counseling, educational, or similar treatment	384
programs. If, pursuant to this division, the department enters	385
into a contract with a contractor for the general operation and	386
management of the prison and also enters into one or more	387
specialized service contracts with other persons or entities, all	388
of the following apply:	389

(1) The contract for the general operation and management	390
shall comply with all requirements and criteria set forth in this	391
section, and all provisions of this section apply in relation to	392
the prison operated and managed pursuant to the contract.	393

(2) Divisions (A)(2), (B), and (C) of this section do not	394
apply in relation to any specialized services contract, except to	395
the extent that the provisions of those divisions clearly are	396
relevant to the specialized services to be provided under the	397
specialized services contract. Division (D) of this section	398
applies in relation to each specialized services contract.	399

(J) As used in this section:

400

(1) "Public entity" means the department of rehabilitation	401
and correction, or a county or municipal corporation or a	402
combination of counties and municipal corporations, that has	403
jurisdiction over a facility that is the subject of a contract	404
entered into under this section.	405

(2) "Local public entity" means a county or municipal	406
corporation, or a combination of counties and municipal	407
corporations, that has jurisdiction over a jail, workhouse, or	408
other correctional facility used only for misdemeanants that is	409
the subject of a contract entered into under this section.	410

(3) "Governing authority of a local public entity" means, for	411
a county, the board of county commissioners; for a municipal	412
corporation, the legislative authority; for a combination of	413
counties and municipal corporationcorporations, all the boards of	414
county commissioners and municipal legislative authorities that	415
joined to create the facility.	416

(4) "Contractor" means a person or entity that enters into a	417
contract under this section to operate and manage a jail,	418
workhouse, or other correctional facility.	419

(5) "Facility" means the specific county, multicounty,	420
municipal, municipal-county, or multicounty-municipal jail,	421
workhouse, prison, or other type of correctional institution or	422
facility used only for misdemeanants, or a state correctional	423
institution, that is the subject of a contract entered into under	424
this section.	425

(6) "Person or entity" in the case of a contract for the	426
private operation and management of a state correctional	427
institution, includes an employee organization, as defined in	428
section 4117.01 of the Revised Code, that represents employees at	429
state correctional institutions.	430

Sec. 9.871. (A) If an employee of the department of	431
rehabilitation and correction is subject to criminal charges for	432
actions occurring within the scope and in the course of the	433
employee's assigned duties, and if the charges are dismissed or	434
the employee is acquitted of any wrongdoing as a result, the	435
employee may be indemnified for the reasonable cost of legal	436
representation. An employee shall request indemnification by	437
submitting a written request to the director of rehabilitation and	438
correction. The director shall determine whether to recommend	439
indemnification and shall transmit the recommendation to the	440
attorney general. The attorney general shall review the request,	441
the recommendation of the director, and any other information that	442
the attorney general may require and shall decide whether or not	443
the employee is to be indemnified.	444

(B) A decision of the attorney general made under division	445
(A) of this section is not subject to appeal or review in any	446
court or other forum. No person has a right of action against the	447
department of rehabilitation and correction in the court of claims	448
or any other court based on a decision of the attorney general	449
made under division (A) of this section.	450

(C) The indemnification of an employee of the department of	451
rehabilitation and correction pursuant to this section shall be	452
accomplished only through the following procedure:	453

(1) If the director of rehabilitation and correction	454
determines that the actions or omissions of the employee that gave	455
rise to the claim were within the scope of the employee's	456
employment and that the costs of legal representation should be	457
indemnified, the attorney general shall prepare an indemnity	458
agreement. The indemnity agreement shall specify that the	459
department of rehabilitation and correction will indemnify the	460
employee for the expenses of legal representation. The agreement	461
shall not be effective until it is approved by the employee, the	462
director, and the attorney general.	463

(2) The attorney general shall forward a copy of the	464
indemnity agreement to the director of budget and management.	465

(3) The director of budget and management shall charge any	466
indemnification paid pursuant to this section against available	467
unencumbered moneys in the appropriations of the department of	468
rehabilitation and correction. The director of budget and	469
management shall have sole discretion to determine whether or not	470
unencumbered moneys in a particular appropriation are available	471
for payment of the indemnification.	472

(4) The director of budget and management shall, upon receipt	473
of the agreement from the attorney general pursuant to division	474
(C)(1) of this section, provide for payment to the employee in the	475
amount specified in the agreement.	476

(5) If the director of budget and management determines that	477
sufficient unencumbered moneys do not exist in the particular	478
appropriations to pay the indemnification, the director of budget	479
and management shall make application for payment of the	480
indemnification out of the emergency purposes account or any other	481
appropriation for emergencies or contingencies, and payment out of	482
this account or other appropriation shall be authorized if there	483
are sufficient moneys greater than the sum total of then pending	484
emergency purposes account requests, or requests for releases from	485
the other appropriation.	486

(6) If sufficient moneys do not exist in the emergency	487
purposes account or any other appropriation for emergencies or	488
contingencies to pay the indemnification, the director of	489
rehabilitation and correction shall request the general assembly	490
to make an appropriation sufficient to pay the indemnification,	491
and no payment shall be made until the appropriation has been	492
made. The department shall make the appropriation request during	493
the current biennium and during each succeeding biennium until a	494
sufficient appropriation is made.	495

Sec. 109.37. (A) An employee of the department of	496
rehabilitation and correction may be represented in a criminal	497
proceeding by an attorney selected pursuant to division (B) of	498
this section when all of the following apply:	499

(1) The employee used deadly force that resulted in the death	500
of another.	501

(2) The use of deadly force occurred within the scope and in	502
the course of the employee's assigned duties.	503

(3) The employee's use of deadly force is being investigated	504
by a prosecuting attorney or other criminal investigating	505
authority for possible criminal charges.	506

(B) When all of the conditions set forth in division (A) of	507
this section apply, the employee may submit a request for legal	508
representation to the director of rehabilitation and correction.	509
If the director determines that all of the conditions in that	510
division apply, and if the director considers the requested legal	511
representation to be appropriate, the director may approve the	512
request and submit it to the attorney general. Upon receipt of the	513
request, the attorney general shall furnish the employee the names	514
of three attorneys who are admitted to the practice of law in this	515
state and are experienced in the defense of criminal charges. The	516
employee may select one of the attorneys to represent the employee	517
until the grand jury concludes its proceedings or the case is	518
disposed of before the grand jury concludes its proceedings.	519

(C) An attorney who represents an employee pursuant to	520
division (B) of this section shall be paid at the usual rate for	521
like services in the community in which the criminal proceedings	522
occur or at the usual rate paid to special counsel under section	523
109.07 of the Revised Code, as the attorney general decides. The	524
department of rehabilitation and correction shall pay the	525
attorney's compensation and all reasonable expenses and court	526
costs incurred in the defense of the employee. The attorney	527
general may adopt rules concerning the compensation of attorneys	528
pursuant to this division.	529

(D) If a criminal investigation described in division (A)(3)	530
of this section of an employee results in an indictment based on	531
the employee's use of deadly force, an attorney who represents the	532
employee pursuant to division (B) of this section may continue to	533
represent the employee in the criminal proceeding on any terms to	534
which the attorney and employee mutually agree. Subject to section	535
9.871 of the Revised Code, neither the attorney general nor the	536
department of rehabilitation and correction is obligated to	537
provide the employee with legal representation or to pay	538
attorney's fees, expenses, or court costs incurred by the employee	539
following the indictment of the employee.	540

(E) If an employee is represented by an attorney as	541
described in division (B) of this section and if the employee is	542
subsequently convicted of or pleads guilty to a criminal offense	543
based on the employee's use of deadly force, the attorney general	544
or the department of rehabilitation and correction may seek to	545
recover, including by means of a civil action, from the employee	546
the costs of legal representation paid by the department pursuant	547
to division (B) of this section.	548

Sec. 121.05.  Except as otherwise provided in this section,	549
in each department, there shall be an assistant director	550
designated by the director of that department. In the department	551
of health, there shall be two assistant directors, each of whom	552
shall be designated by the director of health. In the department	553
of transportation, there shall be an assistant director for	554
business management, an assistant director for field operations,	555
and an assistant director for transportation policy, each of whom	556
shall be designated by the director of transportation. In the	557
department of insurance, the deputy superintendent of insurance	558
shall be the assistant director. In the department of	559
administrative services, there shall be two assistant directors,	560
each of whom shall be designated by the director of administrative	561
services. In the department of commerce, there shall be two	562
assistant directors, each of whom shall be designated by the	563
director of commerce. In the department of humanjob and family	564
services, there may be up to two assistant directors, each of whom	565
shall be designated by the director of humanjob and family	566
services. In each department with an assistant director, the	567
assistant director shall act as director in the absence or	568
disability of the director and also shall act as director when the	569
position of director is vacant, except that in the department of	570
transportation, the department of health, the department of	571
commerce, the department of administrative services, and the	572
department of humanjob and family services, the director shall	573
designate which assistant director shall act as director in the	574
director's absence. In each department without an assistant	575
director, the director shall designate a deputy director to act as	576
director in the absence or disability of the director.	577

A director may designate any of the director's assistant	578
directors or a deputy director to serve in the director's place as	579
a member of any board, committee, authority, or commission of	580
which the director is, by law, a member. The designee, when	581
present, shall be counted in determining whether a quorum is	582
present at any meeting. The designee may vote and participate in	583
all proceedings and actions of the board, committee, authority, or	584
commission, provided that the designee shall not execute or cause	585
a facsimile of the designee's signature to be placed on any	586
obligation, or execute any trust agreement or indenture. The	587
designation shall be in writing, executed by the designating	588
director, filed with the secretary of the board, committee,	589
authority, or commission, and shall be in effect until withdrawn	590
or superseded by a new designation.	591

Sec. 124.11.  The civil service of the state and the several	592
counties, cities, civil service townships, city health districts,	593
general health districts, and city school districts of the state	594
shall be divided into the unclassified service and the classified	595
service.	596

(A) The unclassified service shall comprise the following	597
positions, which shall not be included in the classified service,	598
and which shall be exempt from all examinations required by this	599
chapter:	600

(1) All officers elected by popular vote or persons appointed	601
to fill vacancies in those offices;	602

(2) All election officers as defined in section 3501.01 of	603
the Revised Code;	604

(3)(a) The members of all boards and commissions, and heads	605
of principal departments, boards, and commissions appointed by the	606
governor or by and with the governor's consent;	607

(b) The heads of all departments appointed by a board of	608
county commissioners;	609

(c) The members of all boards and commissions and all heads	610
of departments appointed by the mayor, or, if there is no mayor,	611
such other similar chief appointing authority of any city or city	612
school district;	613

Except as otherwise provided in division (A)(17) or (C) of	614
this section, this chapter does not exempt the chiefs of police	615
departments and chiefs of fire departments of cities or civil	616
service townships from the competitive classified service.	617

(4) The members of county or district licensing boards or	618
commissions and boards of revision, and not more than five deputy	619
county auditors;	620

(5) All officers and employees elected or appointed by either	621
or both branches of the general assembly, and employees of the	622
city legislative authority engaged in legislative duties;	623

(6) All commissioned, warrant, and noncommissioned officers	624
and enlisted persons in the Ohio organized militia, including	625
military appointees in the adjutant general's department;	626

(7)(a) All presidents, business managers, administrative	627
officers, superintendents, assistant superintendents, principals,	628
deans, assistant deans, instructors, teachers, and such employees	629
as are engaged in educational or research duties connected with	630
the public school system, colleges, and universities, as	631
determined by the governing body of the public school system,	632
colleges, and universities;	633

(b) The library staff of any library in the state supported	634
wholly or in part at public expense.	635

(8) Four clerical and administrative support employees for	636
each of the elective state officers, four clerical and	637
administrative support employees for each board of county	638
commissioners and one such employee for each county commissioner,	639
and four clerical and administrative support employees for other	640
elective officers and each of the principal appointive executive	641
officers, boards, or commissions, except for civil service	642
commissions, that are authorized to appoint such clerical and	643
administrative support employees;	644

(9) The deputies and assistants of state agencies authorized	645
to act for and on behalf of the agency, or holding a fiduciary or	646
administrative relation to that agency and those persons employed	647
by and directly responsible to elected county officials or a	648
county administrator and holding a fiduciary or administrative	649
relationship to such elected county officials or county	650
administrator, and the employees of such county officials whose	651
fitness would be impracticable to determine by competitive	652
examination, provided that division (A)(9) of this section shall	653
not affect those persons in county employment in the classified	654
service as of September 19, 1961. Nothing in division (A)(9) of	655
this section applies to any position in a county department of job	656
and family services created pursuant to Chapter 329. of the	657
Revised Code.	658

(10) Bailiffs, constables, official stenographers, and	659
commissioners of courts of record, deputies of clerks of the	660
courts of common pleas who supervise or who handle public moneys	661
or secured documents, and such officers and employees of courts of	662
record and such deputies of clerks of the courts of common pleas	663
as the director of administrative services finds it impracticable	664
to determine their fitness by competitive examination;	665

(11) Assistants to the attorney general, special counsel	666
appointed or employed by the attorney general, assistants to	667
county prosecuting attorneys, and assistants to city directors of	668
law;	669

(12) Such teachers and employees in the agricultural	670
experiment stations; such students in normal schools, colleges,	671
and universities of the state who are employed by the state or a	672
political subdivision of the state in student or intern	673
classifications; and such unskilled labor positions as the	674
director of administrative services or any municipal civil service	675
commission may find it impracticable to include in the competitive	676
classified service; provided such exemptions shall be by order of	677
the commission or the director, duly entered on the record of the	678
commission or the director with the reasons for each such	679
exemption;	680

(13) Any physician or dentist who is a full-time employee of	681
the department of mental health, the department of mental	682
retardation and developmental disabilities, or an institution	683
under the jurisdiction of either department; and physicians who	684
are in residency programs at the institutions;	685

(14) Up to twenty positions at each institution under the	686
jurisdiction of the department of mental health or the department	687
of mental retardation and developmental disabilities that the	688
department director determines to be primarily administrative or	689
managerial; and up to fifteen positions in any division of either	690
department, excluding administrative assistants to the director	691
and division chiefs, which are within the immediate staff of a	692
division chief and which the director determines to be primarily	693
and distinctively administrative and managerial;	694

(15) Noncitizens of the United States employed by the state,	695
or its counties or cities, as physicians or nurses who are duly	696
licensed to practice their respective professions under the laws	697
of this state, or medical assistants, in mental or chronic disease	698
hospitals, or institutions;	699

(16) Employees of the governor's office;

700

(17) Fire chiefs and chiefs of police in civil service	701
townships appointed by boards of township trustees under section	702
505.38 or 505.49 of the Revised Code;	703

(18) Executive directors, deputy directors, and program	704
directors employed by boards of alcohol, drug addiction, and	705
mental health services under Chapter 340. of the Revised Code, and	706
secretaries of the executive directors, deputy directors, and	707
program directors;	708

(19) Superintendents, and management employees as defined in	709
section 5126.20 of the Revised Code, of county boards of mental	710
retardation and developmental disabilities;	711

(20) Physicians, nurses, and other employees of a county	712
hospital who are appointed pursuant to sections 339.03 and 339.06	713
of the Revised Code;	714

(21) The executive director of the state medical board, who	715
is appointed pursuant to division (B) of section 4731.05 of the	716
Revised Code;	717

(22) County directors of job and family services as provided	718
in section 329.02 of the Revised Code and administrators appointed	719
under section 329.021 of the Revised Code;	720

(23) A director of economic development who is hired pursuant	721
to division (A) of section 307.07 of the Revised Code;	722

(24) Chiefs of construction and compliance, of operations and	723
maintenance, and of licensing and certification in the division of	724
industrial compliance in the department of commerce;	725

(25) The executive director of a county transit system	726
appointed under division (A) of section 306.04 of the Revised	727
Code;	728

(26) Up to five positions at each of the administrative	729
departments listed in section 121.02 of the Revised Code and at	730
the department of taxation, department of the adjutant general,	731
department of education, Ohio board of regents, bureau of workers'	732
compensation, industrial commission, state lottery commission, and	733
public utilities commission of Ohio that the head of that	734
administrative department or of that other state agency determines	735
to be involved in policy development and implementation. The head	736
of the administrative department or other state agency shall set	737
the compensation for employees in these positions at a rate that	738
is not less than the minimum compensation specified in pay range	739
41 but not more than the maximum compensation specified in pay	740
range 44 of salary schedule E-2 in section 124.152 of the Revised	741
Code. The authority to establish positions in the unclassified	742
service under division (A)(26) of this section is in addition to	743
and does not limit any other authority that an administrative	744
department or state agency has under the Revised Code to establish	745
positions, appoint employees, or set compensation.	746

(27) Employees of the department of agriculture employed	747
under section 901.09 of the Revised Code;	748

(28) For cities, counties, civil service townships, city	749
health districts, general health districts, and city school	750
districts, the deputies and assistants of elective or principal	751
executive officers authorized to act for and in the place of their	752
principals or holding a fiduciary relation to their principals;	753

(29) Employees who receive intermittent or temporary	754
appointments under division (B) of section 124.30 of the Revised	755
Code;	756

(30) Employees appointed to administrative staff positions	757
for which an appointing authority is given specific statutory	758
authority to set compensation;	759

(31) Employees appointed to highway patrol cadet or highway	760
patrol cadet candidate classifications;	761

(32) Employees placed in the unclassified service by another	762
section of the Revised Code.	763

(B) The classified service shall comprise all persons in the	764
employ of the state and the several counties, cities, city health	765
districts, general health districts, and city school districts of	766
the state, not specifically included in the unclassified service.	767
Upon the creation by the board of trustees of a civil service	768
township civil service commission, the classified service shall	769
also comprise, except as otherwise provided in division (A)(17) or	770
(C) of this section, all persons in the employ of a civil service	771
township police or fire department having ten or more full-time	772
paid employees. The classified service consists of two classes,	773
which shall be designated as the competitive class and the	774
unskilled labor class.	775

(1) The competitive class shall include all positions and	776
employments in the state and the counties, cities, city health	777
districts, general health districts, and city school districts of	778
the state, and, upon the creation by the board of trustees of a	779
civil service township of a township civil service commission, all	780
positions in a civil service township police or fire department	781
having ten or more full-time paid employees, for which it is	782
practicable to determine the merit and fitness of applicants by	783
competitive examinations. Appointments shall be made to, or	784
employment shall be given in, all positions in the competitive	785
class that are not filled by promotion, reinstatement, transfer,	786
or reduction, as provided in this chapter, and the rules of the	787
director of administrative services, by appointment from those	788
certified to the appointing officer in accordance with this	789
chapter.	790

(2) The unskilled labor class shall include ordinary	791
unskilled laborers. Vacancies in the labor class for positions in	792
service of the state shall be filled by appointment from lists of	793
applicants registered by the director. Vacancies in the labor	794
class for all other positions shall be filled by appointment from	795
lists of applicants registered by a commission. The director or	796
the commission, as applicable, by rule, shall require an applicant	797
for registration in the labor class to furnish evidence or take	798
tests as the director or commission considers proper with respect	799
to age, residence, physical condition, ability to labor, honesty,	800
sobriety, industry, capacity, and experience in the work or	801
employment for which application is made. Laborers who fulfill the	802
requirements shall be placed on the eligible list for the kind of	803
labor or employment sought, and preference shall be given in	804
employment in accordance with the rating received from that	805
evidence or in those tests. Upon the request of an appointing	806
officer, stating the kind of labor needed, the pay and probable	807
length of employment, and the number to be employed, the director	808
or commission, as applicable, shall certify from the highest on	809
the list double the number to be employed; from this number, the	810
appointing officer shall appoint the number actually needed for	811
the particular work. If more than one applicant receives the same	812
rating, priority in time of application shall determine the order	813
in which their names shall be certified for appointment.	814

(C) A municipal or civil service township civil service	815
commission may place volunteer firefighters who are paid on a	816
fee-for-service basis in either the classified or the unclassified	817
civil service.	818

(D) This division does not apply to persons in the	819
unclassified service who have the right to resume positions in the	820
classified service under sections 4121.121, 5119.071, 5120.07,	821
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	822
Revised Code.	823

An appointing authority whose employees are paid directly by	824
warrant of the director of budget and management may appoint a	825
person who holds a certified position in the classified service	826
within the appointing authority's agency to a position in the	827
unclassified service within that agency. A person appointed	828
pursuant to this division to a position in the unclassified	829
service shall retain the right to resume the position and status	830
held by the person in the classified service immediately prior to	831
the person's appointment to the position in the unclassified	832
service, regardless of the number of positions the person held in	833
the unclassified service. An employee's right to resume a position	834
in the classified service may only be exercised when an appointing	835
authority demotes the employee to a pay range lower than the	836
employee's current pay range or revokes the employee's appointment	837
to the unclassified service. An employee forfeits the right to	838
resume a position in the classified service when the employee is	839
removed from the position in the unclassified service due to	840
incompetence, inefficiency, dishonesty, drunkenness, immoral	841
conduct, insubordination, discourteous treatment of the public,	842
neglect of duty, violation of this chapter or the rules of the	843
director of administrative services, any other failure of good	844
behavior, any other acts of misfeasance, malfeasance, or	845
nonfeasance in office, or conviction of a felony. An employee also	846
forfeits the right to resume a position in the classified service	847
upon transfer to a different agency.	848

Reinstatement to a position in the classified service shall	849
be to a position substantially equal to that position in the	850
classified service held previously, as certified by the director	851
of administrative services. If the position the person previously	852
held in the classified service has been placed in the unclassified	853
service or is otherwise unavailable, the person shall be appointed	854
to a position in the classified service within the appointing	855
authority's agency that the director of administrative services	856
certifies is comparable in compensation to the position the person	857
previously held in the classified service. Service in the position	858
in the unclassified service shall be counted as service in the	859
position in the classified service held by the person immediately	860
prior to the person's appointment to the position in the	861
unclassified service. When a person is reinstated to a position in	862
the classified service as provided in this division, the person is	863
entitled to all rights, status, and benefits accruing to the	864
position in the classified service during the person's time of	865
service in the position in the unclassified service.	866

Sec. 309.02.  No person shall be eligible as a candidate for	867
the office of prosecuting attorney, or shall be elected to such	868
office, who is not an attorney at law licensed to practice law in	869
this state and has not engaged in the practice of law in this	870
state for a total of at least five years preceding the person's	871
appointment to or commencement of a term of office as a	872
prosecuting attorney. No prosecuting attorney shall be a member of	873
the general assembly of this state or mayor of a municipal	874
corporation.	875

Sec. 321.44.  (A)(1) A county probation services fund shall	876
be established in the county treasury of each county. The fund a	877
county establishes under this division shall contain all moneys	878
paid to the treasurer of the county under section 2951.021 of the	879
Revised Code for deposit into the fund. The moneys paid into the	880
fund shall be deposited by the treasurer of the county into the	881
appropriate account established under divisions (A)(1)(a) to (d)	882
of this section. Separate accounts shall be maintained in	883
accordance with the following criteria in the fund a county	884
establishes under this division:	885

(a) If a county department of probation is established in the	886
county, a separate account shall be maintained in the fund for the	887
county department of probation.	888

(b) If the judges of the court of common pleas of the county	889
have affiliated with the judges of the court of common pleas of	890
one or more other counties and have established a multicounty	891
department of probation, a separate account shall be maintained in	892
the fund for the multicounty department of probation.	893

(c) If a department of probation is established in a	894
county-operated municipal court that has jurisdiction within the	895
county, a separate account shall be maintained in the fund for the	896
municipal court department of probation.	897

(d) If a county department of probation has not been	898
established in the county and if the court of common pleas of the	899
county, pursuant to section 2301.32 of the Revised Code, has	900
entered into an agreement with the adult parole authority under	901
which the court may place defendants under a community control	902
sanction in charge of the authority, a separate account shall be	903
maintained in the fund for the adult parole authoritycourt of	904
common pleas.	905

(2) For any county, if a county department of probation is	906
established in the county or if a department of probation is	907
established in a county-operated municipal court that has	908
jurisdiction within the county, the board of county commissioners	909
of the county shall appropriate to the county department of	910
probation or municipal court department of probation all money	911
that is contained in the department's account in the county	912
probation services fund established in the county for use only for	913
specialized staff, purchase of equipment, purchase of services,	914
reconciliation programs for offenders and victims, other treatment	915
programs, including alcohol and drug addiction programs certified	916
under section 3793.06 of the Revised Code, determined to be	917
appropriate by the chief probation officer of the department of	918
probation, and other similar expenses related to placing offenders	919
under a community control sanction.	920

For any county, if the judges of the court of common pleas of	921
the county have affiliated with the judges of the court of common	922
pleas of one or more other counties and have established a	923
multicounty department of probation to serve the counties, the	924
board of county commissioners of the county shall appropriate and	925
the county treasurer shall transfer to the multicounty probation	926
services fund established for the multicounty department of	927
probation under division (B) of this section all money that is	928
contained in the multicounty department of probation account in	929
the county probation services fund established in the county for	930
use in accordance with that division.	931

For any county, if a county department of probation has not	932
been established in the county and if the court of common pleas of	933
the county, pursuant to section 2301.32 of the Revised Code, has	934
entered into an agreement with the adult parole authority under	935
which the court may place defendants under a community control	936
sanction in charge of the authority, the board of county	937
commissioners of the county shall appropriate and the county	938
treasurer shall transfer to the adult parole authority probation	939
services fund established under section 5149.06 of the Revised	940
Codecourt all money that is contained in the adult parole	941
authoritycourt's account in the county probation services fund	942
established in the county for use in accordance with section	943
5149.06 of the Revised Codeonly for specialized staff, purchase	944
of equipment, purchase of services, reconciliation programs for	945
offenders and victims, other treatment and recovery support	946
services, including properly credentialed treatment and recovery	947
support services program providers or those certified under	948
section 3793.06 of the Revised Code, determined to be appropriate	949
by the authority, and other similar uses related to placing	950
offenders under a community control sanction.	951

(B) If the judges of the courts of common pleas of two or	952
more counties have established a multicounty department of	953
probation, a multicounty probation services fund shall be	954
established in the county treasury of the county whose treasurer,	955
in accordance with section 2301.27 of the Revised Code, is	956
designated by the judges of the courts of common pleas as the	957
treasurer to whom monthly supervision fees are to be appropriated	958
and transferred under division (A)(2) of this section for deposit	959
into the fund. The fund shall contain all moneys that are paid to	960
the treasurer of any member county under section 2951.021 of the	961
Revised Code for deposit into the county's probation services fund	962
and that subsequently are appropriated and transferred to the	963
multicounty probation services fund under division (A)(2) of this	964
section. The board of county commissioners of the county in which	965
the multicounty probation services fund is established shall	966
appropriate the money contained in that fund to the multicounty	967
department of probation, for use only for specialized staff,	968
purchase of equipment, purchase of services, reconciliation	969
programs for offenders and victims, other treatment programs,	970
including alcohol and drug addiction programs certified under	971
section 3793.06 of the Revised Code, determined to be appropriate	972
by the chief probation officer, and for other similar expenses	973
related to placing offenders under a community control sanction.	974

(C) Any money in a county or multicounty probation services	975
fund at the end of a fiscal year shall not revert to the general	976
fund of the county but shall be retained in the fund.	977

(D) As used in this section:

978

(1) "County-operated municipal court" has the same meaning as	979
in section 1901.03 of the Revised Code.	980

(2) "Multicounty department of probation" means a probation	981
department established under section 2301.27 of the Revised Code	982
to serve more than one county.	983

(3) "Community control sanction" has the same meaning as in	984
section 2929.01 of the Revised Code.	985

Sec. 341.192. (A) As used in this section:

986

(1) "Medical assistance program" has the same meaning as in	987
section 2913.40 of the Revised Code.	988

(2) "Medical provider" means a physician, hospital,	989
laboratory, pharmacy, or other health care provider that is not	990
employed by or under contract to a county, the department of youth	991
services, or the department of rehabilitation and correction to	992
provide medical services to persons confined in the county jail or	993
a state correctional institution.	994

(3) "Necessary care" means medical care of a nonelective	995
nature that cannot be postponed until after the period of	996
confinement of a person who is confined in a county jail or a	997
state correctional institution or is in the custody of a law	998
enforcement officer without endangering the life or health of the	999
person.	1000

(B) If a physician employed by or under contract to a county,	1001
the department of youth services, or the department of	1002
rehabilitation and correction to provide medical services to	1003
persons confined in the county jail or state correctional	1004
institution determines that a person who is confined in the county	1005
jail or a state correctional institution or who is in the custody	1006
of a law enforcement officer prior to the person's confinement in	1007
the county jail or a state correctional institution requires	1008
necessary care that the physician cannot provide, the necessary	1009
care shall be provided by a medical provider. The county, the	1010
department of youth services, or the department of rehabilitation	1011
and correction shall pay a medical provider for necessary care an	1012
amount not exceeding the authorized reimbursement rate for the	1013
same service established by the department of job and family	1014
services under the medical assistance program.	1015

Sec. 1713.34.  Superintendents of city hospitals, directors	1016
or superintendents of city infirmaries, county homes, or other	1017
charitable institutions, directors or superintendents of	1018
workhouses, founded and supported in whole or in part at public	1019
expense, superintendents or managing officers of state benevolent	1020
or correctional institutions, boards of township trustees,	1021
sheriffs, or coroners, in possession of bodies not claimed or	1022
identified, or which must be buried at the expense of the state,	1023
county, or township, before burial, shall notify the professor of	1024
anatomy in a college which by its charter is empowered to teach	1025
anatomy, or the secretary of the board of embalmers and funeral	1026
directors of this state, of the fact that such bodies are being so	1027
held. If after a period of thirty-six hours the body has not been	1028
accepted by friends or relatives for burial at their expense, such	1029
superintendent, director, or other officer, on the written	1030
application of such professor, or the secretary of the board of	1031
embalmers and funeral directors, shall deliver to such professor	1032
or secretary, for the purpose of medical or surgical study or	1033
dissection or for the study of embalming, the body of any such	1034
person who died in any of such institutions from any disease which	1035
is not infectious. The expense of the delivery of the body shall	1036
be borne by the parties in whose keeping the body was placed.	1037

Sec. 2921.36.  (A) No person shall knowingly convey, or	1038
attempt to convey, onto the grounds of a detention facility or of	1039
an institution, office building, or other place that is under the	1040
control of the department of mental health or, the department of	1041
mental retardation and developmental disabilities, the department	1042
of youth services, or the department of rehabilitation and	1043
correction any of the following items:	1044

(1) Any deadly weapon or dangerous ordnance, as defined in	1045
section 2923.11 of the Revised Code, or any part of or ammunition	1046
for use in such a deadly weapon or dangerous ordnance;	1047

(2) Any drug of abuse, as defined in section 3719.011 of the	1048
Revised Code;	1049

(3) Any intoxicating liquor, as defined in section 4301.01 of	1050
the Revised Code.	1051

(B) Division (A) of this section does not apply to any person	1052
who conveys or attempts to convey an item onto the grounds of a	1053
detention facility or of an institution, office building, or other	1054
place under the control of the department of mental health or, the	1055
department of mental retardation and developmental disabilities,	1056
the department of youth services, or the department of	1057
rehabilitation and correction pursuant to the written	1058
authorization of the person in charge of the detention facility or	1059
the institution, office building, or other place and in accordance	1060
with the written rules of the detention facility or the	1061
institution, office building, or other place.	1062

(C) No person shall knowingly deliver, or attempt to deliver,	1063
to any person who is confined in a detention facility, to a child	1064
confined in a youth services facility, to a prisoner who is	1065
temporarily released from confinement for a work assignment, or to	1066
any patient in an institution under the control of the department	1067
of mental health or the department of mental retardation and	1068
developmental disabilities, any item listed in division (A)(1),	1069
(2), or (3) of this section.	1070

(D) No person shall knowingly deliver, or attempt to deliver,	1071
cash to any person who is confined in a detention facility, to a	1072
child confined in a youth services facility, or to a prisoner who	1073
is temporarily released from confinement for a work assignment.	1074

(E) No person shall knowingly deliver, or attempt to deliver,	1075
to any person who is confined in a detention facility, to a child	1076
confined in a youth services facility, or to a prisoner who is	1077
temporarily released from confinement for a work assignment a	1078
cellular telephone, two-way radio, or other electronic	1079
communications device.	1080

(F)(1) It is an affirmative defense to a charge under	1081
division (A)(1) of this section that the weapon or dangerous	1082
ordnance in question was being transported in a motor vehicle for	1083
any lawful purpose, that it was not on the actor's person, and, if	1084
the weapon or dangerous ordnance in question was a firearm, that	1085
it was unloaded and was being carried in a closed package, box, or	1086
case or in a compartment that can be reached only by leaving the	1087
vehicle.	1088

(2) It is an affirmative defense to a charge under division	1089
(C) of this section that the actor was not otherwise prohibited by	1090
law from delivering the item to the confined person, the child,	1091
the prisoner, or the patient and that either of the following	1092
applies:	1093

(a) The actor was permitted by the written rules of the	1094
detention facility or the institution, office building, or other	1095
place to deliver the item to the confined person or the patient.	1096

(b) The actor was given written authorization by the person	1097
in charge of the detention facility or the institution, office	1098
building, or other place to deliver the item to the confined	1099
person or the patient.	1100

(G)(1) Whoever violates division (A)(1) of this section or	1101
commits a violation of division (C) of this section involving an	1102
item listed in division (A)(1) of this section is guilty of	1103
illegal conveyance of weapons onto the grounds of a detention	1104
specified governmental facility or a mental health or mental	1105
retardation and developmental disabilities institution, a felony	1106
of the fourththird degree. If the offender is an officer or	1107
employee of the department of rehabilitation and correction, the	1108
court shall impose a mandatory prison term.	1109

(2) Whoever violates division (A)(2) of this section or	1110
commits a violation of division (C) of this section involving any	1111
drug of abuse is guilty of illegal conveyance of drugs of abuse	1112
onto the grounds of a detentionspecified governmental facility or	1113
a mental health or mental retardation and developmental	1114
disabilities institution, a felony of the third degree. If the	1115
offender is an officer or employee of the department of	1116
rehabilitation and correction or of the department of youth	1117
services, the court shall impose a mandatory prison term.	1118

(3) Whoever violates division (A)(3) of this section or	1119
commits a violation of division (C) of this section involving any	1120
intoxicating liquor is guilty of illegal conveyance of	1121
intoxicating liquor onto the grounds of a detentionspecified	1122
governmental facility or a mental health or mental retardation and	1123
developmental disabilities institution, a misdemeanor of the	1124
second degree.	1125

(4) Whoever violates division (D) of this section is guilty	1126
of illegal conveyance of cash onto the grounds of a detention	1127
facility, a misdemeanor of the first degree. If the offender	1128
previously has been convicted of or pleaded guilty to a violation	1129
of division (D) of this section, illegal conveyance of cash onto	1130
the grounds of a detention facility is a felony of the fifth	1131
degree.	1132

(5) Whoever violates division (E) of this section is guilty	1133
of illegal conveyance of a communications device onto the grounds	1134
of a detentionspecified governmental facility, a misdemeanor of	1135
the first degree, or if the offender previously has been convicted	1136
of or pleaded guilty to a violation of division (E) of this	1137
section, a felony of the fifth degree.	1138

Sec. 2929.01.  As used in this chapter:

1139

(A)(1) "Alternative residential facility" means, subject to	1140
division (A)(2) of this section, any facility other than an	1141
offender's home or residence in which an offender is assigned to	1142
live and that satisfies all of the following criteria:	1143

(a) It provides programs through which the offender may seek	1144
or maintain employment or may receive education, training,	1145
treatment, or habilitation.	1146

(b) It has received the appropriate license or certificate	1147
for any specialized education, training, treatment, habilitation,	1148
or other service that it provides from the government agency that	1149
is responsible for licensing or certifying that type of education,	1150
training, treatment, habilitation, or service.	1151

(2) "Alternative residential facility" does not include a	1152
community-based correctional facility, jail, halfway house, or	1153
prison.	1154

(B) "Bad time" means the time by which the parole board	1155
administratively extends an offender's stated prison term or terms	1156
pursuant to section 2967.11 of the Revised Code because the parole	1157
board finds by clear and convincing evidence that the offender,	1158
while serving the prison term or terms, committed an act that is a	1159
criminal offense under the law of this state or the United States,	1160
whether or not the offender is prosecuted for the commission of	1161
that act.	1162

(C) "Basic probation supervision" means a requirement that	1163
the offender maintain contact with a person appointed to supervise	1164
the offender in accordance with sanctions imposed by the court or	1165
imposed by the parole board pursuant to section 2967.28 of the	1166
Revised Code. "Basic probation supervision" includes basic parole	1167
supervision and basic post-release control supervision.	1168

(D)(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1169
"unit dose" have the same meanings as in section 2925.01 of the	1170
Revised Code.	1171

(E)(D) "Community-based correctional facility" means a	1172
community-based correctional facility and program or district	1173
community-based correctional facility and program developed	1174
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1175

(F)(E) "Community control sanction" means a sanction that is	1176
not a prison term and that is described in section 2929.15,	1177
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction	1178
that is not a jail term and that is described in section 2929.26,	1179
2929.27, or 2929.28 of the Revised Code. "Community control	1180
sanction" includes probation if the sentence involved was imposed	1181
for a felony that was committed prior to July 1, 1996, or if the	1182
sentence involved was imposed for a misdemeanor that was committed	1183
prior to January 1, 2004.	1184

(G)(F) "Controlled substance," "marihuana," "schedule I," and	1185
"schedule II" have the same meanings as in section 3719.01 of the	1186
Revised Code.	1187

(H)(G) "Curfew" means a requirement that an offender during a	1188
specified period of time be at a designated place.	1189

(I)(H) "Day reporting" means a sanction pursuant to which an	1190
offender is required each day to report to and leave a center or	1191
other approved reporting location at specified times in order to	1192
participate in work, education or training, treatment, and other	1193
approved programs at the center or outside the center.	1194

(J)(I) "Deadly weapon" has the same meaning as in section	1195
2923.11 of the Revised Code.	1196

(K)(J) "Drug and alcohol use monitoring" means a program	1197
under which an offender agrees to submit to random chemical	1198
analysis of the offender's blood, breath, or urine to determine	1199
whether the offender has ingested any alcohol or other drugs.	1200

(L)(K) "Drug treatment program" means any program under which	1201
a person undergoes assessment and treatment designed to reduce or	1202
completely eliminate the person's physical or emotional reliance	1203
upon alcohol, another drug, or alcohol and another drug and under	1204
which the person may be required to receive assessment and	1205
treatment on an outpatient basis or may be required to reside at a	1206
facility other than the person's home or residence while	1207
undergoing assessment and treatment.	1208

(M)(L) "Economic loss" means any economic detriment suffered	1209
by a victim as a direct and proximate result of the commission of	1210
an offense and includes any loss of income due to lost time at	1211
work because of any injury caused to the victim, and any property	1212
loss, medical cost, or funeral expense incurred as a result of	1213
the commission of the offense. "Economic loss" does not include	1214
non-economic loss or any punitive or exemplary damages.	1215

(N)(M) "Education or training" includes study at, or in	1216
conjunction with a program offered by, a university, college, or	1217
technical college or vocational study and also includes the	1218
completion of primary school, secondary school, and literacy	1219
curricula or their equivalent.	1220

(O)(N) "Firearm" has the same meaning as in section 2923.11	1221
of the Revised Code.	1222

(P)(O) "Halfway house" means a facility licensed by the	1223
division of parole and community services of the department of	1224
rehabilitation and correction pursuant to section 2967.14 of the	1225
Revised Code as a suitable facility for the care and treatment of	1226
adult offenders.	1227

(Q)(P) "House arrest" means a period of confinement of an	1228
offender that is in the offender's home or in other premises	1229
specified by the sentencing court or by the parole board pursuant	1230
to section 2967.28 of the Revised Code and during which all of the	1231
following apply:	1232

(1) The offender is required to remain in the offender's home	1233
or other specified premises for the specified period of	1234
confinement, except for periods of time during which the offender	1235
is at the offender's place of employment or at other premises as	1236
authorized by the sentencing court or by the parole board.	1237

(2) The offender is required to report periodically to a	1238
person designated by the court or parole board.	1239

(3) The offender is subject to any other restrictions and	1240
requirements that may be imposed by the sentencing court or by the	1241
parole board.	1242

(R)(Q) "Intensive probation supervision" means a requirement	1243
that an offender maintain frequent contact with a person appointed	1244
by the court, or by the parole board pursuant to section 2967.28	1245
of the Revised Code, to supervise the offender while the offender	1246
is seeking or maintaining necessary employment and participating	1247
in training, education, and treatment programs as required in the	1248
court's or parole board's order. "Intensive probation supervision"	1249
includes intensive parole supervision and intensive post-release	1250
control supervision.	1251

(S)(R) "Jail" means a jail, workhouse, minimum security jail,	1252
or other residential facility used for the confinement of alleged	1253
or convicted offenders that is operated by a political	1254
subdivision or a combination of political subdivisions of this	1255
state.	1256

(T)(S) "Jail term" means the term in a jail that a sentencing	1257
court imposes or is authorized to impose pursuant to section	1258
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1259
provision of the Revised Code that authorizes a term in a jail for	1260
a misdemeanor conviction.	1261

(U)(T) "Mandatory jail term" means the term in a jail that a	1262
sentencing court is required to impose pursuant to division (G) of	1263
section 1547.99 of the Revised Code, division (E) of section	1264
2903.06 or division (D) of section 2903.08 of the Revised Code,	1265
division (E) of section 2929.24 of the Revised Code, division (B)	1266
of section 4510.14 of the Revised Code, or division (G) of section	1267
4511.19 of the Revised Code or pursuant to any other provision of	1268
the Revised Code that requires a term in a jail for a misdemeanor	1269
conviction.	1270

(V)(U) "Delinquent child" has the same meaning as in section	1271
2152.02 of the Revised Code.	1272

(W)(V) "License violation report" means a report that is made	1273
by a sentencing court, or by the parole board pursuant to section	1274
2967.28 of the Revised Code, to the regulatory or licensing board	1275
or agency that issued an offender a professional license or a	1276
license or permit to do business in this state and that specifies	1277
that the offender has been convicted of or pleaded guilty to an	1278
offense that may violate the conditions under which the offender's	1279
professional license or license or permit to do business in this	1280
state was granted or an offense for which the offender's	1281
professional license or license or permit to do business in this	1282
state may be revoked or suspended.	1283

(X)(W) "Major drug offender" means an offender who is	1284
convicted of or pleads guilty to the possession of, sale of, or	1285
offer to sell any drug, compound, mixture, preparation, or	1286
substance that consists of or contains at least one thousand grams	1287
of hashish; at least one hundred grams of crack cocaine; at least	1288
one thousand grams of cocaine that is not crack cocaine; at least	1289
two thousand five hundred unit doses or two hundred fifty grams of	1290
heroin; at least five thousand unit doses of L.S.D. or five	1291
hundred grams of L.S.D. in a liquid concentrate, liquid extract,	1292
or liquid distillate form; or at least one hundred times the	1293
amount of any other schedule I or II controlled substance other	1294
than marihuana that is necessary to commit a felony of the third	1295
degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11	1296
of the Revised Code that is based on the possession of, sale of,	1297
or offer to sell the controlled substance.	1298

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

1299

(1) Subject to division (Y)(X)(2) of this section, the term	1300
in prison that must be imposed for the offenses or circumstances	1301
set forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1302
2929.13 and division (D) of section 2929.14 of the Revised Code.	1303
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1304
and 2925.11 of the Revised Code, unless the maximum or another	1305
specific term is required under section 2929.14 or 2929.142 of the	1306
Revised Code, a mandatory prison term described in this division	1307
may be any prison term authorized for the level of offense.	1308

(2) The term of sixty or one hundred twenty days in prison	1309
that a sentencing court is required to impose for a third or	1310
fourth degree felony OVI offense pursuant to division (G)(2) of	1311
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1312
of the Revised Code or the term of one, two, three, four, or five	1313
years in prison that a sentencing court is required to impose	1314
pursuant to division (G)(2) of section 2929.13 of the Revised	1315
Code.	1316

(3) The term in prison imposed pursuant to division (A) of	1317
section 2971.03 of the Revised Code for the offenses and in the	1318
circumstances described in division (F)(11) of section 2929.13 of	1319
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1320
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1321
2971.03 of the Revised Code and that term as modified or	1322
terminated pursuant to section 2971.05 of the Revised Code.	1323

(Z)(Y) "Monitored time" means a period of time during which	1324
an offender continues to be under the control of the sentencing	1325
court or parole board, subject to no conditions other than leading	1326
a law-abiding life.	1327

(AA)(Z) "Offender" means a person who, in this state, is	1328
convicted of or pleads guilty to a felony or a misdemeanor.	1329

(BB)(AA) "Prison" means a residential facility used for the	1330
confinement of convicted felony offenders that is under the	1331
control of the department of rehabilitation and correction but	1332
does not include a violation sanction center operated under	1333
authority of section 2967.141 of the Revised Code.	1334

(CC)(BB) "Prison term" includes anyeither of the following	1335
sanctions for an offender:	1336

(1) A stated prison term;

1337

(2) A term in a prison shortened by, or with the approval of,	1338
the sentencing court pursuant to section 2929.20, 2967.26,	1339
5120.031, 5120.032, or 5120.073 of the Revised Code;	1340

(3) A term in prison extended by bad time imposed pursuant to	1341
section 2967.11 of the Revised Code or imposed for a violation of	1342
post-release control pursuant to section 2967.28 of the Revised	1343
Code.	1344

(DD)(CC) "Repeat violent offender" means a person about whom	1345
both of the following apply:	1346

(1) The person is being sentenced for committing or for	1347
complicity in committing any of the following:	1348

(a) Aggravated murder, murder, any felony of the first or	1349
second degree that is an offense of violence, or an attempt to	1350
commit any of these offenses if the attempt is a felony of the	1351
first or second degree;	1352

(b) An offense under an existing or former law of this state,	1353
another state, or the United States that is or was substantially	1354
equivalent to an offense described in division (DD)(CC)(1)(a) of	1355
this section.	1356

(2) The person previously was convicted of or pleaded guilty	1357
to an offense described in division (DD)(CC)(1)(a) or (b) of this	1358
section.	1359

(EE)(DD) "Sanction" means any penalty imposed upon an	1360
offender who is convicted of or pleads guilty to an offense, as	1361
punishment for the offense. "Sanction" includes any sanction	1362
imposed pursuant to any provision of sections 2929.14 to 2929.18	1363
or 2929.24 to 2929.28 of the Revised Code.	1364

(FF)(EE) "Sentence" means the sanction or combination of	1365
sanctions imposed by the sentencing court on an offender who is	1366
convicted of or pleads guilty to an offense.	1367

(GG)(FF) "Stated prison term" means the prison term,	1368
mandatory prison term, or combination of all prison terms and	1369
mandatory prison terms imposed by the sentencing court pursuant to	1370
section 2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated	1371
prison term" includes any credit received by the offender for	1372
time spent in jail awaiting trial, sentencing, or transfer to	1373
prison for the offense and any time spent under house arrest or	1374
house arrest with electronic monitoring imposed after earning	1375
credits pursuant to section 2967.193 of the Revised Code.	1376

(HH)(GG) "Victim-offender mediation" means a reconciliation	1377
or mediation program that involves an offender and the victim of	1378
the offense committed by the offender and that includes a meeting	1379
in which the offender and the victim may discuss the offense,	1380
discuss restitution, and consider other sanctions for the offense.	1381

(II)(HH) "Fourth degree felony OVI offense" means a violation	1382
of division (A) of section 4511.19 of the Revised Code that,	1383
under division (G) of that section, is a felony of the fourth	1384
degree.	1385

(JJ)(II) "Mandatory term of local incarceration" means the	1386
term of sixty or one hundred twenty days in a jail, a	1387
community-based correctional facility, a halfway house, or an	1388
alternative residential facility that a sentencing court may	1389
impose upon a person who is convicted of or pleads guilty to a	1390
fourth degree felony OVI offense pursuant to division (G)(1) of	1391
section 2929.13 of the Revised Code and division (G)(1)(d) or (e)	1392
of section 4511.19 of the Revised Code.	1393

(KK)(JJ) "Designated homicide, assault, or kidnapping	1394
offense," "violent sex offense," "sexual motivation	1395
specification," "sexually violent offense," "sexually violent	1396
predator," and "sexually violent predator specification" have the	1397
same meanings as in section 2971.01 of the Revised Code.	1398

(LL)(KK) "Sexually oriented offense," "child-victim oriented	1399
offense," and "tier III sex offender/child-victim offender," have	1400
the same meanings as in section 2950.01 of the Revised Code.	1401

(MM)(LL) An offense is "committed in the vicinity of a child"	1402
if the offender commits the offense within thirty feet of or	1403
within the same residential unit as a child who is under eighteen	1404
years of age, regardless of whether the offender knows the age of	1405
the child or whether the offender knows the offense is being	1406
committed within thirty feet of or within the same residential	1407
unit as the child and regardless of whether the child actually	1408
views the commission of the offense.	1409

(NN)(MM) "Family or household member" has the same meaning as	1410
in section 2919.25 of the Revised Code.	1411

(OO)(NN) "Motor vehicle" and "manufactured home" have the	1412
same meanings as in section 4501.01 of the Revised Code.	1413

(PP)(OO) "Detention" and "detention facility" have the same	1414
meanings as in section 2921.01 of the Revised Code.	1415

(QQ)(PP) "Third degree felony OVI offense" means a violation	1416
of division (A) of section 4511.19 of the Revised Code that, under	1417
division (G) of that section, is a felony of the third degree.	1418

(RR)(QQ) "Random drug testing" has the same meaning as in	1419
section 5120.63 of the Revised Code.	1420

(SS)(RR) "Felony sex offense" has the same meaning as in	1421
section 2967.28 of the Revised Code.	1422

(TT)(SS) "Body armor" has the same meaning as in section	1423
2941.1411 of the Revised Code.	1424

(UU)(TT) "Electronic monitoring" means monitoring through the	1425
use of an electronic monitoring device.	1426

(VV)(UU) "Electronic monitoring device" means any of the	1427
following:	1428

(1) Any device that can be operated by electrical or battery	1429
power and that conforms with all of the following:	1430

(a) The device has a transmitter that can be attached to a	1431
person, that will transmit a specified signal to a receiver of the	1432
type described in division (VV)(UU)(1)(b) of this section if the	1433
transmitter is removed from the person, turned off, or altered in	1434
any manner without prior court approval in relation to electronic	1435
monitoring or without prior approval of the department of	1436
rehabilitation and correction in relation to the use of an	1437
electronic monitoring device for an inmate on transitional control	1438
or otherwise is tampered with, that can transmit continuously and	1439
periodically a signal to that receiver when the person is within a	1440
specified distance from the receiver, and that can transmit an	1441
appropriate signal to that receiver if the person to whom it is	1442
attached travels a specified distance from that receiver.	1443

(b) The device has a receiver that can receive continuously	1444
the signals transmitted by a transmitter of the type described in	1445
division (VV)(UU)(1)(a) of this section, can transmit continuously	1446
those signals by telephone to a central monitoring computer of the	1447
type described in division (VV)(UU)(1)(c) of this section, and can	1448
transmit continuously an appropriate signal to that central	1449
monitoring computer if the receiver is turned off or altered	1450
without prior court approval or otherwise tampered with.	1451

(c) The device has a central monitoring computer that can	1452
receive continuously the signals transmitted by telephone by a	1453
receiver of the type described in division (VV)(UU)(1)(b) of this	1454
section and can monitor continuously the person to whom an	1455
electronic monitoring device of the type described in division	1456
(VV)(UU)(1)(a) of this section is attached.	1457

(2) Any device that is not a device of the type described in	1458
division (VV)(UU)(1) of this section and that conforms with all of	1459
the following:	1460

(a) The device includes a transmitter and receiver that can	1461
monitor and determine the location of a subject person at any	1462
time, or at a designated point in time, through the use of a	1463
central monitoring computer or through other electronic means.	1464

(b) The device includes a transmitter and receiver that can	1465
determine at any time, or at a designated point in time, through	1466
the use of a central monitoring computer or other electronic means	1467
the fact that the transmitter is turned off or altered in any	1468
manner without prior approval of the court in relation to the	1469
electronic monitoring or without prior approval of the department	1470
of rehabilitation and correction in relation to the use of an	1471
electronic monitoring device for an inmate on transitional control	1472
or otherwise is tampered with.	1473

(3) Any type of technology that can adequately track or	1474
determine the location of a subject person at any time and that is	1475
approved by the director of rehabilitation and correction,	1476
including, but not limited to, any satellite technology, voice	1477
tracking system, or retinal scanning system that is so approved.	1478

(WW)(VV) "Non-economic loss" means nonpecuniary harm suffered	1479
by a victim of an offense as a result of or related to the	1480
commission of the offense, including, but not limited to, pain	1481
and suffering; loss of society, consortium, companionship, care,	1482
assistance, attention, protection, advice, guidance, counsel,	1483
instruction, training, or education; mental anguish; and any	1484
other intangible loss.	1485

(XX)(WW) "Prosecutor" has the same meaning as in section	1486
2935.01 of the Revised Code.	1487

(YY)(XX) "Continuous alcohol monitoring" means the ability to	1488
automatically test and periodically transmit alcohol consumption	1489
levels and tamper attempts at least every hour, regardless of the	1490
location of the person who is being monitored.	1491

(ZZ)(YY) A person is "adjudicated a sexually violent	1492
predator" if the person is convicted of or pleads guilty to a	1493
violent sex offense and also is convicted of or pleads guilty to	1494
a sexually violent predator specification that was included in	1495
the indictment, count in the indictment, or information charging	1496
that violent sex offense or if the person is convicted of or	1497
pleads guilty to a designated homicide, assault, or kidnapping	1498
offense and also is convicted of or pleads guilty to both a	1499
sexual motivation specification and a sexually violent predator	1500
specification that were included in the indictment, count in the	1501
indictment, or information charging that designated homicide,	1502
assault, or kidnapping offense.	1503

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1504
or (G) of this section and unless a specific sanction is required	1505
to be imposed or is precluded from being imposed pursuant to law,	1506
a court that imposes a sentence upon an offender for a felony may	1507
impose any sanction or combination of sanctions on the offender	1508
that are provided in sections 2929.14 to 2929.18 of the Revised	1509
Code. The sentence shall not impose an unnecessary burden on state	1510
or local government resources.	1511

If the offender is eligible to be sentenced to community	1512
control sanctions, the court shall consider the appropriateness of	1513
imposing a financial sanction pursuant to section 2929.18 of the	1514
Revised Code or a sanction of community service pursuant to	1515
section 2929.17 of the Revised Code as the sole sanction for the	1516
offense. Except as otherwise provided in this division, if the	1517
court is required to impose a mandatory prison term for the	1518
offense for which sentence is being imposed, the court also may	1519
impose a financial sanction pursuant to section 2929.18 of the	1520
Revised Code but may not impose any additional sanction or	1521
combination of sanctions under section 2929.16 or 2929.17 of the	1522
Revised Code.	1523

If the offender is being sentenced for a fourth degree felony	1524
OVI offense or for a third degree felony OVI offense, in addition	1525
to the mandatory term of local incarceration or the mandatory	1526
prison term required for the offense by division (G)(1) or (2) of	1527
this section, the court shall impose upon the offender a mandatory	1528
fine in accordance with division (B)(3) of section 2929.18 of the	1529
Revised Code and may impose whichever of the following is	1530
applicable:	1531

(1) For a fourth degree felony OVI offense for which sentence	1532
is imposed under division (G)(1) of this section, an additional	1533
community control sanction or combination of community control	1534
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1535
the court imposes upon the offender a community control sanction	1536
and the offender violates any condition of the community control	1537
sanction, the court may take any action prescribed in division (B)	1538
of section 2929.15 of the Revised Code relative to the offender,	1539
including imposing a prison term on the offender pursuant to that	1540
division.	1541

(2) For a third or fourth degree felony OVI offense for which	1542
sentence is imposed under division (G)(2) of this section, an	1543
additional prison term as described in division (D)(4) of section	1544
2929.14 of the Revised Code or a community control sanction as	1545
described in division (G)(2) of this section.	1546

(B)(1) Except as provided in division (B)(2), (E), (F), or	1547
(G) of this section, in sentencing an offender for a felony of the	1548
fourth or fifth degree, the sentencing court shall determine	1549
whether any of the following apply:	1550

(a) In committing the offense, the offender caused physical	1551
harm to a person.	1552

(b) In committing the offense, the offender attempted to	1553
cause or made an actual threat of physical harm to a person with a	1554
deadly weapon.	1555

(c) In committing the offense, the offender attempted to	1556
cause or made an actual threat of physical harm to a person, and	1557
the offender previously was convicted of an offense that caused	1558
physical harm to a person.	1559

(d) The offender held a public office or position of trust	1560
and the offense related to that office or position; the offender's	1561
position obliged the offender to prevent the offense or to bring	1562
those committing it to justice; or the offender's professional	1563
reputation or position facilitated the offense or was likely to	1564
influence the future conduct of others.	1565

(e) The offender committed the offense for hire or as part of	1566
an organized criminal activity.	1567

(f) The offense is a sex offense that is a fourth or fifth	1568
degree felony violation of section 2907.03, 2907.04, 2907.05,	1569
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1570
Revised Code.	1571

(g) The offender at the time of the offense was serving, or	1572
the offender previously had served, a prison term.	1573

(h) The offender committed the offense while under a	1574
community control sanction, while on probation, or while released	1575
from custody on a bond or personal recognizance.	1576

(i) The offender committed the offense while in possession of	1577
a firearm.	1578

(2)(a) If the court makes a finding described in division	1579
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1580
section and if the court, after considering the factors set forth	1581
in section 2929.12 of the Revised Code, finds that a prison term	1582
is consistent with the purposes and principles of sentencing set	1583
forth in section 2929.11 of the Revised Code and finds that the	1584
offender is not amenable to an available community control	1585
sanction, the court shall impose a prison term upon the offender.	1586

(b) Except as provided in division (E), (F), or (G) of this	1587
section, if the court does not make a finding described in	1588
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1589
this section and if the court, after considering the factors set	1590
forth in section 2929.12 of the Revised Code, finds that a	1591
community control sanction or combination of community control	1592
sanctions is consistent with the purposes and principles of	1593
sentencing set forth in section 2929.11 of the Revised Code, the	1594
court shall impose a community control sanction or combination of	1595
community control sanctions upon the offender.	1596

(C) Except as provided in division (D), (E), (F), or (G) of	1597
this section, in determining whether to impose a prison term as a	1598
sanction for a felony of the third degree or a felony drug offense	1599
that is a violation of a provision of Chapter 2925. of the Revised	1600
Code and that is specified as being subject to this division for	1601
purposes of sentencing, the sentencing court shall comply with the	1602
purposes and principles of sentencing under section 2929.11 of the	1603
Revised Code and with section 2929.12 of the Revised Code.	1604

(D)(1) Except as provided in division (E) or (F) of this	1605
section, for a felony of the first or second degree, for a felony	1606
drug offense that is a violation of any provision of Chapter	1607
2925., 3719., or 4729. of the Revised Code for which a presumption	1608
in favor of a prison term is specified as being applicable, and	1609
for a violation of division (A)(4) or (B) of section 2907.05 of	1610
the Revised Code for which a presumption in favor of a prison term	1611
is specified as being applicable, it is presumed that a prison	1612
term is necessary in order to comply with the purposes and	1613
principles of sentencing under section 2929.11 of the Revised	1614
Code. Division (D)(2) of this section does not apply to a	1615
presumption established under this division for a violation of	1616
division (A)(4) of section 2907.05 of the Revised Code.	1617

(2) Notwithstanding the presumption established under	1618
division (D)(1) of this section for the offenses listed in that	1619
division other than a violation of division (A)(4) or (B) of	1620
section 2907.05 of the Revised Code, the sentencing court may	1621
impose a community control sanction or a combination of community	1622
control sanctions instead of a prison term on an offender for a	1623
felony of the first or second degree or for a felony drug offense	1624
that is a violation of any provision of Chapter 2925., 3719., or	1625
4729. of the Revised Code for which a presumption in favor of a	1626
prison term is specified as being applicable if it makes both of	1627
the following findings:	1628

(a) A community control sanction or a combination of	1629
community control sanctions would adequately punish the offender	1630
and protect the public from future crime, because the applicable	1631
factors under section 2929.12 of the Revised Code indicating a	1632
lesser likelihood of recidivism outweigh the applicable factors	1633
under that section indicating a greater likelihood of recidivism.	1634

(b) A community control sanction or a combination of	1635
community control sanctions would not demean the seriousness of	1636
the offense, because one or more factors under section 2929.12 of	1637
the Revised Code that indicate that the offender's conduct was	1638
less serious than conduct normally constituting the offense are	1639
applicable, and they outweigh the applicable factors under that	1640
section that indicate that the offender's conduct was more serious	1641
than conduct normally constituting the offense.	1642

(E)(1) Except as provided in division (F) of this section,	1643
for any drug offense that is a violation of any provision of	1644
Chapter 2925. of the Revised Code and that is a felony of the	1645
third, fourth, or fifth degree, the applicability of a presumption	1646
under division (D) of this section in favor of a prison term or of	1647
division (B) or (C) of this section in determining whether to	1648
impose a prison term for the offense shall be determined as	1649
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1650
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1651
Revised Code, whichever is applicable regarding the violation.	1652

(2) If an offender who was convicted of or pleaded guilty to	1653
a felony violates the conditions of a community control sanction	1654
imposed for the offense solely by reason of producing positive	1655
results on a drug test, the court, as punishment for the violation	1656
of the sanction, shall not order that the offender be imprisoned	1657
unless the court determines on the record either of the following:	1658

(a) The offender had been ordered as a sanction for the	1659
felony to participate in a drug treatment program, in a drug	1660
education program, or in narcotics anonymous or a similar program,	1661
and the offender continued to use illegal drugs after a reasonable	1662
period of participation in the program.	1663

(b) The imprisonment of the offender for the violation is	1664
consistent with the purposes and principles of sentencing set	1665
forth in section 2929.11 of the Revised Code.	1666

(3) A court that sentences an offender for a drug abuse	1667
offense that is a felony of the third, fourth, or fifth degree	1668
may require that the offender be assessed by a properly	1669
credentialed professional within a specified period of time. The	1670
court shall require the professional to file a written assessment	1671
of the offender with the court. If the offender is eligible for a	1672
community control sanction and after considering the written	1673
assessment, the court may impose a community control sanction	1674
that includes treatment and recovery support services authorized	1675
by section 3793.02 of the Revised Code. If the court imposes	1676
treatment and recovery support services as a community control	1677
sanction, the court shall direct the level and type of treatment	1678
and recovery support services after considering the assessment and	1679
recommendation of treatment and recovery support services	1680
providers.	1681

(F) Notwithstanding divisions (A) to (E) of this section, the	1682
court shall impose a prison term or terms under sections 2929.02	1683
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	1684
of the Revised Code and except as specifically provided in section	1685
2929.20 or 2967.191 of the Revised Code or when parole is	1686
authorized for the offense under section 2967.13 of the Revised	1687
Code shall not reduce the term or terms pursuant to section	1688
2929.20, section 2967.193, or any other provision of Chapter 2967.	1689
or Chapter 5120. of the Revised Code for any of the following	1690
offenses:	1691

(1) Aggravated murder when death is not imposed or murder;

1692

(2) Any rape, regardless of whether force was involved and	1693
regardless of the age of the victim, or an attempt to commit rape	1694
if, had the offender completed the rape that was attempted, the	1695
offender would have been guilty of a violation of division	1696
(A)(1)(b) of section 2907.02 of the Revised Code and would be	1697
sentenced under section 2971.03 of the Revised Code;	1698

(3) Gross sexual imposition or sexual battery, if the victim	1699
is less than thirteen years of age and if any of the following	1700
applies:	1701

(a) Regarding gross sexual imposition, the offender	1702
previously was convicted of or pleaded guilty to rape, the former	1703
offense of felonious sexual penetration, gross sexual imposition,	1704
or sexual battery, and the victim of the previous offense was	1705
less than thirteen years of age;	1706

(b) Regarding gross sexual imposition, the offense was	1707
committed on or after August 3, 2006, and evidence other than the	1708
testimony of the victim was admitted in the case corroborating the	1709
violation.	1710

(c) Regarding sexual battery, either of the following	1711
applies:	1712

(i) The offense was committed prior to August 3, 2006, the	1713
offender previously was convicted of or pleaded guilty to rape,	1714
the former offense of felonious sexual penetration, or sexual	1715
battery, and the victim of the previous offense was less than	1716
thirteen years of age.	1717

(ii) The offense was committed on or after August 3, 2006.

1718

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1719
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	1720
requires the imposition of a prison term;	1721

(5) A first, second, or third degree felony drug offense for	1722
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1723
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1724
4729.99 of the Revised Code, whichever is applicable regarding the	1725
violation, requires the imposition of a mandatory prison term;	1726

(6) Any offense that is a first or second degree felony and	1727
that is not set forth in division (F)(1), (2), (3), or (4) of this	1728
section, if the offender previously was convicted of or pleaded	1729
guilty to aggravated murder, murder, any first or second degree	1730
felony, or an offense under an existing or former law of this	1731
state, another state, or the United States that is or was	1732
substantially equivalent to one of those offenses;	1733

(7) Any offense that is a third degree felony and either is	1734
a violation of section 2903.04 of the Revised Code or an attempt	1735
to commit a felony of the second degree that is an offense of	1736
violence and involved an attempt to cause serious physical harm to	1737
a person or that resulted in serious physical harm to a person if	1738
the offender previously was convicted of or pleaded guilty to any	1739
of the following offenses:	1740

(a) Aggravated murder, murder, involuntary manslaughter,	1741
rape, felonious sexual penetration as it existed under section	1742
2907.12 of the Revised Code prior to September 3, 1996, a felony	1743
of the first or second degree that resulted in the death of a	1744
person or in physical harm to a person, or complicity in or an	1745
attempt to commit any of those offenses;	1746

(b) An offense under an existing or former law of this state,	1747
another state, or the United States that is or was substantially	1748
equivalent to an offense listed in division (F)(7)(a) of this	1749
section that resulted in the death of a person or in physical harm	1750
to a person.	1751

(8) Any offense, other than a violation of section 2923.12 of	1752
the Revised Code, that is a felony, if the offender had a firearm	1753
on or about the offender's person or under the offender's control	1754
while committing the felony, with respect to a portion of the	1755
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	1756
of the Revised Code for having the firearm;	1757

(9) Any offense of violence that is a felony, if the offender	1758
wore or carried body armor while committing the felony offense of	1759
violence, with respect to the portion of the sentence imposed	1760
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	1761
Code for wearing or carrying the body armor;	1762

(10) Corrupt activity in violation of section 2923.32 of the	1763
Revised Code when the most serious offense in the pattern of	1764
corrupt activity that is the basis of the offense is a felony of	1765
the first degree;	1766

(11) Any violent sex offense or designated homicide, assault,	1767
or kidnapping offense if, in relation to that offense, the	1768
offender is adjudicated a sexually violent predator;	1769

(12) A violation of division (A)(1) or (2) of section 2921.36	1770
of the Revised Code, or a violation of division (C) of that	1771
section involving an item listed in division (A)(1) or (2) of that	1772
section, if the offender is an officer or employee of the	1773
department of rehabilitation and correction;	1774

(13) A violation of division (A)(1) or (2) of section 2903.06	1775
of the Revised Code if the victim of the offense is a peace	1776
officer, as defined in section 2935.01 of the Revised Code, or an	1777
investigator of the bureau of criminal identification and	1778
investigation, as defined in section 2903.11 of the Revised Code,	1779
with respect to the portion of the sentence imposed pursuant to	1780
division (D)(5) of section 2929.14 of the Revised Code;	1781

(14) A violation of division (A)(1) or (2) of section 2903.06	1782
of the Revised Code if the offender has been convicted of or	1783
pleaded guilty to three or more violations of division (A) or (B)	1784
of section 4511.19 of the Revised Code or an equivalent offense,	1785
as defined in section 2941.1415 of the Revised Code, or three or	1786
more violations of any combination of those divisions and	1787
offenses, with respect to the portion of the sentence imposed	1788
pursuant to division (D)(6) of section 2929.14 of the Revised	1789
Code;	1790

(15) Kidnapping, in the circumstances specified in section	1791
2971.03 of the Revised Code and when no other provision of	1792
division (F) of this section applies.	1793

(G) Notwithstanding divisions (A) to (E) of this section, if	1794
an offender is being sentenced for a fourth degree felony OVI	1795
offense or for a third degree felony OVI offense, the court shall	1796
impose upon the offender a mandatory term of local incarceration	1797
or a mandatory prison term in accordance with the following:	1798

(1) If the offender is being sentenced for a fourth degree	1799
felony OVI offense and if the offender has not been convicted of	1800
and has not pleaded guilty to a specification of the type	1801
described in section 2941.1413 of the Revised Code, the court may	1802
impose upon the offender a mandatory term of local incarceration	1803
of sixty days or one hundred twenty days as specified in division	1804
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	1805
not reduce the term pursuant to section 2929.20, 2967.193, or any	1806
other provision of the Revised Code. The court that imposes a	1807
mandatory term of local incarceration under this division shall	1808
specify whether the term is to be served in a jail, a	1809
community-based correctional facility, a halfway house, or an	1810
alternative residential facility, and the offender shall serve the	1811
term in the type of facility specified by the court. A mandatory	1812
term of local incarceration imposed under division (G)(1) of this	1813
section is not subject to extension under section 2967.11 of the	1814
Revised Code, to a period of post-release control under section	1815
2967.28 of the Revised Code, or to any other Revised Code	1816
provision that pertains to a prison term except as provided in	1817
division (A)(1) of this section.	1818

(2) If the offender is being sentenced for a third degree	1819
felony OVI offense, or if the offender is being sentenced for a	1820
fourth degree felony OVI offense and the court does not impose a	1821
mandatory term of local incarceration under division (G)(1) of	1822
this section, the court shall impose upon the offender a mandatory	1823
prison term of one, two, three, four, or five years if the	1824
offender also is convicted of or also pleads guilty to a	1825
specification of the type described in section 2941.1413 of the	1826
Revised Code or shall impose upon the offender a mandatory prison	1827
term of sixty days or one hundred twenty days as specified in	1828
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1829
if the offender has not been convicted of and has not pleaded	1830
guilty to a specification of that type. The court shall not reduce	1831
the term pursuant to section 2929.20, 2967.193, or any other	1832
provision of the Revised Code. The offender shall serve the one-,	1833
two-, three-, four-, or five-year mandatory prison term	1834
consecutively to and prior to the prison term imposed for the	1835
underlying offense and consecutively to any other mandatory prison	1836
term imposed in relation to the offense. In no case shall an	1837
offender who once has been sentenced to a mandatory term of local	1838
incarceration pursuant to division (G)(1) of this section for a	1839
fourth degree felony OVI offense be sentenced to another mandatory	1840
term of local incarceration under that division for any violation	1841
of division (A) of section 4511.19 of the Revised Code. In	1842
addition to the mandatory prison term described in division (G)(2)	1843
of this section, the court may sentence the offender to a	1844
community control sanction under section 2929.16 or 2929.17 of the	1845
Revised Code, but the offender shall serve the prison term prior	1846
to serving the community control sanction. The department of	1847
rehabilitation and correction may place an offender sentenced to a	1848
mandatory prison term under this division in an intensive program	1849
prison established pursuant to section 5120.033 of the Revised	1850
Code if the department gave the sentencing judge prior notice of	1851
its intent to place the offender in an intensive program prison	1852
established under that section and if the judge did not notify the	1853
department that the judge disapproved the placement. Upon the	1854
establishment of the initial intensive program prison pursuant to	1855
section 5120.033 of the Revised Code that is privately operated	1856
and managed by a contractor pursuant to a contract entered into	1857
under section 9.06 of the Revised Code, both of the following	1858
apply:	1859

(a) The department of rehabilitation and correction shall	1860
make a reasonable effort to ensure that a sufficient number of	1861
offenders sentenced to a mandatory prison term under this division	1862
are placed in the privately operated and managed prison so that	1863
the privately operated and managed prison has full occupancy.	1864

(b) Unless the privately operated and managed prison has full	1865
occupancy, the department of rehabilitation and correction shall	1866
not place any offender sentenced to a mandatory prison term under	1867
this division in any intensive program prison established pursuant	1868
to section 5120.033 of the Revised Code other than the privately	1869
operated and managed prison.	1870

(H) If an offender is being sentenced for a sexually oriented	1871
offense or child-victim oriented offense that is a felony	1872
committed on or after January 1, 1997, the judge shall require the	1873
offender to submit to a DNA specimen collection procedure pursuant	1874
to section 2901.07 of the Revised Code.	1875

(I) If an offender is being sentenced for a sexually oriented	1876
offense or a child-victim oriented offense committed on or after	1877
January 1, 1997, the judge shall include in the sentence a	1878
summary of the offender's duties imposed under sections 2950.04,	1879
2950.041, 2950.05, and 2950.06 of the Revised Code and the	1880
duration of the duties. The judge shall inform the offender, at	1881
the time of sentencing, of those duties and of their duration. If	1882
required under division (A)(2) of section 2950.03 of the Revised	1883
Code, the judge shall perform the duties specified in that	1884
section, or, if required under division (A)(6) of section 2950.03	1885
of the Revised Code, the judge shall perform the duties specified	1886
in that division.	1887

(J)(1) Except as provided in division (J)(2) of this section,	1888
when considering sentencing factors under this section in relation	1889
to an offender who is convicted of or pleads guilty to an attempt	1890
to commit an offense in violation of section 2923.02 of the	1891
Revised Code, the sentencing court shall consider the factors	1892
applicable to the felony category of the violation of section	1893
2923.02 of the Revised Code instead of the factors applicable to	1894
the felony category of the offense attempted.	1895

(2) When considering sentencing factors under this section in	1896
relation to an offender who is convicted of or pleads guilty to an	1897
attempt to commit a drug abuse offense for which the penalty is	1898
determined by the amount or number of unit doses of the controlled	1899
substance involved in the drug abuse offense, the sentencing court	1900
shall consider the factors applicable to the felony category that	1901
the drug abuse offense attempted would be if that drug abuse	1902
offense had been committed and had involved an amount or number of	1903
unit doses of the controlled substance that is within the next	1904
lower range of controlled substance amounts than was involved in	1905
the attempt.	1906

(K) As used in this section, "drug abuse offense" has the	1907
same meaning as in section 2925.01 of the Revised Code.	1908

(L) At the time of sentencing an offender for any sexually	1909
oriented offense, if the offender is a tier III sex	1910
offender/child-victim offender relative to that offense and the	1911
offender does not serve a prison term or jail term, the court may	1912
require that the offender be monitored by means of a global	1913
positioning device. If the court requires such monitoring, the	1914
cost of monitoring shall be borne by the offender. If the	1915
offender is indigent, the cost of compliance shall be paid by the	1916
crime victims reparations fund.	1917

Sec. 2929.14.  (A) Except as provided in division (C),	1918
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of	1919
this section and except in relation to an offense for which a	1920
sentence of death or life imprisonment is to be imposed, if the	1921
court imposing a sentence upon an offender for a felony elects or	1922
is required to impose a prison term on the offender pursuant to	1923
this chapter, the court shall impose a definite prison term that	1924
shall be one of the following:	1925

(1) For a felony of the first degree, the prison term shall	1926
be three, four, five, six, seven, eight, nine, or ten years.	1927

(2) For a felony of the second degree, the prison term shall	1928
be two, three, four, five, six, seven, or eight years.	1929

(3) For a felony of the third degree, the prison term shall	1930
be one, two, three, four, or five years.	1931

(4) For a felony of the fourth degree, the prison term shall	1932
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1933
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1934

(5) For a felony of the fifth degree, the prison term shall	1935
be six, seven, eight, nine, ten, eleven, or twelve months.	1936

(B) Except as provided in division (C), (D)(1), (D)(2),	1937
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section	1938
2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the	1939
Revised Code, if the court imposing a sentence upon an offender	1940
for a felony elects or is required to impose a prison term on the	1941
offender, the court shall impose the shortest prison term	1942
authorized for the offense pursuant to division (A) of this	1943
section, unless one or more of the following applies:	1944

(1) The offender was serving a prison term at the time of the	1945
offense, or the offender previously had served a prison term.	1946

(2) The court finds on the record that the shortest prison	1947
term will demean the seriousness of the offender's conduct or will	1948
not adequately protect the public from future crime by the	1949
offender or others.	1950

(C) Except as provided in division (G) or (L) of this section	1951
or in Chapter 2925. of the Revised Code, the court imposing a	1952
sentence upon an offender for a felony may impose the longest	1953
prison term authorized for the offense pursuant to division (A) of	1954
this section only upon offenders who committed the worst forms of	1955
the offense, upon offenders who pose the greatest likelihood of	1956
committing future crimes, upon certain major drug offenders under	1957
division (D)(3) of this section, and upon certain repeat violent	1958
offenders in accordance with division (D)(2) of this section.	1959

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1960
section, if an offender who is convicted of or pleads guilty to a	1961
felony also is convicted of or pleads guilty to a specification of	1962
the type described in section 2941.141, 2941.144, or 2941.145 of	1963
the Revised Code, the court shall impose on the offender one of	1964
the following prison terms:	1965

(i) A prison term of six years if the specification is of the	1966
type described in section 2941.144 of the Revised Code that	1967
charges the offender with having a firearm that is an automatic	1968
firearm or that was equipped with a firearm muffler or silencer on	1969
or about the offender's person or under the offender's control	1970
while committing the felony;	1971

(ii) A prison term of three years if the specification is of	1972
the type described in section 2941.145 of the Revised Code that	1973
charges the offender with having a firearm on or about the	1974
offender's person or under the offender's control while committing	1975
the offense and displaying the firearm, brandishing the firearm,	1976
indicating that the offender possessed the firearm, or using it to	1977
facilitate the offense;	1978

(iii) A prison term of one year if the specification is of	1979
the type described in section 2941.141 of the Revised Code that	1980
charges the offender with having a firearm on or about the	1981
offender's person or under the offender's control while committing	1982
the felony.	1983

(b) If a court imposes a prison term on an offender under	1984
division (D)(1)(a) of this section, the prison term shall not be	1985
reduced pursuant to section 2929.20, section 2967.193, or any	1986
other provision of Chapter 2967. or Chapter 5120. of the Revised	1987
Code. A court shall not impose more than one prison term on an	1988
offender under division (D)(1)(a) of this section for felonies	1989
committed as part of the same act or transaction.	1990

(c) Except as provided in division (D)(1)(e) of this section,	1991
if an offender who is convicted of or pleads guilty to a violation	1992
of section 2923.161 of the Revised Code or to a felony that	1993
includes, as an essential element, purposely or knowingly causing	1994
or attempting to cause the death of or physical harm to another,	1995
also is convicted of or pleads guilty to a specification of the	1996
type described in section 2941.146 of the Revised Code that	1997
charges the offender with committing the offense by discharging a	1998
firearm from a motor vehicle other than a manufactured home, the	1999
court, after imposing a prison term on the offender for the	2000
violation of section 2923.161 of the Revised Code or for the other	2001
felony offense under division (A), (D)(2), or (D)(3) of this	2002
section, shall impose an additional prison term of five years upon	2003
the offender that shall not be reduced pursuant to section	2004
2929.20, section 2967.193, or any other provision of Chapter 2967.	2005
or Chapter 5120. of the Revised Code. A court shall not impose	2006
more than one additional prison term on an offender under division	2007
(D)(1)(c) of this section for felonies committed as part of the	2008
same act or transaction. If a court imposes an additional prison	2009
term on an offender under division (D)(1)(c) of this section	2010
relative to an offense, the court also shall impose a prison term	2011
under division (D)(1)(a) of this section relative to the same	2012
offense, provided the criteria specified in that division for	2013
imposing an additional prison term are satisfied relative to the	2014
offender and the offense.	2015

(d) If an offender who is convicted of or pleads guilty to	2016
an offense of violence that is a felony also is convicted of or	2017
pleads guilty to a specification of the type described in section	2018
2941.1411 of the Revised Code that charges the offender with	2019
wearing or carrying body armor while committing the felony offense	2020
of violence, the court shall impose on the offender a prison term	2021
of two years. The prison term so imposed shall not be reduced	2022
pursuant to section 2929.20, section 2967.193, or any other	2023
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2024
court shall not impose more than one prison term on an offender	2025
under division (D)(1)(d) of this section for felonies committed as	2026
part of the same act or transaction. If a court imposes an	2027
additional prison term under division (D)(1)(a) or (c) of this	2028
section, the court is not precluded from imposing an additional	2029
prison term under division (D)(1)(d) of this section.	2030

(e) The court shall not impose any of the prison terms	2031
described in division (D)(1)(a) of this section or any of the	2032
additional prison terms described in division (D)(1)(c) of this	2033
section upon an offender for a violation of section 2923.12 or	2034
2923.123 of the Revised Code. The court shall not impose any of	2035
the prison terms described in division (D)(1)(a) of this section	2036
or any of the additional prison terms described in division	2037
(D)(1)(c) of this section upon an offender for a violation of	2038
section 2923.13 of the Revised Code unless all of the following	2039
apply:	2040

(i) The offender previously has been convicted of aggravated	2041
murder, murder, or any felony of the first or second degree.	2042

(ii) Less than five years have passed since the offender was	2043
released from prison or post-release control, whichever is later,	2044
for the prior offense.	2045

(f) If an offender is convicted of or pleads guilty to a	2046
felony that includes, as an essential element, causing or	2047
attempting to cause the death of or physical harm to another and	2048
also is convicted of or pleads guilty to a specification of the	2049
type described in section 2941.1412 of the Revised Code that	2050
charges the offender with committing the offense by discharging a	2051
firearm at a peace officer as defined in section 2935.01 of the	2052
Revised Code or a corrections officer, as defined in section	2053
2941.1412 of the Revised Code, the court, after imposing a prison	2054
term on the offender for the felony offense under division (A),	2055
(D)(2), or (D)(3) of this section, shall impose an additional	2056
prison term of seven years upon the offender that shall not be	2057
reduced pursuant to section 2929.20, section 2967.193, or any	2058
other provision of Chapter 2967. or Chapter 5120. of the Revised	2059
Code. A court shall not impose more than one additional prison	2060
term on an offender under division (D)(1)(f) of this section for	2061
felonies committed as part of the same act or transaction. If a	2062
court imposes an additional prison term on an offender under	2063
division (D)(1)(f) of this section relative to an offense, the	2064
court shall not impose a prison term under division (D)(1)(a) or	2065
(c) of this section relative to the same offense.	2066

(2)(a) If division (D)(2)(b) of this section does not apply,	2067
the court may impose on an offender, in addition to the longest	2068
prison term authorized or required for the offense, an additional	2069
definite prison term of one, two, three, four, five, six, seven,	2070
eight, nine, or ten years if all of the following criteria are	2071
met:	2072

(i) The offender is convicted of or pleads guilty to a	2073
specification of the type described in section 2941.149 of the	2074
Revised Code that the offender is a repeat violent offender.	2075

(ii) The offense of which the offender currently is convicted	2076
or to which the offender currently pleads guilty is aggravated	2077
murder and the court does not impose a sentence of death or life	2078
imprisonment without parole, murder, terrorism and the court does	2079
not impose a sentence of life imprisonment without parole, any	2080
felony of the first degree that is an offense of violence and the	2081
court does not impose a sentence of life imprisonment without	2082
parole, or any felony of the second degree that is an offense of	2083
violence and the trier of fact finds that the offense involved an	2084
attempt to cause or a threat to cause serious physical harm to a	2085
person or resulted in serious physical harm to a person.	2086

(iii) The court imposes the longest prison term for the	2087
offense that is not life imprisonment without parole.	2088

(iv) The court finds that the prison terms imposed pursuant	2089
to division (D)(2)(a)(iii) of this section and, if applicable,	2090
division (D)(1) or (3) of this section are inadequate to punish	2091
the offender and protect the public from future crime, because the	2092
applicable factors under section 2929.12 of the Revised Code	2093
indicating a greater likelihood of recidivism outweigh the	2094
applicable factors under that section indicating a lesser	2095
likelihood of recidivism.	2096

(v) The court finds that the prison terms imposed pursuant to	2097
division (D)(2)(a)(iii) of this section and, if applicable,	2098
division (D)(1) or (3) of this section are demeaning to the	2099
seriousness of the offense, because one or more of the factors	2100
under section 2929.12 of the Revised Code indicating that the	2101
offender's conduct is more serious than conduct normally	2102
constituting the offense are present, and they outweigh the	2103
applicable factors under that section indicating that the	2104
offender's conduct is less serious than conduct normally	2105
constituting the offense.	2106

(b) The court shall impose on an offender the longest prison	2107
term authorized or required for the offense and shall impose on	2108
the offender an additional definite prison term of one, two,	2109
three, four, five, six, seven, eight, nine, or ten years if all of	2110
the following criteria are met:	2111

(i) The offender is convicted of or pleads guilty to a	2112
specification of the type described in section 2941.149 of the	2113
Revised Code that the offender is a repeat violent offender.	2114

(ii) The offender within the preceding twenty years has been	2115
convicted of or pleaded guilty to three or more offenses described	2116
in division (DD)(CC)(1) of section 2929.01 of the Revised Code,	2117
including all offenses described in that division of which the	2118
offender is convicted or to which the offender pleads guilty in	2119
the current prosecution and all offenses described in that	2120
division of which the offender previously has been convicted or to	2121
which the offender previously pleaded guilty, whether prosecuted	2122
together or separately.	2123

(iii) The offense or offenses of which the offender currently	2124
is convicted or to which the offender currently pleads guilty is	2125
aggravated murder and the court does not impose a sentence of	2126
death or life imprisonment without parole, murder, terrorism and	2127
the court does not impose a sentence of life imprisonment without	2128
parole, any felony of the first degree that is an offense of	2129
violence and the court does not impose a sentence of life	2130
imprisonment without parole, or any felony of the second degree	2131
that is an offense of violence and the trier of fact finds that	2132
the offense involved an attempt to cause or a threat to cause	2133
serious physical harm to a person or resulted in serious physical	2134
harm to a person.	2135

(c) For purposes of division (D)(2)(b) of this section, two	2136
or more offenses committed at the same time or as part of the same	2137
act or event shall be considered one offense, and that one offense	2138
shall be the offense with the greatest penalty.	2139

(d) A sentence imposed under division (D)(2)(a) or (b) of	2140
this section shall not be reduced pursuant to section 2929.20 or	2141
section 2967.193, or any other provision of Chapter 2967. or	2142
Chapter 5120. of the Revised Code. The offender shall serve an	2143
additional prison term imposed under this section consecutively to	2144
and prior to the prison term imposed for the underlying offense.	2145

(e) When imposing a sentence pursuant to division (D)(2)(a)	2146
or (b) of this section, the court shall state its findings	2147
explaining the imposed sentence.	2148

(3)(a) Except when an offender commits a violation of section	2149
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2150
the violation is life imprisonment or commits a violation of	2151
section 2903.02 of the Revised Code, if the offender commits a	2152
violation of section 2925.03 or 2925.11 of the Revised Code and	2153
that section classifies the offender as a major drug offender and	2154
requires the imposition of a ten-year prison term on the offender,	2155
if the offender commits a felony violation of section 2925.02,	2156
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2157
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2158
division (C) of section 4729.51, or division (J) of section	2159
4729.54 of the Revised Code that includes the sale, offer to sell,	2160
or possession of a schedule I or II controlled substance, with the	2161
exception of marihuana, and the court imposing sentence upon the	2162
offender finds that the offender is guilty of a specification of	2163
the type described in section 2941.1410 of the Revised Code	2164
charging that the offender is a major drug offender, if the court	2165
imposing sentence upon an offender for a felony finds that the	2166
offender is guilty of corrupt activity with the most serious	2167
offense in the pattern of corrupt activity being a felony of the	2168
first degree, or if the offender is guilty of an attempted	2169
violation of section 2907.02 of the Revised Code and, had the	2170
offender completed the violation of section 2907.02 of the Revised	2171
Code that was attempted, the offender would have been subject to a	2172
sentence of life imprisonment or life imprisonment without parole	2173
for the violation of section 2907.02 of the Revised Code, the	2174
court shall impose upon the offender for the felony violation a	2175
ten-year prison term that cannot be reduced pursuant to section	2176
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2177

(b) The court imposing a prison term on an offender under	2178
division (D)(3)(a) of this section may impose an additional prison	2179
term of one, two, three, four, five, six, seven, eight, nine, or	2180
ten years, if the court, with respect to the term imposed under	2181
division (D)(3)(a) of this section and, if applicable, divisions	2182
(D)(1) and (2) of this section, makes both of the findings set	2183
forth in divisions (D)(2)(a)(iv) and (v) of this section.	2184

(4) If the offender is being sentenced for a third or fourth	2185
degree felony OVI offense under division (G)(2) of section 2929.13	2186
of the Revised Code, the sentencing court shall impose upon the	2187
offender a mandatory prison term in accordance with that division.	2188
In addition to the mandatory prison term, if the offender is being	2189
sentenced for a fourth degree felony OVI offense, the court,	2190
notwithstanding division (A)(4) of this section, may sentence the	2191
offender to a definite prison term of not less than six months and	2192
not more than thirty months, and if the offender is being	2193
sentenced for a third degree felony OVI offense, the sentencing	2194
court may sentence the offender to an additional prison term of	2195
any duration specified in division (A)(3) of this section. In	2196
either case, the additional prison term imposed shall be reduced	2197
by the sixty or one hundred twenty days imposed upon the offender	2198
as the mandatory prison term. The total of the additional prison	2199
term imposed under division (D)(4) of this section plus the sixty	2200
or one hundred twenty days imposed as the mandatory prison term	2201
shall equal a definite term in the range of six months to thirty	2202
months for a fourth degree felony OVI offense and shall equal one	2203
of the authorized prison terms specified in division (A)(3) of	2204
this section for a third degree felony OVI offense. If the court	2205
imposes an additional prison term under division (D)(4) of this	2206
section, the offender shall serve the additional prison term after	2207
the offender has served the mandatory prison term required for the	2208
offense. In addition to the mandatory prison term or mandatory and	2209
additional prison term imposed as described in division (D)(4) of	2210
this section, the court also may sentence the offender to a	2211
community control sanction under section 2929.16 or 2929.17 of the	2212
Revised Code, but the offender shall serve all of the prison terms	2213
so imposed prior to serving the community control sanction.	2214

If the offender is being sentenced for a fourth degree felony	2215
OVI offense under division (G)(1) of section 2929.13 of the	2216
Revised Code and the court imposes a mandatory term of local	2217
incarceration, the court may impose a prison term as described in	2218
division (A)(1) of that section.	2219

(5) If an offender is convicted of or pleads guilty to a	2220
violation of division (A)(1) or (2) of section 2903.06 of the	2221
Revised Code and also is convicted of or pleads guilty to a	2222
specification of the type described in section 2941.1414 of the	2223
Revised Code that charges that the victim of the offense is a	2224
peace officer, as defined in section 2935.01 of the Revised Code,	2225
or an investigator of the bureau of criminal identification and	2226
investigation, as defined in section 2903.11 of the Revised Code,	2227
the court shall impose on the offender a prison term of five	2228
years. If a court imposes a prison term on an offender under	2229
division (D)(5) of this section, the prison term shall not be	2230
reduced pursuant to section 2929.20, section 2967.193, or any	2231
other provision of Chapter 2967. or Chapter 5120. of the Revised	2232
Code. A court shall not impose more than one prison term on an	2233
offender under division (D)(5) of this section for felonies	2234
committed as part of the same act.	2235

(6) If an offender is convicted of or pleads guilty to a	2236
violation of division (A)(1) or (2) of section 2903.06 of the	2237
Revised Code and also is convicted of or pleads guilty to a	2238
specification of the type described in section 2941.1415 of the	2239
Revised Code that charges that the offender previously has been	2240
convicted of or pleaded guilty to three or more violations of	2241
division (A) or (B) of section 4511.19 of the Revised Code or an	2242
equivalent offense, as defined in section 2941.1415 of the Revised	2243
Code, or three or more violations of any combination of those	2244
divisions and offenses, the court shall impose on the offender a	2245
prison term of three years. If a court imposes a prison term on an	2246
offender under division (D)(6) of this section, the prison term	2247
shall not be reduced pursuant to section 2929.20, section	2248
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2249
of the Revised Code. A court shall not impose more than one prison	2250
term on an offender under division (D)(6) of this section for	2251
felonies committed as part of the same act.	2252

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2253
mandatory prison term is imposed upon an offender pursuant to	2254
division (D)(1)(a) of this section for having a firearm on or	2255
about the offender's person or under the offender's control while	2256
committing a felony, if a mandatory prison term is imposed upon an	2257
offender pursuant to division (D)(1)(c) of this section for	2258
committing a felony specified in that division by discharging a	2259
firearm from a motor vehicle, or if both types of mandatory prison	2260
terms are imposed, the offender shall serve any mandatory prison	2261
term imposed under either division consecutively to any other	2262
mandatory prison term imposed under either division or under	2263
division (D)(1)(d) of this section, consecutively to and prior to	2264
any prison term imposed for the underlying felony pursuant to	2265
division (A), (D)(2), or (D)(3) of this section or any other	2266
section of the Revised Code, and consecutively to any other prison	2267
term or mandatory prison term previously or subsequently imposed	2268
upon the offender.	2269

(b) If a mandatory prison term is imposed upon an offender	2270
pursuant to division (D)(1)(d) of this section for wearing or	2271
carrying body armor while committing an offense of violence that	2272
is a felony, the offender shall serve the mandatory term so	2273
imposed consecutively to any other mandatory prison term imposed	2274
under that division or under division (D)(1)(a) or (c) of this	2275
section, consecutively to and prior to any prison term imposed for	2276
the underlying felony under division (A), (D)(2), or (D)(3) of	2277
this section or any other section of the Revised Code, and	2278
consecutively to any other prison term or mandatory prison term	2279
previously or subsequently imposed upon the offender.	2280

(c) If a mandatory prison term is imposed upon an offender	2281
pursuant to division (D)(1)(f) of this section, the offender shall	2282
serve the mandatory prison term so imposed consecutively to and	2283
prior to any prison term imposed for the underlying felony under	2284
division (A), (D)(2), or (D)(3) of this section or any other	2285
section of the Revised Code, and consecutively to any other prison	2286
term or mandatory prison term previously or subsequently imposed	2287
upon the offender.	2288

(2) If an offender who is an inmate in a jail, prison, or	2289
other residential detention facility violates section 2917.02,	2290
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2291
who is under detention at a detention facility commits a felony	2292
violation of section 2923.131 of the Revised Code, or if an	2293
offender who is an inmate in a jail, prison, or other residential	2294
detention facility or is under detention at a detention facility	2295
commits another felony while the offender is an escapee in	2296
violation of section 2921.34 of the Revised Code, any prison term	2297
imposed upon the offender for one of those violations shall be	2298
served by the offender consecutively to the prison term or term of	2299
imprisonment the offender was serving when the offender committed	2300
that offense and to any other prison term previously or	2301
subsequently imposed upon the offender.	2302

(3) If a prison term is imposed for a violation of division	2303
(B) of section 2911.01 of the Revised Code, a violation of	2304
division (A) of section 2913.02 of the Revised Code in which the	2305
stolen property is a firearm or dangerous ordnance, or a felony	2306
violation of division (B) of section 2921.331 of the Revised Code,	2307
the offender shall serve that prison term consecutively to any	2308
other prison term or mandatory prison term previously or	2309
subsequently imposed upon the offender.	2310

(4) If multiple prison terms are imposed on an offender for	2311
convictions of multiple offenses, the court may require the	2312
offender to serve the prison terms consecutively if the court	2313
finds that the consecutive service is necessary to protect the	2314
public from future crime or to punish the offender and that	2315
consecutive sentences are not disproportionate to the seriousness	2316
of the offender's conduct and to the danger the offender poses to	2317
the public, and if the court also finds any of the following:	2318

(a) The offender committed one or more of the multiple	2319
offenses while the offender was awaiting trial or sentencing, was	2320
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2321
2929.18 of the Revised Code, or was under post-release control for	2322
a prior offense.	2323

(b) At least two of the multiple offenses were committed as	2324
part of one or more courses of conduct, and the harm caused by two	2325
or more of the multiple offenses so committed was so great or	2326
unusual that no single prison term for any of the offenses	2327
committed as part of any of the courses of conduct adequately	2328
reflects the seriousness of the offender's conduct.	2329

(c) The offender's history of criminal conduct demonstrates	2330
that consecutive sentences are necessary to protect the public	2331
from future crime by the offender.	2332

(5) If a mandatory prison term is imposed upon an offender	2333
pursuant to division (D)(5) or (6) of this section, the offender	2334
shall serve the mandatory prison term consecutively to and prior	2335
to any prison term imposed for the underlying violation of	2336
division (A)(1) or (2) of section 2903.06 of the Revised Code	2337
pursuant to division (A) of this section or section 2929.142 of	2338
the Revised Code. If a mandatory prison term is imposed upon an	2339
offender pursuant to division (D)(5) of this section, and if a	2340
mandatory prison term also is imposed upon the offender pursuant	2341
to division (D)(6) of this section in relation to the same	2342
violation, the offender shall serve the mandatory prison term	2343
imposed pursuant to division (D)(5) of this section consecutively	2344
to and prior to the mandatory prison term imposed pursuant to	2345
division (D)(6) of this section and consecutively to and prior to	2346
any prison term imposed for the underlying violation of division	2347
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2348
division (A) of this section or section 2929.142 of the Revised	2349
Code.	2350

(6) When consecutive prison terms are imposed pursuant to	2351
division (E)(1), (2), (3), (4), or (5) of this section, the term	2352
to be served is the aggregate of all of the terms so imposed.	2353

(F)(1) If a court imposes a prison term for a felony of the	2354
first degree, for a felony of the second degree, for a felony sex	2355
offense, or for a felony of the third degree that is not a felony	2356
sex offense and in the commission of which the offender caused or	2357
threatened to cause physical harm to a person, it shall include in	2358
the sentence a requirement that the offender be subject to a	2359
period of post-release control after the offender's release from	2360
imprisonment, in accordance with that division. If a court imposes	2361
a sentence including a prison term of a type described in this	2362
division on or after July 11, 2006, the failure of a court to	2363
include a post-release control requirement in the sentence	2364
pursuant to this division does not negate, limit, or otherwise	2365
affect the mandatory period of post-release control that is	2366
required for the offender under division (B) of section 2967.28 of	2367
the Revised Code. Section 2929.191 of the Revised Code applies if,	2368
prior to July 11, 2006, a court imposed a sentence including a	2369
prison term of a type described in this division and failed to	2370
include in the sentence pursuant to this division a statement	2371
regarding post-release control.	2372

(2) If a court imposes a prison term for a felony of the	2373
third, fourth, or fifth degree that is not subject to division	2374
(F)(1) of this section, it shall include in the sentence a	2375
requirement that the offender be subject to a period of	2376
post-release control after the offender's release from	2377
imprisonment, in accordance with that division, if the parole	2378
board determines that a period of post-release control is	2379
necessary. Section 2929.191 of the Revised Code applies if, prior	2380
to July 11, 2006, a court imposed a sentence including a prison	2381
term of a type described in this division and failed to include in	2382
the sentence pursuant to this division a statement regarding	2383
post-release control.	2384

(G) The court shall impose sentence upon the offender in	2385
accordance with section 2971.03 of the Revised Code, and Chapter	2386
2971. of the Revised Code applies regarding the prison term or	2387
term of life imprisonment without parole imposed upon the offender	2388
and the service of that term of imprisonment if any of the	2389
following apply:	2390

(1) A person is convicted of or pleads guilty to a violent	2391
sex offense or a designated homicide, assault, or kidnapping	2392
offense, and, in relation to that offense, the offender is	2393
adjudicated a sexually violent predator.	2394

(2) A person is convicted of or pleads guilty to a violation	2395
of division (A)(1)(b) of section 2907.02 of the Revised Code	2396
committed on or after January 2, 2007, and either the court does	2397
not impose a sentence of life without parole when authorized	2398
pursuant to division (B) of section 2907.02 of the Revised Code,	2399
or division (B) of section 2907.02 of the Revised Code provides	2400
that the court shall not sentence the offender pursuant to	2401
section 2971.03 of the Revised Code.	2402

(3) A person is convicted of or pleads guilty to attempted	2403
rape committed on or after January 2, 2007, and a specification	2404
of the type described in section 2941.1418, 2941.1419, or	2405
2941.1420 of the Revised Code.	2406

(4) A person is convicted of or pleads guilty to a violation	2407
of section 2905.01 of the Revised Code committed on or after the	2408
effective date of this amendmentJanuary 1, 2008, and that section	2409
requires the court to sentence the offender pursuant to section	2410
2971.03 of the Revised Code.	2411

(5) A person is convicted of or pleads guilty to aggravated	2412
murder committed on or after the effective date of this amendment	2413
January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022,	2414
division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),	2415
(D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A)	2416
or (B) of section 2929.06 of the Revised Code requires the court	2417
to sentence the offender pursuant to division (B)(3) of section	2418
2971.03 of the Revised Code.	2419

(6) A person is convicted of or pleads guilty to murder	2420
committed on or after the effective date of this amendmentJanuary	2421
1, 2008, and division (B)(2) of section 2929.02 of the Revised	2422
Code requires the court to sentence the offender pursuant to	2423
section 2971.03 of the Revised Code.	2424

(H) If a person who has been convicted of or pleaded guilty	2425
to a felony is sentenced to a prison term or term of imprisonment	2426
under this section, sections 2929.02 to 2929.06 of the Revised	2427
Code, section 2929.142 of the Revised Code, section 2971.03 of the	2428
Revised Code, or any other provision of law, section 5120.163 of	2429
the Revised Code applies regarding the person while the person is	2430
confined in a state correctional institution.	2431

(I) If an offender who is convicted of or pleads guilty to a	2432
felony that is an offense of violence also is convicted of or	2433
pleads guilty to a specification of the type described in section	2434
2941.142 of the Revised Code that charges the offender with having	2435
committed the felony while participating in a criminal gang, the	2436
court shall impose upon the offender an additional prison term of	2437
one, two, or three years.	2438

(J) If an offender who is convicted of or pleads guilty to	2439
aggravated murder, murder, or a felony of the first, second, or	2440
third degree that is an offense of violence also is convicted of	2441
or pleads guilty to a specification of the type described in	2442
section 2941.143 of the Revised Code that charges the offender	2443
with having committed the offense in a school safety zone or	2444
towards a person in a school safety zone, the court shall impose	2445
upon the offender an additional prison term of two years. The	2446
offender shall serve the additional two years consecutively to and	2447
prior to the prison term imposed for the underlying offense.	2448

(K) At the time of sentencing, the court may recommend the	2449
offender for placement in a program of shock incarceration under	2450
section 5120.031 of the Revised Code or for placement in an	2451
intensive program prison under section 5120.032 of the Revised	2452
Code, disapprove placement of the offender in a program of shock	2453
incarceration or an intensive program prison of that nature, or	2454
make no recommendation on placement of the offender. In no case	2455
shall the department of rehabilitation and correction place the	2456
offender in a program or prison of that nature unless the	2457
department determines as specified in section 5120.031 or 5120.032	2458
of the Revised Code, whichever is applicable, that the offender is	2459
eligible for the placement.	2460

If the court disapproves placement of the offender in a	2461
program or prison of that nature, the department of rehabilitation	2462
and correction shall not place the offender in any program of	2463
shock incarceration or intensive program prison.	2464

If the court recommends placement of the offender in a	2465
program of shock incarceration or in an intensive program prison,	2466
and if the offender is subsequently placed in the recommended	2467
program or prison, the department shall notify the court of the	2468
placement and shall include with the notice a brief description of	2469
the placement.	2470

If the court recommends placement of the offender in a	2471
program of shock incarceration or in an intensive program prison	2472
and the department does not subsequently place the offender in the	2473
recommended program or prison, the department shall send a notice	2474
to the court indicating why the offender was not placed in the	2475
recommended program or prison.	2476

If the court does not make a recommendation under this	2477
division with respect to an offender and if the department	2478
determines as specified in section 5120.031 or 5120.032 of the	2479
Revised Code, whichever is applicable, that the offender is	2480
eligible for placement in a program or prison of that nature, the	2481
department shall screen the offender and determine if there is an	2482
available program of shock incarceration or an intensive program	2483
prison for which the offender is suited. If there is an available	2484
program of shock incarceration or an intensive program prison for	2485
which the offender is suited, the department shall notify the	2486
court of the proposed placement of the offender as specified in	2487
section 5120.031 or 5120.032 of the Revised Code and shall include	2488
with the notice a brief description of the placement. The court	2489
shall have ten days from receipt of the notice to disapprove the	2490
placement.	2491

(L) If a person is convicted of or pleads guilty to	2492
aggravated vehicular homicide in violation of division (A)(1) of	2493
section 2903.06 of the Revised Code and division (B)(2)(c) of that	2494
section applies, the person shall be sentenced pursuant to section	2495
2929.142 of the Revised Code.	2496

Sec. 2929.141. (A) As used in this section, "person on	2497
release" means a "releasee" or "parolee," both as defined in	2498
section 2967.01 of the Revised Code.	2499

(B) A person on release who by committing a felony violates	2500
any condition of parole, any post-release control sanction, or	2501
any conditions described in division (A) of section 2967.131 of	2502
the Revised Code that are imposed upon the person may be	2503
prosecuted for the new felony. Upon the person's conviction of or	2504
plea of guilty to the newa felony by a person on post-release	2505
control at the time of the commission of the felony, the court	2506
shall impose sentence for the new felony, the court may terminate	2507
the term of post-release control if the person is a releasee, and	2508
the court may do either or both of the following for a person who	2509
is either a releasee or parolee regardless of whether the	2510
sentencing court or another court of this state imposed the	2511
original prison term for which the person is on parole or is	2512
serving a term of post-release control:	2513

(1) In addition to any prison term for the new felony, impose	2514
a prison term for the post-release control violation. If the	2515
person is a releasee, theThe maximum prison term for the	2516
violation shall be the greater of twelve months or the period of	2517
post-release control for the earlier felony minus any time the	2518
releaseeperson has spent under post-release control for the	2519
earlier felony. In all cases, any prison term imposed for the	2520
violation shall be reduced by any prison term that is	2521
administratively imposed by the parole board or adult parole	2522
authority as a post-release control sanction. In all cases, aA	2523
prison term imposed for the violation shall be served	2524
consecutively to any prison term imposed for the new felony. If	2525
the person is a releasee, The imposition of a prison term imposed	2526
for the post-release control violation, and a prison term imposed	2527
for the new felony, shall not count as, or be credited toward,	2528
terminate the remaining period of post-release control imposed	2529
for the earlier felony.	2530

(2) Impose a sanction under sections 2929.15 to 2929.18 of	2531
the Revised Code for the violation that shall be served	2532
concurrently or consecutively, as specified by the court, with any	2533
community control sanctions for the new felony.	2534

Sec. 2929.15.  (A)(1) If in sentencing an offender for a	2535
felony the court is not required to impose a prison term, a	2536
mandatory prison term, or a term of life imprisonment upon the	2537
offender, the court may directly impose a sentence that consists	2538
of one or more community control sanctions authorized pursuant to	2539
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	2540
court is sentencing an offender for a fourth degree felony OVI	2541
offense under division (G)(1) of section 2929.13 of the Revised	2542
Code, in addition to the mandatory term of local incarceration	2543
imposed under that division and the mandatory fine required by	2544
division (B)(3) of section 2929.18 of the Revised Code, the court	2545
may impose upon the offender a community control sanction or	2546
combination of community control sanctions in accordance with	2547
sections 2929.16 and 2929.17 of the Revised Code. If the court is	2548
sentencing an offender for a third or fourth degree felony OVI	2549
offense under division (G)(2) of section 2929.13 of the Revised	2550
Code, in addition to the mandatory prison term or mandatory prison	2551
term and additional prison term imposed under that division, the	2552
court also may impose upon the offender a community control	2553
sanction or combination of community control sanctions under	2554
section 2929.16 or 2929.17 of the Revised Code, but the offender	2555
shall serve all of the prison terms so imposed prior to serving	2556
the community control sanction.	2557

The duration of all community control sanctions imposed upon	2558
an offender under this division shall not exceed five years. If	2559
the offender absconds or otherwise leaves the jurisdiction of the	2560
court in which the offender resides without obtaining permission	2561
from the court or the offender's probation officer to leave the	2562
jurisdiction of the court, or if the offender is confined in any	2563
institution for the commission of any offense while under a	2564
community control sanction, the period of the community control	2565
sanction ceases to run until the offender is brought before the	2566
court for its further action. If the court sentences the offender	2567
to one or more nonresidential sanctions under section 2929.17 of	2568
the Revised Code, the court shall impose as a condition of the	2569
nonresidential sanctions that, during the period of the sanctions,	2570
the offender must abide by the law and must not leave the state	2571
without the permission of the court or the offender's probation	2572
officer. The court may impose any other conditions of release	2573
under a community control sanction that the court considers	2574
appropriate, including, but not limited to, requiring that the	2575
offender not ingest or be injected with a drug of abuse and submit	2576
to random drug testing as provided in division (D) of this section	2577
to determine whether the offender ingested or was injected with a	2578
drug of abuse and requiring that the results of the drug test	2579
indicate that the offender did not ingest or was not injected with	2580
a drug of abuse.	2581

(2)(a) If a court sentences an offender to any community	2582
control sanction or combination of community control sanctions	2583
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	2584
Revised Code, the court shall place the offender under the general	2585
control and supervision of a department of probation in the county	2586
that serves the court for purposes of reporting to the court a	2587
violation of any condition of the sanctions, any condition of	2588
release under a community control sanction imposed by the court, a	2589
violation of law, or the departure of the offender from this state	2590
without the permission of the court or the offender's probation	2591
officer. Alternatively, if the offender resides in another county	2592
and a county department of probation has been established in that	2593
county or that county is served by a multicounty probation	2594
department established under section 2301.27 of the Revised Code,	2595
the court may request the court of common pleas of that county to	2596
receive the offender into the general control and supervision of	2597
that county or multicounty department of probation for purposes of	2598
reporting to the court a violation of any condition of the	2599
sanctions, any condition of release under a community control	2600
sanction imposed by the court, a violation of law, or the	2601
departure of the offender from this state without the permission	2602
of the court or the offender's probation officer, subject to the	2603
jurisdiction of the trial judge over and with respect to the	2604
person of the offender, and to the rules governing that department	2605
of probation.	2606

If there is no department of probation in the county that	2607
serves the court, the court shall place the offender, regardless	2608
of the offender's county of residence, under the general control	2609
and supervision of the adult parole authority for purposes of	2610
reporting to the court a violation of any of the sanctions, any	2611
condition of release under a community control sanction imposed by	2612
the court, a violation of law, or the departure of the offender	2613
from this state without the permission of the court or the	2614
offender's probation officer.	2615

(b) If the court imposing sentence upon an offender sentences	2616
the offender to any community control sanction or combination of	2617
community control sanctions authorized pursuant to section	2618
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	2619
offender violates any condition of the sanctions, any condition of	2620
release under a community control sanction imposed by the court,	2621
violates any law, or departs the state without the permission of	2622
the court or the offender's probation officer, the public or	2623
private person or entity that operates or administers the sanction	2624
or the program or activity that comprises the sanction shall	2625
report the violation or departure directly to the sentencing	2626
court, or shall report the violation or departure to the county or	2627
multicounty department of probation with general control and	2628
supervision over the offender under division (A)(2)(a) of this	2629
section or the officer of that department who supervises the	2630
offender, or, if there is no such department with general control	2631
and supervision over the offender under that division, to the	2632
adult parole authority. If the public or private person or entity	2633
that operates or administers the sanction or the program or	2634
activity that comprises the sanction reports the violation or	2635
departure to the county or multicounty department of probation or	2636
the adult parole authority, the department's or authority's	2637
officers may treat the offender as if the offender were on	2638
probation and in violation of the probation, and shall report the	2639
violation of the condition of the sanction, any condition of	2640
release under a community control sanction imposed by the court,	2641
the violation of law, or the departure from the state without the	2642
required permission to the sentencing court.	2643

(3) If an offender who is eligible for community control	2644
sanctions under this section admits to being drug addicted or the	2645
court has reason to believe that the offender is drug addicted,	2646
and if the offense for which the offender is being sentenced was	2647
related to the addiction, the court may require that the offender	2648
be assessed by a properly credentialed professional within a	2649
specified period of time and shall require the professional to	2650
file a written assessment of the offender with the court. If a	2651
court imposes treatment and recovery support services as a	2652
community control sanction, the court shall direct the level and	2653
type of treatment and recovery support services after	2654
consideration of the written assessment, if available at the time	2655
of sentencing, and recommendations of the professional and other	2656
treatment and recovery support services providers.	2657

(4) If an assessment completed pursuant to division (A)(3) of	2658
this section indicates that the offender is addicted to drugs or	2659
alcohol, the court may include in any community control sanction	2660
imposed for a violation of section 2925.02, 2925.03, 2925.04,	2661
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	2662
2925.37 of the Revised Code a requirement that the offender	2663
participate in a treatment and recovery support services program	2664
certified under section 3793.06 of the Revised Code or offered by	2665
another properly credentialed program provider.	2666

(B) If the conditions of a community control sanction are	2667
violated or if the offender violates a law or leaves the state	2668
without the permission of the court or the offender's probation	2669
officer, the sentencing court may impose a longer time under the	2670
same sanction if the total time under the sanctions does not	2671
exceed the five-year limit specified in division (A) of this	2672
section, may impose a more restrictive sanction under section	2673
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a	2674
prison term on the offender pursuant to section 2929.14 of the	2675
Revised Code. The prison term, if any, imposed upon a violator	2676
pursuant to this division shall be within the range of prison	2677
terms available for the offense for which the sanction that was	2678
violated was imposed and shall not exceed the prison term	2679
specified in the notice provided to the offender at the sentencing	2680
hearing pursuant to division (B)(3) of section 2929.19 of the	2681
Revised Code. The court may reduce the longer period of time that	2682
the offender is required to spend under the longer sanction, the	2683
more restrictive sanction, or a prison term imposed pursuant to	2684
this division by the time the offender successfully spent under	2685
the sanction that was initially imposed.	2686

(C) If an offender, for a significant period of time,	2687
fulfills the conditions of a sanction imposed pursuant to section	2688
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	2689
manner, the court may reduce the period of time under the sanction	2690
or impose a less restrictive sanction, but the court shall not	2691
permit the offender to violate any law or permit the offender to	2692
leave the state without the permission of the court or the	2693
offender's probation officer.	2694

(D)(1) If a court under division (A)(1) of this section	2695
imposes a condition of release under a community control sanction	2696
that requires the offender to submit to random drug testing, the	2697
department of probation or the adult parole authority that has	2698
general control and supervision of the offender under division	2699
(A)(2)(a) of this section may cause the offender to submit to	2700
random drug testing performed by a laboratory or entity that has	2701
entered into a contract with any of the governmental entities or	2702
officers authorized to enter into a contract with that laboratory	2703
or entity under section 341.26, 753.33, or 5120.63 of the Revised	2704
Code.	2705

(2) If no laboratory or entity described in division (D)(1)	2706
of this section has entered into a contract as specified in that	2707
division, the department of probation or the adult parole	2708
authority that has general control and supervision of the offender	2709
under division (A)(2)(a) of this section shall cause the offender	2710
to submit to random drug testing performed by a reputable public	2711
laboratory to determine whether the individual who is the subject	2712
of the drug test ingested or was injected with a drug of abuse.	2713

(3) A laboratory or entity that has entered into a contract	2714
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	2715
shall perform the random drug tests under division (D)(1) of this	2716
section in accordance with the applicable standards that are	2717
included in the terms of that contract. A public laboratory shall	2718
perform the random drug tests under division (D)(2) of this	2719
section in accordance with the standards set forth in the policies	2720
and procedures established by the department of rehabilitation and	2721
correction pursuant to section 5120.63 of the Revised Code. An	2722
offender who is required under division (A)(1) of this section to	2723
submit to random drug testing as a condition of release under a	2724
community control sanction and whose test results indicate that	2725
the offender ingested or was injected with a drug of abuse shall	2726
pay the fee for the drug test if the department of probation or	2727
the adult parole authority that has general control and	2728
supervision of the offender requires payment of a fee. A	2729
laboratory or entity that performs the random drug testing on an	2730
offender under division (D)(1) or (2) of this section shall	2731
transmit the results of the drug test to the appropriate	2732
department of probation or the adult parole authority that has	2733
general control and supervision of the offender under division	2734
(A)(2)(a) of this section.	2735

Sec. 2929.17.  Except as provided in this section, the court	2736
imposing a sentence for a felony upon an offender who is not	2737
required to serve a mandatory prison term may impose any	2738
nonresidential sanction or combination of nonresidential sanctions	2739
authorized under this section. If the court imposes one or more	2740
nonresidential sanctions authorized under this section, the court	2741
shall impose as a condition of the sanction that, during the	2742
period of the nonresidential sanction, the offender shall abide by	2743
the law and shall not leave the state without the permission of	2744
the court or the offender's probation officer.	2745

The court imposing a sentence for a fourth degree felony OVI	2746
offense under division (G)(1) or (2) of section 2929.13 of the	2747
Revised Code or for a third degree felony OVI offense under	2748
division (G)(2) of that section may impose upon the offender, in	2749
addition to the mandatory term of local incarceration or mandatory	2750
prison term imposed under the applicable division, a	2751
nonresidential sanction or combination of nonresidential sanctions	2752
under this section, and the offender shall serve or satisfy the	2753
sanction or combination of sanctions after the offender has served	2754
the mandatory term of local incarceration or mandatory prison term	2755
required for the offense. The court shall not impose a term in a	2756
drug treatment program as described in division (D) of this	2757
section until after considering an assessment by a properly	2758
credentialed treatment professional, if available. Nonresidential	2759
sanctions include, but are not limited to, the following:	2760

(A) A term of day reporting;

2761

(B) A term of house arrest with electronic monitoring or	2762
continuous alcohol monitoring or both electronic monitoring and	2763
continuous alcohol monitoring, a term of electronic monitoring or	2764
continuous alcohol monitoring without house arrest, or a term of	2765
house arrest without electronic monitoring or continuous alcohol	2766
monitoring;	2767

(C) A term of community service of up to five hundred hours	2768
pursuant to division (B) of section 2951.02 of the Revised Code	2769
or, if the court determines that the offender is financially	2770
incapable of fulfilling a financial sanction described in section	2771
2929.18 of the Revised Code, a term of community service as an	2772
alternative to a financial sanction;	2773

(D) A term in a drug treatment program with a level of	2774
security for the offender as determined necessary by the court;	2775

(E) A term of intensive probation supervision;

2776

(F) A term of basic probation supervision;

2777

(G) A term of monitored time;

2778

(H) A term of drug and alcohol use monitoring, including	2779
random drug testing;	2780

(I) A curfew term;

2781

(J) A requirement that the offender obtain employment;

2782

(K) A requirement that the offender obtain education or	2783
training;	2784

(L) Provided the court obtains the prior approval of the	2785
victim, a requirement that the offender participate in	2786
victim-offender mediation;	2787

(M) A license violation report;

2788

(N) If the offense is a violation of section 2919.25 or a	2789
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	2790
Code involving a person who was a family or household member at	2791
the time of the violation, if the offender committed the offense	2792
in the vicinity of one or more children who are not victims of the	2793
offense, and if the offender or the victim of the offense is a	2794
parent, guardian, custodian, or person in loco parentis of one or	2795
more of those children, a requirement that the offender obtain	2796
counseling. This division does not limit the court in requiring	2797
the offender to obtain counseling for any offense or in any	2798
circumstance not specified in this division.	2799

Sec. 2929.19.  (A) The court shall hold a sentencing hearing	2800
before imposing a sentence under this chapter upon an offender who	2801
was convicted of or pleaded guilty to a felony and before	2802
resentencing an offender who was convicted of or pleaded guilty to	2803
a felony and whose case was remanded pursuant to section 2953.07	2804
or 2953.08 of the Revised Code. At the hearing, the offender, the	2805
prosecuting attorney, the victim or the victim's representative in	2806
accordance with section 2930.14 of the Revised Code, and, with the	2807
approval of the court, any other person may present information	2808
relevant to the imposition of sentence in the case. The court	2809
shall inform the offender of the verdict of the jury or finding of	2810
the court and ask the offender whether the offender has anything	2811
to say as to why sentence should not be imposed upon the offender.	2812

(B)(1) At the sentencing hearing, the court, before imposing	2813
sentence, shall consider the record, any information presented at	2814
the hearing by any person pursuant to division (A) of this	2815
section, and, if one was prepared, the presentence investigation	2816
report made pursuant to section 2951.03 of the Revised Code or	2817
Criminal Rule 32.2, and any victim impact statement made pursuant	2818
to section 2947.051 of the Revised Code.	2819

(2) The court shall impose a sentence and shall make a	2820
finding that gives its reasons for selecting the sentence imposed	2821
in any of the following circumstances:	2822

(a) Unless the offense is a violent sex offense or designated	2823
homicide, assault, or kidnapping offense for which the court is	2824
required to impose sentence pursuant to division (G) of section	2825
2929.14 of the Revised Code, if it imposes a prison term for a	2826
felony of the fourth or fifth degree or for a felony drug offense	2827
that is a violation of a provision of Chapter 2925. of the Revised	2828
Code and that is specified as being subject to division (B) of	2829
section 2929.13 of the Revised Code for purposes of sentencing,	2830
its reasons for imposing the prison term, based upon the	2831
overriding purposes and principles of felony sentencing set forth	2832
in section 2929.11 of the Revised Code, and any factors listed in	2833
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	2834
that it found to apply relative to the offender.	2835

(b) If it does not impose a prison term for a felony of the	2836
first or second degree or for a felony drug offense that is a	2837
violation of a provision of Chapter 2925. of the Revised Code and	2838
for which a presumption in favor of a prison term is specified as	2839
being applicable, its reasons for not imposing the prison term and	2840
for overriding the presumption, based upon the overriding purposes	2841
and principles of felony sentencing set forth in section 2929.11	2842
of the Revised Code, and the basis of the findings it made under	2843
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	2844

(c) If it imposes consecutive sentences under section 2929.14	2845
of the Revised Code, its reasons for imposing the consecutive	2846
sentences;	2847

(d) If the sentence is for one offense and it imposes a	2848
prison term for the offense that is the maximum prison term	2849
allowed for that offense by division (A) of section 2929.14 of the	2850
Revised Code or section 2929.142 of the Revised Code, its reasons	2851
for imposing the maximum prison term;	2852

(e) If the sentence is for two or more offenses arising out	2853
of a single incident and it imposes a prison term for those	2854
offenses that is the maximum prison term allowed for the offense	2855
of the highest degree by division (A) of section 2929.14 of the	2856
Revised Code or section 2929.142 of the Revised Code, its reasons	2857
for imposing the maximum prison term.	2858

(3) Subject to division (B)(4) of this section, if the	2859
sentencing court determines at the sentencing hearing that a	2860
prison term is necessary or required, the court shall do all of	2861
the following:	2862

(a) Impose a stated prison term and, if the court imposes a	2863
mandatory prison term, notify the offender that the prison term is	2864
a mandatory prison term;	2865

(b) Notify the offender that, as part of the sentence, the	2866
parole board may extend the stated prison term for certain	2867
violations of prison rules for up to one-half of the stated prison	2868
termIn addition to any other information, include in the	2869
sentencing entry the name and section reference to the offense or	2870
offenses, the sentence or sentences imposed and whether the	2871
sentence or sentences contain mandatory prison terms, if sentences	2872
are imposed for multiple counts whether the sentences are to be	2873
served concurrently or consecutively, and the name and section	2874
reference of any specification or specifications for which	2875
sentence is imposed and the sentence or sentences imposed for the	2876
specification or specifications;	2877

(c) Notify the offender that the offender will be supervised	2878
under section 2967.28 of the Revised Code after the offender	2879
leaves prison if the offender is being sentenced for a felony of	2880
the first degree or second degree, for a felony sex offense, or	2881
for a felony of the third degree that is not a felony sex offense	2882
and in the commission of which the offender caused or threatened	2883
to cause physical harm to a person. If a court imposes a sentence	2884
including a prison term of a type described in division (B)(3)(c)	2885
of this section on or after July 11, 2006, the failure of a court	2886
to notify the offender pursuant to division (B)(3)(c) of this	2887
section that the offender will be supervised under section 2967.28	2888
of the Revised Code after the offender leaves prison or to include	2889
in the judgment of conviction entered on the journal a statement	2890
to that effect does not negate, limit, or otherwise affect the	2891
mandatory period of supervision that is required for the offender	2892
under division (B) of section 2967.28 of the Revised Code. Section	2893
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	2894
court imposed a sentence including a prison term of a type	2895
described in division (B)(3)(c) of this section and failed to	2896
notify the offender pursuant to division (B)(3)(c) of this section	2897
regarding post-release control or to include in the judgment of	2898
conviction entered on the journal or in the sentence a statement	2899
regarding post-release control.	2900

(d) Notify the offender that the offender may be supervised	2901
under section 2967.28 of the Revised Code after the offender	2902
leaves prison if the offender is being sentenced for a felony of	2903
the third, fourth, or fifth degree that is not subject to division	2904
(B)(3)(c) of this section. Section 2929.191 of the Revised Code	2905
applies if, prior to July 11, 2006, a court imposed a sentence	2906
including a prison term of a type described in division (B)(3)(d)	2907
of this section and failed to notify the offender pursuant to	2908
division (B)(3)(d) of this section regarding post-release control	2909
or to include in the judgment of conviction entered on the journal	2910
or in the sentence a statement regarding post-release control.	2911

(e) Notify the offender that, if a period of supervision is	2912
imposed following the offender's release from prison, as described	2913
in division (B)(3)(c) or (d) of this section, and if the offender	2914
violates that supervision or a condition of post-release control	2915
imposed under division (B) of section 2967.131 of the Revised	2916
Code, the parole board may impose a prison term, as part of the	2917
sentence, of up to one-half of the stated prison term originally	2918
imposed upon the offender. If a court imposes a sentence including	2919
a prison term on or after July 11, 2006, the failure of a court to	2920
notify the offender pursuant to division (B)(3)(e) of this section	2921
that the parole board may impose a prison term as described in	2922
division (B)(3)(e) of this section for a violation of that	2923
supervision or a condition of post-release control imposed under	2924
division (B) of section 2967.131 of the Revised Code or to include	2925
in the judgment of conviction entered on the journal a statement	2926
to that effect does not negate, limit, or otherwise affect the	2927
authority of the parole board to so impose a prison term for a	2928
violation of that nature if, pursuant to division (D)(1) of	2929
section 2967.28 of the Revised Code, the parole board notifies the	2930
offender prior to the offender's release of the board's authority	2931
to so impose a prison term. Section 2929.191 of the Revised Code	2932
applies if, prior to July 11, 2006, a court imposed a sentence	2933
including a prison term and failed to notify the offender pursuant	2934
to division (B)(3)(e) of this section regarding the possibility of	2935
the parole board imposing a prison term for a violation of	2936
supervision or a condition of post-release control.	2937

(f) Require that the offender not ingest or be injected with	2938
a drug of abuse and submit to random drug testing as provided in	2939
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	2940
is applicable to the offender who is serving a prison term, and	2941
require that the results of the drug test administered under any	2942
of those sections indicate that the offender did not ingest or was	2943
not injected with a drug of abuse.	2944

(4)(a) The court shall include in the offender's sentence a	2945
statement that the offender is a tier III sex	2946
offender/child-victim offender, and the court shall comply with	2947
the requirements of section 2950.03 of the Revised Code if any of	2948
the following apply:	2949

(i) The offender is being sentenced for a violent sex	2950
offense or designated homicide, assault, or kidnapping offense	2951
that the offender committed on or after January 1, 1997, and the	2952
offender is adjudicated a sexually violent predator in relation to	2953
that offense.	2954

(ii) The offender is being sentenced for a sexually oriented	2955
offense that the offender committed on or after January 1, 1997,	2956
and the offender is a tier III sex offender/child-victim	2957
offender relative to that offense.	2958

(iii) The offender is being sentenced on or after July 31,	2959
2003, for a child-victim oriented offense, and the offender is a	2960
tier III sex offender/child-victim offender relative to that	2961
offense.	2962

(iv) The offender is being sentenced under section 2971.03 of	2963
the Revised Code for a violation of division (A)(1)(b) of section	2964
2907.02 of the Revised Code committed on or after January 2, 2007.	2965

(v) The offender is sentenced to a term of life without	2966
parole under division (B) of section 2907.02 of the Revised Code.	2967

(vi) The offender is being sentenced for attempted rape	2968
committed on or after January 2, 2007, and a specification of the	2969
type described in section 2941.1418, 2941.1419, or 2941.1420 of	2970
the Revised Code.	2971

(vii) The offender is being sentenced under division	2972
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	2973
for an offense described in those divisions committed on or after	2974
the effective date of this amendmentJanuary 1, 2008.	2975

(b) Additionally, if any criterion set forth in divisions	2976
(B)(4)(a)(i) to (vii) of this section is satisfied, in the	2977
circumstances described in division (G) of section 2929.14 of the	2978
Revised Code, the court shall impose sentence on the offender as	2979
described in that division.	2980

(5) If the sentencing court determines at the sentencing	2981
hearing that a community control sanction should be imposed and	2982
the court is not prohibited from imposing a community control	2983
sanction, the court shall impose a community control sanction. The	2984
court shall notify the offender that, if the conditions of the	2985
sanction are violated, if the offender commits a violation of any	2986
law, or if the offender leaves this state without the permission	2987
of the court or the offender's probation officer, the court may	2988
impose a longer time under the same sanction, may impose a more	2989
restrictive sanction, or may impose a prison term on the offender	2990
and shall indicate the specific prison term that may be imposed as	2991
a sanction for the violation, as selected by the court from the	2992
range of prison terms for the offense pursuant to section 2929.14	2993
of the Revised Code.	2994

(6) Before imposing a financial sanction under section	2995
2929.18 of the Revised Code or a fine under section 2929.32 of the	2996
Revised Code, the court shall consider the offender's present and	2997
future ability to pay the amount of the sanction or fine.	2998

(7) If the sentencing court sentences the offender to a	2999
sanction of confinement pursuant to section 2929.14 or 2929.16 of	3000
the Revised Code that is to be served in a local detention	3001
facility, as defined in section 2929.36 of the Revised Code, and	3002
if the local detention facility is covered by a policy adopted	3003
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	3004
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	3005
and section 2929.37 of the Revised Code, both of the following	3006
apply:	3007

(a) The court shall specify both of the following as part of	3008
the sentence:	3009

(i) If the offender is presented with an itemized bill	3010
pursuant to section 2929.37 of the Revised Code for payment of the	3011
costs of confinement, the offender is required to pay the bill in	3012
accordance with that section.	3013

(ii) If the offender does not dispute the bill described in	3014
division (B)(7)(a)(i) of this section and does not pay the bill by	3015
the times specified in section 2929.37 of the Revised Code, the	3016
clerk of the court may issue a certificate of judgment against the	3017
offender as described in that section.	3018

(b) The sentence automatically includes any certificate of	3019
judgment issued as described in division (B)(7)(a)(ii) of this	3020
section.	3021

(8) The failure of the court to notify the offender that a	3022
prison term is a mandatory prison term pursuant to division	3023
(B)(3)(a) of this section or to include in the sentencing entry	3024
any information required by division (B)(3)(b) of this section	3025
does not affect the validity of the imposed sentence or sentences.	3026
If the sentencing court notifies the offender at the sentencing	3027
hearing that a prison term is mandatory but the sentencing entry	3028
does not specify that the prison term is mandatory, the court may	3029
complete a corrected journal entry and send copies of the	3030
corrected entry to the offender and the department of	3031
rehabilitation and correction, or, at the request of the state,	3032
the court shall complete a corrected journal entry and send copies	3033
of the corrected entry to the offender and department of	3034
rehabilitation and correction.	3035

(C)(1) If the offender is being sentenced for a fourth degree	3036
felony OVI offense under division (G)(1) of section 2929.13 of the	3037
Revised Code, the court shall impose the mandatory term of local	3038
incarceration in accordance with that division, shall impose a	3039
mandatory fine in accordance with division (B)(3) of section	3040
2929.18 of the Revised Code, and, in addition, may impose	3041
additional sanctions as specified in sections 2929.15, 2929.16,	3042
2929.17, and 2929.18 of the Revised Code. The court shall not	3043
impose a prison term on the offender except that the court may	3044
impose a prison term upon the offender as provided in division	3045
(A)(1) of section 2929.13 of the Revised Code.	3046

(2) If the offender is being sentenced for a third or fourth	3047
degree felony OVI offense under division (G)(2) of section 2929.13	3048
of the Revised Code, the court shall impose the mandatory prison	3049
term in accordance with that division, shall impose a mandatory	3050
fine in accordance with division (B)(3) of section 2929.18 of the	3051
Revised Code, and, in addition, may impose an additional prison	3052
term as specified in section 2929.14 of the Revised Code. In	3053
addition to the mandatory prison term or mandatory prison term and	3054
additional prison term the court imposes, the court also may	3055
impose a community control sanction on the offender, but the	3056
offender shall serve all of the prison terms so imposed prior to	3057
serving the community control sanction.	3058

(D) The sentencing court, pursuant to division (K) of section	3059
2929.14 of the Revised Code, may recommend placement of the	3060
offender in a program of shock incarceration under section	3061
5120.031 of the Revised Code or an intensive program prison under	3062
section 5120.032 of the Revised Code, disapprove placement of the	3063
offender in a program or prison of that nature, or make no	3064
recommendation. If the court recommends or disapproves placement,	3065
it shall make a finding that gives its reasons for its	3066
recommendation or disapproval.	3067

Sec. 2929.20.  (A) As used in this section, "eligible	3068
offender" means any person serving a stated prison term of ten	3069
years or less when either of the following applies:	3070

(1) The stated prison term does not include a mandatory	3071
prison term.	3072

(2) The stated prison term includes a mandatory prison term,	3073
and the person has served the mandatory prison term.	3074

(B) Upon the filing of a motion by the eligibleOn the motion	3075
of an eligible offender or upon its own motion, athe sentencing	3076
court may reduce the eligible offender's stated prison term	3077
through a judicial release in accordance withunder this section.	3078
The court shall not reduce the stated prison term of an offender	3079
who is not an eligible offender. An	3080

(C) An eligible offender may file a motion for judicial	3081
release with the sentencing court within the following	3082
applicable period of timeperiods:	3083

(1)(a) Except as otherwise provided in division (B)(1)(b) or	3084
(c) of this section, ifIf the stated prison term was imposed for	3085
a felony of the fourth or fifth degreeis less than two years, the	3086
eligible offender may file the motion not earlier than thirty days	3087
or later than ninety days after the offender is delivered to a	3088
state correctional institution or, if the prison term includes a	3089
mandatory prison term or terms, not earlier than thirty days after	3090
the expiration of all mandatory prison terms.	3091

(b) If the stated prison term is five years and is an	3092
aggregate of stated prison terms that are being served	3093
consecutively and that were imposed for any combination of	3094
felonies of the fourth degree and felonies of the fifth degree,	3095
the eligible offender may file the motion after the eligible	3096
offender has served four years of the stated prison term.	3097

(c) If the stated prison term is more than five years and not	3098
more than ten years and is an aggregate of stated prison terms	3099
that are being served consecutively and that were imposed for any	3100
combination of felonies of the fourth degree and felonies of the	3101
fifth degree, the eligible offender may file the motion after the	3102
eligible offender has served five years of the stated prison term.	3103

(2) Except as otherwise provided in division (B)(3) or (4) of	3104
this section, ifIf the stated prison term was imposed for a	3105
felony of the first, second, or third degreeis at least two	3106
years but less than five years, the eligible offender may file	3107
the motion not earlier than one hundred eighty days after the	3108
offender is delivered to a state correctional institution or, if	3109
the prison term includes a mandatory prison term or terms, not	3110
earlier than one hundred eighty days after the expiration of all	3111
mandatory prison terms.	3112

(3) If the stated prison term is five years, the eligible	3113
offender may file the motion after the eligible offender has	3114
served four years of the stated prison term.	3115

(4) If the stated prison term is more than five years andor	3116
more but not more than ten years, the eligible offender may file	3117
the motion not earlier than five years after the eligible offender	3118
has served five years of the stated prison termis delivered to a	3119
state correctional institution or, if the prison term includes a	3120
mandatory prison term or terms, not earlier than five years after	3121
the expiration of all mandatory prison terms.	3122

(5) If the offender's stated prison term includes a mandatory	3123
prison term, the offender shall file the motion within the time	3124
authorized under division (B)(1), (2), (3), or (4) of this section	3125
for the nonmandatory portion of the prison term, but the time for	3126
filing the motion does not begin to run until after the expiration	3127
of the mandatory portion of the prison term.	3128

(C)(D) Upon receipt of a timely motion for judicial release	3129
filed by an eligible offender under division (B)(C) of this	3130
section or upon the sentencing court's own motion made within the	3131
appropriate time period specified in that division, the court may	3132
deny the motion without a hearing or schedule a hearing on the	3133
motion. The court may deny the motion without a hearing but shall	3134
not grant the motion without a hearing. If a court denies a motion	3135
without a hearing, the court later may consider a subsequent	3136
judicial release for that eligible offender on its own motion or a	3137
subsequent motion filed by that eligible offender unless the court	3138
denies the motion with prejudice. If a court denies a motion with	3139
prejudice, the court may later consider judicial release on its	3140
own motion. If a court denies a motion after a hearing, the court	3141
shall not consider a subsequent motion for that eligible offender.	3142
The court shall hold only one hearing for any eligible offender.	3143

A hearing under this section shall be conducted in open court	3144
within sixty days after the date on which the motion is filed,	3145
provided that the court may delay the hearing for a period not to	3146
exceed one hundred eighty additional days. If the court holds a	3147
hearing on the motion, the court shall enter a ruling on the	3148
motion within ten days after the hearing. If the court denies the	3149
motion without a hearing, the court shall enter its ruling on the	3150
motion within sixty days after the motion is filed.	3151

(D)(E) If a court schedules a hearing under division (C)(D)	3152
of this section, the court shall notify the eligible offender of	3153
the hearing and shall notify the head of the state correctional	3154
institution in which the eligible offender is confined of the	3155
hearing prior to the hearing. The head of the state correctional	3156
institution immediately shall notify the appropriate person at the	3157
department of rehabilitation and correction of the hearing, and	3158
the department within twenty-four hours after receipt of the	3159
notice, shall post on the database it maintains pursuant to	3160
section 5120.66 of the Revised Code the offender's name and all of	3161
the information specified in division (A)(1)(c)(i) of that	3162
section. If the court schedules a hearing for judicial release,	3163
the court promptly shall give notice of the hearing to the	3164
prosecuting attorney of the county in which the eligible offender	3165
was indicted. Upon receipt of the notice from the court, the	3166
prosecuting attorney shall notify the victim of the offense for	3167
which the stated prison term was imposed or the victim's	3168
representative, pursuant to section 2930.16 of the Revised Code,	3169
of the hearing.	3170

(E)(F) Upon an offender's successful completion of	3171
rehabilitative activities, the head of the state correctional	3172
institution may notify the sentencing court of the successful	3173
completion of the activities.	3174

(G) Prior to the date of the hearing on a motion for judicial	3175
release under this section, the head of the state correctional	3176
institution in which the eligible offender in question is confined	3177
shall send to the court a report on the eligible offender's	3178
conduct in the institution and in any institution from which the	3179
eligible offender may have been transferred. The report shall	3180
cover the eligible offender's participation in school, vocational	3181
training, work, treatment, and other rehabilitative activities and	3182
any disciplinary action taken against the eligible offender. The	3183
report shall be made part of the record of the hearing.	3184

(F)(H) If the court grants a hearing on a motion for judicial	3185
release under this section, the eligible offender shall attend the	3186
hearing if ordered to do so by the court. Upon receipt of a copy	3187
of the journal entry containing the order, the head of the state	3188
correctional institution in which the eligible offender is	3189
incarcerated shall deliver the eligible offender to the sheriff of	3190
the county in which the hearing is to be held. The sheriff shall	3191
convey the eligible offender to the hearing and return the	3192
offender to the institution afterfrom the hearing.	3193

(G)(I) At the hearing on a motion for judicial release under	3194
this section, the court shall afford the eligible offender and the	3195
eligible offender's attorney an opportunity to present written	3196
and, if present, oral information relevant to the motion and shall	3197
afford the eligible offender, if present, and the eligible	3198
offender's attorney an opportunity to present oral information	3199
relevant to the motion. The court shall afford a similar	3200
opportunity to the prosecuting attorney, the victim or the	3201
victim's representative, as defined in section 2930.01 of the	3202
Revised Code, and any other person the court determines is likely	3203
to present additional relevant information. The court shall	3204
consider any statement of a victim made pursuant to section	3205
2930.14 or 2930.17 of the Revised Code, any victim impact	3206
statement prepared pursuant to section 2947.051 of the Revised	3207
Code, and any report made under division (E)(G) of this section.	3208
The court may consider any written statement of any person	3209
submitted to the court pursuant to division (J)(L) of this	3210
section. After ruling on the motion, the court shall notify the	3211
victim of the ruling in accordance with sections 2930.03 and	3212
2930.16 of the Revised Code.	3213

(H)(J)(1) A court shall not grant a judicial release under	3214
this section to an eligible offender who is imprisoned for a	3215
felony of the first or second degree, or to an eligible offender	3216
who committed an offense contained inunder Chapter 2925. or 3719.	3217
of the Revised Code and for whom there was a presumption under	3218
section 2929.13 of the Revised Code in favor of a prison term,	3219
unless the court, with reference to factors under section 2929.12	3220
of the Revised Code, finds both of the following:	3221

(a) That a sanction other than a prison term would adequately	3222
punish the offender and protect the public from future criminal	3223
violations by the eligible offender because the applicable factors	3224
indicating a lesser likelihood of recidivism outweigh the	3225
applicable factors indicating a greater likelihood of recidivism;	3226

(b) That a sanction other than a prison term would not demean	3227
the seriousness of the offense because factors indicating that the	3228
eligible offender's conduct in committing the offense was less	3229
serious than conduct normally constituting the offense outweigh	3230
factors indicating that the eligible offender's conduct was more	3231
serious than conduct normally constituting the offense.	3232

(2) A court that grants a judicial release to an eligible	3233
offender under division (H)(J)(1) of this section shall specify on	3234
the record both findings required in that division and also shall	3235
list all the factors described in that division that were	3236
presented at the hearing.	3237

(I)(K) If the court grants a motion for judicial release	3238
under this section, the court shall order the release of the	3239
eligible offender, shall place the eligible offender under an	3240
appropriate community control sanction, under appropriate	3241
community control conditions, and under the supervision of the	3242
department of probation serving the court, and shall reserve the	3243
right to reimpose the sentence that it reduced pursuant to the	3244
judicial release if the offender violates the sanction. If the	3245
court reimposes the reduced sentence pursuant to this reserved	3246
right, it may do so either concurrently with, or consecutive to,	3247
any new sentence imposed upon the eligible offender as a result of	3248
the violation that is a new offense. The period of the community	3249
control sanction shall be no longer than five years. The court, in	3250
its discretion, may reduce the period of the community control	3251
sanction by the amount of time the eligible offender spent in jail	3252
or prison for the offense and in prison. If the court made any	3253
findings pursuant to division (H)(J)(1) of this section, the court	3254
shall serve a copy of the findings upon counsel for the parties	3255
within fifteen days after the date on which the court grants the	3256
motion for judicial release.	3257

Prior to being released pursuant to a judicial release	3258
granted under this section, the eligible offender shall serve any	3259
extension of sentence that was imposed under section 2967.11 of	3260
the Revised Code.	3261

If the court grants a motion for judicial release, the court	3262
shall notify the appropriate person at the department of	3263
rehabilitation and correction of the judicial release, and the	3264
department shall post notice of the release on the database it	3265
maintains pursuant to section 5120.66 of the Revised Code.	3266

(J)(L) In addition to and independent of the right of a	3267
victim to make a statement pursuant to section 2930.14, 2930.17,	3268
or 2946.051 of the Revised Code and any right of a person to	3269
present written information or make a statement pursuant to	3270
division (G)(I) of this section, any person may submit to the	3271
court, at any time prior to the hearing on the offender's motion	3272
for judicial release, a written statement concerning the effects	3273
of the offender's crime or crimes, the circumstances surrounding	3274
the crime or crimes, the manner in which the crime or crimes were	3275
perpetrated, and the person's opinion as to whether the offender	3276
should be released.	3277

Sec. 2935.36.  (A) The prosecuting attorney may establish	3278
pre-trial diversion programs for adults who are accused of	3279
committing criminal offenses and whom the prosecuting attorney	3280
believes probably will not offend again. The prosecuting attorney	3281
may require, as a condition of an accused's participation in the	3282
program, the accused to pay a reasonable fee for supervision	3283
services that include, but are not limited to, monitoring and drug	3284
testing. The programs shall be operated pursuant to written	3285
standards approved by journal entry by the presiding judge or, in	3286
courts with only one judge, the judge of the court of common pleas	3287
and shall not be applicable to any of the following:	3288

(1) Repeat offenders or dangerous offenders;

3289

(2) Persons accused of an offense of violence, of a violation	3290
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	3291
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	3292
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	3293
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	3294
Code that, had it occurred prior to July 1, 1996, would have been	3295
a violation of section 2905.04 of the Revised Code as it existed	3296
prior to that date, with the exception that the prosecuting	3297
attorney may permit persons accused of any such offense to enter a	3298
pre-trial diversion program, if the prosecuting attorney finds any	3299
of the following:	3300

(a) The accused did not cause, threaten, or intend serious	3301
physical harm to any person;	3302

(b) The offense was the result of circumstances not likely to	3303
recur;	3304

(c) The accused has no history of prior delinquency or	3305
criminal activity;	3306

(d) The accused has led a law-abiding life for a substantial	3307
time before commission of the alleged offense;	3308

(e) Substantial grounds tending to excuse or justify the	3309
alleged offense.	3310

(3) Persons accused of a violation of Chapter 2925. or 3719.	3311
of the Revised Code;	3312

(4) Drug dependent persons or persons in danger of becoming	3313
drug dependent persons, as defined in section 3719.011 of the	3314
Revised Code. However, this division does not affect the	3315
eligibility of such persons for intervention in lieu of conviction	3316
pursuant to section 2951.041 of the Revised Code.	3317

(5) Persons accused of a violation of section 4511.19 of the	3318
Revised Code or a violation of any substantially similar municipal	3319
ordinance.	3320

(B) An accused who enters a diversion program shall do all of	3321
the following:	3322

(1) Waive, in writing and contingent upon the accused's	3323
successful completion of the program, the accused's right to a	3324
speedy trial, the preliminary hearing, the time period within	3325
which the grand jury may consider an indictment against the	3326
accused, and arraignment, unless the hearing, indictment, or	3327
arraignment has already occurred;	3328

(2) Agree, in writing, to the tolling while in the program of	3329
all periods of limitation established by statutes or rules of	3330
court, that are applicable to the offense with which the accused	3331
is charged and to the conditions of the diversion program	3332
established by the prosecuting attorney;	3333

(3) Agree, in writing, to pay any reasonable fee for	3334
supervision services established by the prosecuting attorney.	3335

(C) The trial court, upon the application of the prosecuting	3336
attorney, shall order the release from confinement of any accused	3337
who has agreed to enter a pre-trial diversion program and shall	3338
discharge and release any existing bail and release any sureties	3339
on recognizances and shall release the accused on a recognizance	3340
bond conditioned upon the accused's compliance with the terms of	3341
the diversion program. The prosecuting attorney shall notify every	3342
victim of the crime and the arresting officers of the prosecuting	3343
attorney's intent to permit the accused to enter a pre-trial	3344
diversion program. The victim of the crime and the arresting	3345
officers shall have the opportunity to file written objections	3346
with the prosecuting attorney prior to the commencement of the	3347
pre-trial diversion program.	3348

(D) If the accused satisfactorily completes the diversion	3349
program, the prosecuting attorney shall recommend to the trial	3350
court that the charges against the accused be dismissed, and the	3351
court, upon the recommendation of the prosecuting attorney, shall	3352
dismiss the charges. If the accused chooses not to enter the	3353
prosecuting attorney's diversion program, or if the accused	3354
violates the conditions of the agreement pursuant to which the	3355
accused has been released, the accused may be brought to trial	3356
upon the charges in the manner provided by law, and the waiver	3357
executed pursuant to division (B)(1) of this section shall be void	3358
on the date the accused is removed from the program for the	3359
violation.	3360

(E) As used in this section:

3361

(1) "Repeat offender" means a person who has a history of	3362
persistent criminal activity and whose character and condition	3363
reveal a substantial risk that the person will commit another	3364
offense. It is prima-facie evidence that a person is a repeat	3365
offender if any of the following applies:	3366

(a) Having been convicted of one or more offenses of violence	3367
and having been imprisoned pursuant to sentence for any such	3368
offense, the person commits a subsequent offense of violence;	3369

(b) Having been convicted of one or more sexually oriented	3370
offenses or child-victim oriented offenses, both as defined in	3371
section 2950.01 of the Revised Code, and having been imprisoned	3372
pursuant to sentence for one or more of those offenses, the person	3373
commits a subsequent sexually oriented offense or child-victim	3374
oriented offense;	3375

(c) Having been convicted of one or more theft offenses as	3376
defined in section 2913.01 of the Revised Code and having been	3377
imprisoned pursuant to sentence for one or more of those theft	3378
offenses, the person commits a subsequent theft offense;	3379

(d) Having been convicted of one or more felony drug abuse	3380
offenses as defined in section 2925.01 of the Revised Code and	3381
having been imprisoned pursuant to sentence for one or more of	3382
those felony drug abuse offenses, the person commits a subsequent	3383
felony drug abuse offense;	3384

(e) Having been convicted of two or more felonies and having	3385
been imprisoned pursuant to sentence for one or more felonies, the	3386
person commits a subsequent offense;	3387

(f) Having been convicted of three or more offenses of any	3388
type or degree other than traffic offenses, alcoholic intoxication	3389
offenses, or minor misdemeanors and having been imprisoned	3390
pursuant to sentence for any such offense, the person commits a	3391
subsequent offense.	3392

(2) "Dangerous offender" means a person who has committed an	3393
offense, whose history, character, and condition reveal a	3394
substantial risk that the person will be a danger to others, and	3395
whose conduct has been characterized by a pattern of repetitive,	3396
compulsive, or aggressive behavior with heedless indifference to	3397
the consequences.	3398

Sec. 2943.032.  Prior to accepting a guilty plea or a plea of	3399
no contest to an indictment, information, or complaint that	3400
charges a felony, the court shall inform the defendant personally	3401
that, if the defendant pleads guilty or no contest to the felony	3402
so charged or any other felony and, if the court imposes a prison	3403
term upon the defendant for the felony, all of the following	3404
apply:	3405

(A) The parole board may extend the stated prison term if the	3406
defendant commits any criminal offense under the law of this state	3407
or the United States while serving the prison term.	3408

(B) Any such extension will be done administratively as part	3409
of the defendant's sentence in accordance with section 2967.11 of	3410
the Revised Code and may be for thirty, sixty, or ninety days for	3411
each violation.	3412

(C) All such extensions of the stated prison term for all	3413
violations during the course of the term may not exceed one-half	3414
of the term's duration.	3415

(D) The sentence imposed for the felony automatically	3416
includes any such extension of the stated prison term by the	3417
parole board.	3418

(E) Ifand if the offender violates the conditions of a	3419
post-release control sanction imposed by the parole board upon the	3420
completion of the stated prison term, the parole board may impose	3421
upon the offender a residential sanction that includes a new	3422
prison term of up to nine months.	3423

Sec. 2949.12.  Unless the execution of sentence is suspended	3424
or the convicted felon has less than thirty days to serve in	3425
prison and the department of rehabilitation and correction, the	3426
county sheriff, and the court agree otherwise, a convicted felon	3427
who is sentenced to serve a term of imprisonment in a state	3428
correctional institution shall be conveyed, within five days	3429
after sentencing, excluding Saturdays, Sundays, and legal	3430
holidays, by the sheriff of the county in which the conviction	3431
was had to the facility that is designated by the department of	3432
rehabilitation and correction for the reception of convicted	3433
felons. The sheriff shall deliver the convicted felon into the	3434
custody of the managing officer of the reception facility and, at	3435
that time, unless the department and the sheriff have agreed to	3436
electronically processed prisoner commitment, shall present the	3437
managing officer with a copy of the convicted felon's sentence	3438
that clearly describes each offense for which the felon was	3439
sentenced to a correctional institution, designates each section	3440
of the Revised Code that the felon violated and that resulted in	3441
the felon's conviction and sentence to a correctional	3442
institution, designates the sentence imposed for each offense for	3443
which the felon was sentenced to a correctional institution, and,	3444
pursuant to section 2967.191 of the Revised Code, specifies the	3445
total number of days, if any, that the felon was confined for any	3446
reason prior to conviction and sentence. The sheriff, at that	3447
time, also shall present the managing officer with a copy of the	3448
indictment. The clerk of the court of common pleas shall furnish	3449
the copies of the sentence and indictment. In the case of a	3450
person under the age of eighteen years who is certified to the	3451
court of common pleas by the juvenile court, the clerk of the	3452
court of common pleas also shall attach a copy of the	3453
certification to the copy of the indictment.	3454

The convicted felon shall be assigned to an institution or	3455
designated to be housed in a county, multicounty, municipal,	3456
municipal-county, or multicounty-municipal jail or workhouse, if	3457
authorized pursuant to section 5120.161 of the Revised Code, shall	3458
be conveyed to the institution, jail, or workhouse, and shall be	3459
kept within the institution, jail, or workhouse until the term of	3460
the felon's imprisonment expires, the felon is pardoned, paroled,	3461
or placed under a post-release control sanction, or the felon is	3462
transferred under laws permitting the transfer of prisoners. If	3463
the execution of the felon's sentence is suspended, and the	3464
judgment thereafter affirmed, the felon shall be conveyed, in the	3465
same manner as if the execution of the felon's sentence had not	3466
been suspended, to the reception facility as soon as practicable	3467
after the judge directs the execution of sentence. The trial judge	3468
or other judge of the court, in the judge's discretion and for	3469
good cause shown, may extend the time of the conveyance.	3470

Sec. 2951.021.  (A)(1) If a court places a misdemeanor	3471
offender under a community control sanction under section 2929.26,	3472
2929.27, or 2929.28 of the Revised Code or places a felony	3473
offender under a community control sanction under section 2929.16,	3474
2929.17, or 2929.18 of the Revised Code and if the court places	3475
the offender under the control and supervision of a probation	3476
agency, the court may require the offender, as a condition of	3477
community control, to pay a monthly supervision fee of not more	3478
than fifty dollars for supervision services. If the court requires	3479
an offender to pay a monthly supervision fee and the offender will	3480
be under the control of a county department of probation, a	3481
multicounty department of probation, or a municipal court	3482
department of probation established under section 1901.33 of the	3483
Revised Code, the court shall specify whether the offender is to	3484
pay the fee to the probation agency that will have control over	3485
the offender or to the clerk of the court for which the	3486
supervision agency is established. If the court requires an	3487
offender to pay a monthly probation fee and the offender will be	3488
under the control of the adult parole authority, the court shall	3489
specify that the offender is to pay the fee to the clerk of the	3490
court of common pleas.	3491

(2) No person shall be assessed, in any month, more than	3492
fifty dollars in supervision fees.	3493

(3) The prosecuting attorney of the county or the chief legal	3494
officer of a municipal corporation in which is located the court	3495
that imposed sentence upon an offender may bring a civil action to	3496
recover unpaid monthly supervision fees that the offender was	3497
required to pay. Any amount recovered in the civil action shall be	3498
paid into the appropriate county or municipal probation services	3499
fund in accordance with division (B) of this section.	3500

(4) The failure of an offender to comply with a condition of	3501
community control that requires the offender to pay a monthly	3502
supervision fee and that is imposed under division (A)(1) of this	3503
section shall not constitute the basis for the modification of the	3504
offender's community control sanctions pursuant to section 2929.15	3505
or 2929.25 of the Revised Code but may be considered with any	3506
other factors that form the basis of a modification of a sanction	3507
for violating a community control sanction under those sections.	3508
If the court determines that a misdemeanor offender on community	3509
control failed to pay a monthly supervision fee imposed under	3510
division (A)(1) of this section and that no other factors	3511
warranting the modification of the offender's community control	3512
sanction are present, the court shall remand the offender to the	3513
custody of the probation agency and may impose any additional	3514
conditions of community control upon the offender, including a	3515
requirement that the offender perform community service, as the	3516
ends of justice require. Any requirement imposed pursuant to	3517
division (A)(4) of this section that the offender perform	3518
community service shall be in addition to and shall not limit or	3519
otherwise affect any order that the offender perform community	3520
service pursuant to division (B) of section 2951.02 of the Revised	3521
Code.	3522

(B) Prior to the last day of the month in each month during	3523
the period of community control, an offender who is ordered to pay	3524
a monthly supervision fee under this section shall pay the fee to	3525
the probation agency that has control and supervision over the	3526
offender or to the clerk of the court for which the probation	3527
agency is established, as specified by the court, except that, if	3528
the probation agency is the adult parole authority, the offender	3529
shall pay the fee to the clerk of the court of common pleas. Each	3530
probation agency or clerk of a court that receives any monthly	3531
supervision fees shall keep a record of the monthly supervision	3532
fees that are paid to the agency or the clerk and shall give a	3533
written receipt to each person who pays a supervision fee to the	3534
agency or clerk.	3535

(C) Subject to division (E) of this section, all monthly	3536
supervision fees collected under this section by a probation	3537
agency or the clerk of a court shall be disposed of in the	3538
following manner:	3539

(1) For offenders who are under the control and supervision	3540
of a county department of probation or a municipal court	3541
department of probation in a county-operated municipal court, on	3542
or before the fifth business day of each month, the chief	3543
probation officer, the chief probation officer's designee, or the	3544
clerk of the court shall pay all monthly supervision fees	3545
collected in the previous month to the county treasurer of the	3546
county in which the county department of probation or municipal	3547
court department of probation is established for deposit into the	3548
county probation services fund established in the county treasury	3549
of that county pursuant to division (A)(1) of section 321.44 of	3550
the Revised Code.	3551

(2) For offenders who are under the control and supervision	3552
of a multicounty department of probation, on or before the fifth	3553
business day of each month, the chief probation officer, the chief	3554
probation officer's designee, or the clerk of the court shall pay	3555
all monthly supervision fees collected in the previous month to	3556
the county treasurer of the county in which is located the court	3557
of common pleas that placed the offender under a community control	3558
sanction under the control of the department for deposit into the	3559
county probation services fund established in the county treasury	3560
of that county pursuant to division (A)(1) of section 321.44 of	3561
the Revised Code and for subsequent appropriation and transfer in	3562
accordance with division (A)(2) of that section to the appropriate	3563
multicounty probation services fund established pursuant to	3564
division (B) of that section.	3565

(3) For offenders who are under the control and supervision	3566
of a municipal court department of probation in a municipal court	3567
that is not a county-operated municipal court, on or before the	3568
fifth business day of each month, the chief probation officer, the	3569
chief probation officer's designee, or the clerk of the court	3570
shall pay all monthly supervision fees collected in the previous	3571
month to the treasurer of the municipal corporation for deposit	3572
into the municipal probation services fund established pursuant to	3573
section 737.41 of the Revised Code.	3574

(4) For offenders who are under the control and supervision	3575
of the adult parole authority, the clerk of the court of common	3576
pleas, on or before the fifth business day of January, April,	3577
July, and October, shall pay all monthly supervision fees	3578
collected by the clerk in the previous three months to the	3579
treasurer of the county in which is located the court of common	3580
pleas that placed the offender under a community control sanction	3581
under the control of the authority for deposit into the county	3582
probation services fund established in the county treasury of that	3583
county pursuant to division (A)(1) of section 321.44 of the	3584
Revised Code and for subsequent appropriation and transfer in	3585
accordance with division (A)(2) of that section to the adult	3586
parole authority probation services fund established pursuant to	3587
section 5149.06 of the Revised Code.	3588

(D) Not later than the first day of December of each year,	3589
each probation agency or the court of common pleas of a county in	3590
which the court has entered into an agreement with the adult	3591
parole authority pursuant to section 2301.32 of the Revised Code	3592
shall prepare a report regarding its use of money from a county	3593
probation services fundaccount, a multicounty probation services	3594
fundaccount, or a municipal probation services fundaccount, or	3595
the adult parole authority probation services fund, whichever is	3596
applicable. The report shall specify the amount appropriated from	3597
the fund to the probation agency or court during the current	3598
calendar year, an estimate of the amount that the probation	3599
agency or court will expend by the end of the year, a summary of	3600
how the amount appropriated has been expended for probation	3601
services, and an estimate of the amount of supervision fees that	3602
the probation agency or court will collect and pay to the	3603
appropriate treasurer for deposit in the appropriate fund in the	3604
next calendar year. The report shall be filed with one of the	3605
following:	3606

(1) If the probation agency is a county department of	3607
probation or a municipal court department of probation in a	3608
county-operated municipal court, with the board of county	3609
commissioners of that county;	3610

(2) If the probation agency is a multicounty department of	3611
probation, with the board of county commissioners of the county	3612
whose treasurer, in accordance with section 2301.27 of the Revised	3613
Code, is designated as the treasurer to whom supervision fees	3614
collected under this section are to be appropriated and	3615
transferred under division (A)(2) of section 321.44 of the Revised	3616
Code;	3617

(3) If the probation agency is a department of probation of a	3618
municipal court that is not a county-operated municipal court,	3619
with the legislative authority of the municipal corporation that	3620
operates the court;	3621

(4) If the probation agency iscourt of common pleas has	3622
entered into an agreement with the adult parole authority, with	3623
the chairpersons of the finance committees of the senate and the	3624
house of representatives, the directors of the office of budget	3625
and management and the legislative service commission,director of	3626
rehabilitation and correction, the chief of the adult parole	3627
authority, and the board of county commissioners in each county	3628
for which the adult parole authority provides probation services.	3629

(E) If the clerk of a court of common pleas or the clerk of a	3630
municipal court collects any monthly supervision fees under this	3631
section, the clerk may retain up to two per cent of the fees so	3632
collected to cover any administrative costs experienced in	3633
complying with the clerk's duties under this section.	3634

Sec. 2951.041.  (A)(1) If an offender is charged with a	3635
criminal offense and the court has reason to believe that drug or	3636
alcohol usage by the offender was a factor leading to the	3637
offender's criminal behavior, the court may accept, prior to the	3638
entry of a guilty plea, the offender's request for intervention in	3639
lieu of conviction. The request shall include a waiver of the	3640
defendant's right to a speedy trial, the preliminary hearing, the	3641
time period within which the grand jury may consider an indictment	3642
against the offender, and arraignment, unless the hearing,	3643
indictment, or arraignment has already occurred. The court may	3644
reject an offender's request without a hearing. If the court	3645
elects to consider an offender's request, the court shall conduct	3646
a hearing to determine whether the offender is eligible under this	3647
section for intervention in lieu of conviction and shall stay all	3648
criminal proceedings pending the outcome of the hearing. If the	3649
court schedules a hearing, the court shall order an assessment of	3650
the offender for the purpose of determining the offender's	3651
eligibility for intervention in lieu of conviction and	3652
recommending an appropriate intervention plan.	3653

(2) The victim notification provisions of division (C) of	3654
section 2930.08 of the Revised Code apply in relation to any	3655
hearing held under division (A)(1) of this section.	3656

(B) An offender is eligible for intervention in lieu of	3657
conviction if the court finds all of the following:	3658

(1) The offender previously has not been convicted of or	3659
pleaded guilty to a felony, previously has not been through	3660
intervention in lieu of conviction under this section or any	3661
similar regimen, and is charged with a felony for which the	3662
court, upon conviction, would impose sentence under division	3663
(B)(2)(b) of section 2929.13 of the Revised Code or with a	3664
misdemeanor.	3665

(2) The offense is not a felony of the first, second, or	3666
third degree, is not an offense of violence, is not a violation of	3667
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	3668
not a violation of division (A)(1) of section 2903.08 of the	3669
Revised Code, is not a violation of division (A) of section	3670
4511.19 of the Revised Code or a municipal ordinance that is	3671
substantially similar to that division, and is not an offense for	3672
which a sentencing court is required to impose a mandatory prison	3673
term, a mandatory term of local incarceration, or a mandatory term	3674
of imprisonment in a jail.	3675

(3) The offender is not charged with a violation of section	3676
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	3677
not charged with a violation of section 2925.11 of the Revised	3678
Code that is a felony of the first, second, or third degree.	3679

(4) The offender is not charged with a violation of section	3680
2925.11 of the Revised Code that is a felony of the fourth degree,	3681
or the offender is charged with a violation of that section that	3682
is a felony of the fourth degree and the prosecutor in the case	3683
has recommended that the offender be classified as being eligible	3684
for intervention in lieu of conviction under this section.	3685

(5) The offender has been assessed by an appropriately	3686
licensed provider, certified facility, or licensed and	3687
credentialed professional, including, but not limited to, a	3688
program licensed by the department of alcohol and drug addiction	3689
services pursuant to section 3793.11 of the Revised Code, a	3690
program certified by that department pursuant to section 3793.06	3691
of the Revised Code, a public or private hospital, the United	3692
States department of veterans affairs, another appropriate agency	3693
of the government of the United States, or a licensed physician,	3694
psychiatrist, psychologist, independent social worker,	3695
professional counselor, or chemical dependency counselor for the	3696
purpose of determining the offender's eligibility for intervention	3697
in lieu of conviction and recommending an appropriate intervention	3698
plan.	3699

(6) The offender's drug or alcohol usage was a factor leading	3700
to the criminal offense with which the offender is charged,	3701
intervention in lieu of conviction would not demean the	3702
seriousness of the offense, and intervention would substantially	3703
reduce the likelihood of any future criminal activity.	3704

(7) The alleged victim of the offense was not sixty-five	3705
years of age or older, permanently and totally disabled, under	3706
thirteen years of age, or a peace officer engaged in the officer's	3707
official duties at the time of the alleged offense.	3708

(8) If the offender is charged with a violation of section	3709
2925.24 of the Revised Code, the alleged violation did not result	3710
in physical harm to any person, and the offender previously has	3711
not been treated for drug abuse.	3712

(9) The offender is willing to comply with all terms and	3713
conditions imposed by the court pursuant to division (D) of this	3714
section.	3715

(C) At the conclusion of a hearing held pursuant to division	3716
(A) of this section, the court shall enter its determination as to	3717
whether the offender is eligible for intervention in lieu of	3718
conviction and as to whether to grant the offender's request. If	3719
the court finds under division (B) of this section that the	3720
offender is eligible for intervention in lieu of conviction and	3721
grants the offender's request, the court shall accept the	3722
offender's plea of guilty and waiver of the defendant's right to a	3723
speedy trial, the preliminary hearing, the time period within	3724
which the grand jury may consider an indictment against the	3725
offender, and arraignment, unless the hearing, indictment, or	3726
arraignment has already occurred. In addition, the court then may	3727
stay all criminal proceedings and order the offender to comply	3728
with all terms and conditions imposed by the court pursuant to	3729
division (D) of this section. If the court finds that the offender	3730
is not eligible or does not grant the offender's request, the	3731
criminal proceedings against the offender shall proceed as if the	3732
offender's request for intervention in lieu of conviction had not	3733
been made.	3734

(D) If the court grants an offender's request for	3735
intervention in lieu of conviction, the court shall place the	3736
offender under the general control and supervision of the county	3737
probation department, the adult parole authority, or another	3738
appropriate local probation or court services agency, if one	3739
exists, as if the offender was subject to a community control	3740
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	3741
Revised Code. The court shall establish an intervention plan for	3742
the offender. The terms and conditions of the intervention plan	3743
shall require the offender, for at least one year from the date on	3744
which the court grants the order of intervention in lieu of	3745
conviction, to abstain from the use of illegal drugs and alcohol,	3746
to participate in treatment and recovery support services, and to	3747
submit to regular random testing for drug and alcohol use and may	3748
include any other treatment terms and conditions, or terms and	3749
conditions similar to community control sanctions, which may	3750
include community service or restitution, that are ordered by the	3751
court.	3752

(E) If the court grants an offender's request for	3753
intervention in lieu of conviction and the court finds that the	3754
offender has successfully completed the intervention plan for the	3755
offender, including the requirement that the offender abstain from	3756
using drugs and alcohol for a period of at least one year from the	3757
date on which the court granted the order of intervention in lieu	3758
of conviction and all other terms and conditions ordered by the	3759
court, the court shall dismiss the proceedings against the	3760
offender. Successful completion of the intervention plan and	3761
period of abstinence under this section shall be without	3762
adjudication of guilt and is not a criminal conviction for	3763
purposes of any disqualification or disability imposed by law and	3764
upon conviction of a crime, and the court may order the sealing of	3765
records related to the offense in question in the manner provided	3766
in sections 2953.31 to 2953.36 of the Revised Code.	3767

(F) If the court grants an offender's request for	3768
intervention in lieu of conviction and the offender fails to	3769
comply with any term or condition imposed as part of the	3770
intervention plan for the offender, the supervising authority for	3771
the offender promptly shall advise the court of this failure, and	3772
the court shall hold a hearing to determine whether the offender	3773
failed to comply with any term or condition imposed as part of the	3774
plan. If the court determines that the offender has failed to	3775
comply with any of those terms and conditions, it shall enter a	3776
finding of guilty and shall impose an appropriate sanction under	3777
Chapter 2929. of the Revised Code. If the court sentences the	3778
offender to a prison term, the court, after consulting with the	3779
department of rehabilitation and correction regarding the	3780
availability of services, may order continued court-supervised	3781
activity and treatment of the offender during the prison term and,	3782
upon consideration of reports received from the department	3783
concerning the offender's progress in the program of activity and	3784
treatment, may consider judicial release under section 2929.20 of	3785
the Revised Code.	3786

(G) As used in this section:

3787

(1) "Community control sanction" has the same meaning as in	3788
section 2929.01 of the Revised Code.	3789

(2) "Intervention in lieu of conviction" means any	3790
court-supervised activity that complies with this section.	3791

(3) "Peace officer" has the same meaning as in section	3792
2935.01 of the Revised Code.	3793

Sec. 2953.08.  (A) In addition to any other right to appeal	3794
and except as provided in division (D) of this section, a	3795
defendant who is convicted of or pleads guilty to a felony may	3796
appeal as a matter of right the sentence imposed upon the	3797
defendant on one of the following grounds:	3798

(1) The sentence consisted of or included the maximum prison	3799
term allowed for the offense by division (A) of section 2929.14 or	3800
section 2929.142 of the Revised Code, the sentence was not imposed	3801
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	3802
Code, the maximum prison term was not required for the offense	3803
pursuant to Chapter 2925. or any other provision of the Revised	3804
Code, and the court imposed the sentence under one of the	3805
following circumstances:	3806

(a) The sentence was imposed for only one offense.

3807

(b) The sentence was imposed for two or more offenses arising	3808
out of a single incident, and the court imposed the maximum prison	3809
term for the offense of the highest degree.	3810

(2) The sentence consisted of or included a prison term, the	3811
offense for which it was imposed is a felony of the fourth or	3812
fifth degree or is a felony drug offense that is a violation of a	3813
provision of Chapter 2925. of the Revised Code and that is	3814
specified as being subject to division (B) of section 2929.13 of	3815
the Revised Code for purposes of sentencing, and the court did not	3816
specify at sentencing that it found one or more factors specified	3817
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	3818
Code to apply relative to the defendant. If the court specifies	3819
that it found one or more of those factors to apply relative to	3820
the defendant, the defendant is not entitled under this division	3821
to appeal as a matter of right the sentence imposed upon the	3822
offender.	3823

(3) The person was convicted of or pleaded guilty to a	3824
violent sex offense or a designated homicide, assault, or	3825
kidnapping offense, was adjudicated a sexually violent predator in	3826
relation to that offense, and was sentenced pursuant to division	3827
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	3828
of the indefinite term imposed pursuant to division (A)(3) of	3829
section 2971.03 of the Revised Code is the longest term available	3830
for the offense from among the range of terms listed in section	3831
2929.14 of the Revised Code. As used in this division, "designated	3832
homicide, assault, or kidnapping offense" and "violent sex	3833
offense" have the same meanings as in section 2971.01 of the	3834
Revised Code. As used in this division, "adjudicated a sexually	3835
violent predator" has the same meaning as in section 2929.01 of	3836
the Revised Code, and a person is "adjudicated a sexually violent	3837
predator" in the same manner and the same circumstances as are	3838
described in that section.	3839

(4) The sentence is contrary to law.

3840

(5) The sentence consisted of an additional prison term of	3841
ten years imposed pursuant to division (D)(2)(a) of section	3842
2929.14 of the Revised Code.	3843

(6) The sentence consisted of an additional prison term of	3844
ten years imposed pursuant to division (D)(3)(b) of section	3845
2929.14 of the Revised Code.	3846

(B) In addition to any other right to appeal and except as	3847
provided in division (D) of this section, a prosecuting attorney,	3848
a city director of law, village solicitor, or similar chief legal	3849
officer of a municipal corporation, or the attorney general, if	3850
one of those persons prosecuted the case, may appeal as a matter	3851
of right a sentence imposed upon a defendant who is convicted of	3852
or pleads guilty to a felony or, in the circumstances described in	3853
division (B)(3) of this section the modification of a sentence	3854
imposed upon such a defendant, on any of the following grounds:	3855

(1) The sentence did not include a prison term despite a	3856
presumption favoring a prison term for the offense for which it	3857
was imposed, as set forth in section 2929.13 or Chapter 2925. of	3858
the Revised Code.	3859

(2) The sentence is contrary to law.

3860

(3) The sentence is a modification under section 2929.20 of	3861
the Revised Code of a sentence that was imposed for a felony of	3862
the first or second degree.	3863

(C)(1) In addition to the right to appeal a sentence granted	3864
under division (A) or (B) of this section, a defendant who is	3865
convicted of or pleads guilty to a felony may seek leave to appeal	3866
a sentence imposed upon the defendant on the basis that the	3867
sentencing judge has imposed consecutive sentences under division	3868
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	3869
consecutive sentences exceed the maximum prison term allowed by	3870
division (A) of that section for the most serious offense of which	3871
the defendant was convicted. Upon the filing of a motion under	3872
this division, the court of appeals may grant leave to appeal the	3873
sentence if the court determines that the allegation included as	3874
the basis of the motion is true.	3875

(2) A defendant may seek leave to appeal an additional	3876
sentence imposed upon the defendant pursuant to division (D)(2)(a)	3877
or (b) of section 2929.14 of the Revised Code if the additional	3878
sentence is for a definite prison term that is longer than five	3879
years.	3880

(D)(1) A sentence imposed upon a defendant is not subject to	3881
review under this section if the sentence is authorized by law,	3882
has been recommended jointly by the defendant and the prosecution	3883
in the case, and is imposed by a sentencing judge.	3884

(2) Except as provided in division (C)(2) of this section, a	3885
sentence imposed upon a defendant is not subject to review under	3886
this section if the sentence is imposed pursuant to division	3887
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	3888
otherwise provided in this division, a defendant retains all	3889
rights to appeal as provided under this chapter or any other	3890
provision of the Revised Code. A defendant has the right to appeal	3891
under this chapter or any other provision of the Revised Code the	3892
court's application of division (D)(2)(c) of section 2929.14 of	3893
the Revised Code.	3894

(3) A sentence imposed for aggravated murder or murder	3895
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	3896
subject to review under this section.	3897

(E) A defendant, prosecuting attorney, city director of law,	3898
village solicitor, or chief municipal legal officer shall file an	3899
appeal of a sentence under this section to a court of appeals	3900
within the time limits specified in Rule 4(B) of the Rules of	3901
Appellate Procedure, provided that if the appeal is pursuant to	3902
division (B)(3) of this section, the time limits specified in that	3903
rule shall not commence running until the court grants the motion	3904
that makes the sentence modification in question. A sentence	3905
appeal under this section shall be consolidated with any other	3906
appeal in the case. If no other appeal is filed, the court of	3907
appeals may review only the portions of the trial record that	3908
pertain to sentencing.	3909

(F) On the appeal of a sentence under this section, the	3910
record to be reviewed shall include all of the following, as	3911
applicable:	3912

(1) Any presentence, psychiatric, or other investigative	3913
report that was submitted to the court in writing before the	3914
sentence was imposed. An appellate court that reviews a	3915
presentence investigation report prepared pursuant to section	3916
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	3917
connection with the appeal of a sentence under this section shall	3918
comply with division (D)(3) of section 2951.03 of the Revised Code	3919
when the appellate court is not using the presentence	3920
investigation report, and the appellate court's use of a	3921
presentence investigation report of that nature in connection with	3922
the appeal of a sentence under this section does not affect the	3923
otherwise confidential character of the contents of that report as	3924
described in division (D)(1) of section 2951.03 of the Revised	3925
Code and does not cause that report to become a public record, as	3926
defined in section 149.43 of the Revised Code, following the	3927
appellate court's use of the report.	3928

(2) The trial record in the case in which the sentence was	3929
imposed;	3930

(3) Any oral or written statements made to or by the court at	3931
the sentencing hearing at which the sentence was imposed;	3932

(4) Any written findings that the court was required to make	3933
in connection with the modification of the sentence pursuant to a	3934
judicial release under division (H)(I) of section 2929.20 of the	3935
Revised Code.	3936

(G)(1) If the sentencing court was required to make the	3937
findings required by division (B) or (D) of section 2929.13,	3938
division (D)(2)(e) or (E)(4) of section 2929.14, or division	3939
(H)(I) of section 2929.20 of the Revised Code relative to the	3940
imposition or modification of the sentence, and if the sentencing	3941
court failed to state the required findings on the record, the	3942
court hearing an appeal under division (A), (B), or (C) of this	3943
section shall remand the case to the sentencing court and instruct	3944
the sentencing court to state, on the record, the required	3945
findings.	3946

(2) The court hearing an appeal under division (A), (B), or	3947
(C) of this section shall review the record, including the	3948
findings underlying the sentence or modification given by the	3949
sentencing court.	3950

The appellate court may increase, reduce, or otherwise modify	3951
a sentence that is appealed under this section or may vacate the	3952
sentence and remand the matter to the sentencing court for	3953
resentencing. The appellate court's standard for review is not	3954
whether the sentencing court abused its discretion. The appellate	3955
court may take any action authorized by this division if it	3956
clearly and convincingly finds either of the following:	3957

(a) That the record does not support the sentencing court's	3958
findings under division (B) or (D) of section 2929.13, division	3959
(D)(2)(e) or (E)(4) of section 2929.14, or division (H)(I) of	3960
section 2929.20 of the Revised Code, whichever, if any, is	3961
relevant;	3962

(b) That the sentence is otherwise contrary to law.

3963

(H) A judgment or final order of a court of appeals under	3964
this section may be appealed, by leave of court, to the supreme	3965
court.	3966

(I)(1) There is hereby established the felony sentence appeal	3967
cost oversight committee, consisting of eight members. One member	3968
shall be the chief justice of the supreme court or a	3969
representative of the court designated by the chief justice, one	3970
member shall be a member of the senate appointed by the president	3971
of the senate, one member shall be a member of the house of	3972
representatives appointed by the speaker of the house of	3973
representatives, one member shall be the director of budget and	3974
management or a representative of the office of budget and	3975
management designated by the director, one member shall be a judge	3976
of a court of appeals, court of common pleas, municipal court, or	3977
county court appointed by the chief justice of the supreme court,	3978
one member shall be the state public defender or a representative	3979
of the office of the state public defender designated by the state	3980
public defender, one member shall be a prosecuting attorney	3981
appointed by the Ohio prosecuting attorneys association, and one	3982
member shall be a county commissioner appointed by the county	3983
commissioners association of Ohio. No more than three of the	3984
appointed members of the committee may be members of the same	3985
political party.	3986

The president of the senate, the speaker of the house of	3987
representatives, the chief justice of the supreme court, the Ohio	3988
prosecuting attorneys association, and the county commissioners	3989
association of Ohio shall make the initial appointments to the	3990
committee of the appointed members no later than ninety days after	3991
July 1, 1996. Of those initial appointments to the committee, the	3992
members appointed by the speaker of the house of representatives	3993
and the Ohio prosecuting attorneys association shall serve a term	3994
ending two years after July 1, 1996, the member appointed by the	3995
chief justice of the supreme court shall serve a term ending three	3996
years after July 1, 1996, and the members appointed by the	3997
president of the senate and the county commissioners association	3998
of Ohio shall serve terms ending four years after July 1, 1996.	3999
Thereafter, terms of office of the appointed members shall be for	4000
four years, with each term ending on the same day of the same	4001
month as did the term that it succeeds. Members may be	4002
reappointed. Vacancies shall be filled in the same manner provided	4003
for original appointments. A member appointed to fill a vacancy	4004
occurring prior to the expiration of the term for which that	4005
member's predecessor was appointed shall hold office as a member	4006
for the remainder of the predecessor's term. An appointed member	4007
shall continue in office subsequent to the expiration date of that	4008
member's term until that member's successor takes office or until	4009
a period of sixty days has elapsed, whichever occurs first.	4010

If the chief justice of the supreme court, the director of	4011
the office of budget and management, or the state public defender	4012
serves as a member of the committee, that person's term of office	4013
as a member shall continue for as long as that person holds office	4014
as chief justice, director of the office of budget and management,	4015
or state public defender. If the chief justice of the supreme	4016
court designates a representative of the court to serve as a	4017
member, the director of budget and management designates a	4018
representative of the office of budget and management to serve as	4019
a member, or the state public defender designates a representative	4020
of the office of the state public defender to serve as a member,	4021
the person so designated shall serve as a member of the commission	4022
for as long as the official who made the designation holds office	4023
as chief justice, director of the office of budget and management,	4024
or state public defender or until that official revokes the	4025
designation.	4026

The chief justice of the supreme court or the representative	4027
of the supreme court appointed by the chief justice shall serve as	4028
chairperson of the committee. The committee shall meet within two	4029
weeks after all appointed members have been appointed and shall	4030
organize as necessary. Thereafter, the committee shall meet at	4031
least once every six months or more often upon the call of the	4032
chairperson or the written request of three or more members,	4033
provided that the committee shall not meet unless moneys have been	4034
appropriated to the judiciary budget administered by the supreme	4035
court specifically for the purpose of providing financial	4036
assistance to counties under division (I)(2) of this section and	4037
the moneys so appropriated then are available for that purpose.	4038

The members of the committee shall serve without	4039
compensation, but, if moneys have been appropriated to the	4040
judiciary budget administered by the supreme court specifically	4041
for the purpose of providing financial assistance to counties	4042
under division (I)(2) of this section, each member shall be	4043
reimbursed out of the moneys so appropriated that then are	4044
available for actual and necessary expenses incurred in the	4045
performance of official duties as a committee member.	4046

(2) The state criminal sentencing commission periodically	4047
shall provide to the felony sentence appeal cost oversight	4048
committee all data the commission collects pursuant to division	4049
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	4050
data from the state criminal sentencing commission, the felony	4051
sentence appeal cost oversight committee periodically shall review	4052
the data; determine whether any money has been appropriated to the	4053
judiciary budget administered by the supreme court specifically	4054
for the purpose of providing state financial assistance to	4055
counties in accordance with this division for the increase in	4056
expenses the counties experience as a result of the felony	4057
sentence appeal provisions set forth in this section or as a	4058
result of a postconviction relief proceeding brought under	4059
division (A)(2) of section 2953.21 of the Revised Code or an	4060
appeal of a judgment in that proceeding; if it determines that any	4061
money has been so appropriated, determine the total amount of	4062
moneys that have been so appropriated specifically for that	4063
purpose and that then are available for that purpose; and develop	4064
a recommended method of distributing those moneys to the counties.	4065
The committee shall send a copy of its recommendation to the	4066
supreme court. Upon receipt of the committee's recommendation, the	4067
supreme court shall distribute to the counties, based upon that	4068
recommendation, the moneys that have been so appropriated	4069
specifically for the purpose of providing state financial	4070
assistance to counties under this division and that then are	4071
available for that purpose.	4072

Sec. 2953.13.  When a defendant has been committed to a state	4073
correctional institution and the judgment, by virtue of which the	4074
commitment was made, is reversed on appeal, and the defendant is	4075
entitled to his discharge or a new trial, or when the case is	4076
remanded to the trial court for any reason, the clerk of the court	4077
reversing the judgment or remanding the case, under the seal	4078
thereofof the court, shall forthwith certify saidthe reversal or	4079
remand to the warden of the state correctional institution.	4080

The warden, on receipt of the certificate, if a discharge of	4081
the defendant is ordered, shall forthwith discharge himthe	4082
defendant from the state correctional institution.	4083

If a new trial is ordered or the case is remanded, the warden	4084
shall forthwith cause the defendant to be conveyed to the jail of	4085
the county in which hethe defendant was convicted, and committed	4086
to the custody of the sheriff thereofof that county.	4087

Sec. 2967.03.  The adult parole authority may exercise its	4088
functions and duties in relation to the pardon, commutation of	4089
sentence, or reprieve of a convict upon direction of the governor	4090
or upon its own initiative. It may exercise its functions and	4091
duties in relation to the parole of a prisoner who is eligible for	4092
parole upon the initiative of the head of the institution in which	4093
the prisoner is confined or upon its own initiative. When a	4094
prisoner becomes eligible for parole, the head of the institution	4095
in which the prisoner is confined shall notify the authority in	4096
the manner prescribed by the authority. The authority may	4097
investigate and examine, or cause the investigation and	4098
examination of, prisoners confined in state correctional	4099
institutions concerning their conduct in the institutions, their	4100
mental and moral qualities and characteristics, their knowledge of	4101
a trade or profession, their former means of livelihood, their	4102
family relationships, and any other matters affecting their	4103
fitness to be at liberty without being a threat to society.	4104

The authority may recommend to the governor the pardon,	4105
commutation of sentence, medical release, or reprieve of any	4106
convict or prisoner or grant a parole to any prisoner for whom	4107
parole is authorized, if in its judgment there is reasonable	4108
ground to believe that granting a pardon, commutation, medical	4109
release, or reprieve to the convict or paroling the prisoner would	4110
further the interests of justice and be consistent with the	4111
welfare and security of society. However, the authority shall not	4112
recommend a pardon or, commutation of sentence, or medical release	4113
of, or grant a parole to, any convict or prisoner until the	4114
authority has complied with the applicable notice requirements of	4115
sections 2930.16 and 2967.12 of the Revised Code and until it has	4116
considered any statement made by a victim or a victim's	4117
representative that is relevant to the convict's or prisoner's	4118
case and that was sent to the authority pursuant to section	4119
2930.17 of the Revised Code, any other statement made by a victim	4120
or a victim's representative that is relevant to the convict's or	4121
prisoner's case and that was received by the authority after it	4122
provided notice of the pendency of the action under sections	4123
2930.16 and 2967.12 of the Revised Code, and any written statement	4124
of any person submitted to the court pursuant to division (H)(G)	4125
of section 2967.12 of the Revised Code. If a victim, victim's	4126
representative, or the victim's spouse, parent, sibling, or child	4127
appears at a full board hearing of the parole board and gives	4128
testimony as authorized by section 5149.101 of the Revised Code,	4129
the authority shall consider the testimony in determining whether	4130
to grant a parole. The trial judge and prosecuting attorney of the	4131
trial court in which a person was convicted shall furnish to the	4132
authority, at the request of the authority, a summarized statement	4133
of the facts proved at the trial and of all other facts having	4134
reference to the propriety of recommending a pardon or,	4135
commutation, or medical release, or granting a parole, together	4136
with a recommendation for or against a pardon, commutation,	4137
medical release, or parole, and the reasons for the	4138
recommendation. The trial judge, the prosecuting attorney,	4139
specified law enforcement agency members, and a representative of	4140
the prisoner may appear at a full board hearing of the parole	4141
board and give testimony in regard to the grant of a parole to the	4142
prisoner as authorized by section 5149.101 of the Revised Code.	4143
All state and local officials shall furnish information to the	4144
authority, when so requested by it in the performance of its	4145
duties.	4146

The adult parole authority shall exercise its functions and	4147
duties in relation to the release of prisoners who are serving a	4148
stated prison term in accordance with section 2967.28 of the	4149
Revised Code.	4150

Sec. 2967.05. (A) As used in this section:

4151

(1) "Imminent danger of death" means that the inmate has a	4152
medically diagnosable condition that will cause death to occur	4153
within a short period of time.	4154

As used in division (A)(1) of this section, "within a short	4155
period of time" means generally within six months.	4156

(2)(a) "Medically incapacitated" means any diagnosable	4157
medical condition, including mental dementia and severe, permanent	4158
medical or cognitive disability, that prevents the inmate from	4159
completing activities of daily living without significant	4160
assistance, that incapacitates the inmate to the extent that	4161
institutional confinement does not offer additional restrictions,	4162
that is likely to continue throughout the entire period of parole,	4163
and that is unlikely to improve noticeably.	4164

(b) "Medically incapacitated" does not include conditions	4165
related solely to mental illness unless the mental illness is	4166
accompanied by injury, disease, or organic defect.	4167

(3)(a) "Terminal illness" means a condition that satisfies	4168
all of the following criteria:	4169

(i) The condition is irreversible and incurable and is caused	4170
by disease, illness, or injury from which the inmate is unlikely	4171
to recover.	4172

(ii) In accordance with reasonable medical standards and a	4173
reasonable degree of medical certainty, the condition is likely to	4174
cause death to the inmate within twelve months.	4175

(iii) Institutional confinement of the inmate does not offer	4176
additional protections for public safety or against the inmate's	4177
risk to reoffend.	4178

(b) The department of rehabilitation and correction shall	4179
adopt rules pursuant to Chapter 119. of the Revised Code to	4180
implement the definition of "terminal illness" in division	4181
(A)(3)(a) of this section.	4182

(B) Upon the recommendation of the director of	4183
rehabilitation and correction, accompanied by a certificate of the	4184
attending physician that a prisoner or convictan inmate is	4185
terminally ill, medically incapacitated, or in imminent danger of	4186
death, the governor may order histhe inmate's release as if on	4187
parole, reserving the right to return himthe inmate to the	4188
institution pursuant to this section. If, subsequent to histhe	4189
inmate's release, histhe inmate's health improves so that hethe	4190
inmate is no longer terminally ill, medically incapacitated, or in	4191
imminent danger of death, hethe inmate shall be returned, by	4192
order of the governor, to the institution from which hethe	4193
inmate was released. If hethe inmate violates any rules or	4194
conditions applicable to him, hethe inmate, the inmate may be	4195
returned to an institution under the control of the department of	4196
rehabilitation and correction. The governor may direct the adult	4197
parole authority to investigate or cause to be investigated the	4198
inmate and make a recommendation in the manner set forth in	4199
section 2967.03 of the Revised Code. An inmate released under	4200
this section shall be subject to supervision by the adult parole	4201
authority in accordance with any recommendation of the adult	4202
parole authority that is approved by the governor. The adult	4203
parole authority shall adopt rules pursuant to section 119.03 of	4204
the Revised Code to establish the procedure for medical release	4205
of an inmate when an inmate is terminally ill, medically	4206
incapacitated, or in imminent danger of death.	4207

(C) No inmate is eligible for release under this section if	4208
the inmate is serving a death sentence, a sentence of life without	4209
parole, a sentence under Chapter 2971. of the Revised Code for a	4210
felony of the first or second degree, a sentence for aggravated	4211
murder or murder, or a mandatory prison term for an offense of	4212
violence or any specification described in Chapter 2941. of the	4213
Revised Code.	4214

Sec. 2967.12.  (A) Except as provided in division (G) of this	4215
section, at least three weeks before the adult parole authority	4216
recommends any pardon or commutation of sentence, or grants any	4217
parole, the authority shall sendprovide a notice of the pendency	4218
of the pardon, commutation, or parole, setting forth the name of	4219
the person on whose behalf it is made, the offense of which the	4220
person was convicted or to which the person pleaded guilty, the	4221
time of conviction or the guilty plea, and the term of the	4222
person's sentence, to the prosecuting attorney and the judge of	4223
the court of common pleas of the county in which the indictment	4224
against the person was found. If there is more than one judge of	4225
that court of common pleas, the authority shall sendprovide the	4226
notice to the presiding judge. The department of rehabilitation	4227
and correction may utilize electronic means to provide this	4228
notice. The department of rehabilitation and correction, at the	4229
same time that it provides the notice to the prosecuting attorney	4230
and judge under this division, also shall post on the database it	4231
maintains pursuant to section 5120.66 of the Revised Code the	4232
offender's name and all of the information specified in division	4233
(A)(1)(c)(iii) of that section.	4234

(B) If a request for notification has been made pursuant to	4235
section 2930.16 of the Revised Code, the office of victim services	4236
or the adult parole authority also shall giveprovide notice to	4237
the victim or the victim's representative at least three weeks	4238
prior to recommending any pardon or commutation of sentence for,	4239
or granting any parole to, the person. The authority shall	4240
provide the notice at the same time as the notice required by	4241
division (A) of this section and shall include in the notice the	4242
information required to be set forth in that noticeby division	4243
(A) of this section and may be provided by telephone or through	4244
electronic means. The notice also shall inform the victim or the	4245
victim's representative that the victim or representative may	4246
send a written statement relative to the victimization and the	4247
pending action to the adult parole authority and that, if the	4248
authority receives any written statement prior to recommending a	4249
pardon or commutation or granting a parole for a person, the	4250
authority will consider the statement before it recommends a	4251
pardon or commutation or grants a parole. If the person is being	4252
considered for parole, the notice shall inform the victim or the	4253
victim's representative that a full board hearing of the parole	4254
board may be held and that the victim or victim's representative	4255
may contact the office of victims' services for further	4256
information. If the person being considered for parole was	4257
convicted of or pleaded guilty to violating section 2903.01 or	4258
2903.02 of the Revised Code, the notice shall inform the victim	4259
of that offense, the victim's representative, or a member of the	4260
victim's immediate family that the victim, the victim's	4261
representative, and the victim's immediate family have the right	4262
to give testimony at a full board hearing of the parole board and	4263
that the victim or victim's representative may contact the office	4264
of victims' services for further information. As used in this	4265
division, "the victim's immediate family" means the mother,	4266
father, spouse, sibling, or child of the victim.	4267

(C) When notice of the pendency of any pardon, commutation of	4268
sentence, or parole has been givenprovided to a judge or	4269
prosecutor or posted on the database as providedrequired in	4270
division (A) of this section and a hearing on the pardon,	4271
commutation, or parole is continued to a date certain, the	4272
authority shall provide notice of the further consideration of	4273
the pardon, commutation, or parole at least ten daysthree weeks	4274
before the further consideration. The notice of the further	4275
consideration shall be provided to the proper judge and	4276
prosecuting attorney by mail at least ten daysthree weeks before	4277
the further consideration, and may be provided using electronic	4278
means, and, if the initial notice was posted on the database as	4279
provided in division (A) of this section, the notice of the	4280
further consideration shall be posted on the database at least	4281
ten daysthree weeks before the further consideration. When notice	4282
of the pendency of any pardon, commutation, or parole has been	4283
given as provided in division (B) of this section and the hearing	4284
on it is continued to a date certain, the authority shall give	4285
notice of the further consideration to the victim or the victim's	4286
representative in accordance with section 2930.03 of the Revised	4287
Code.	4288

(D) In case of an application for the pardon or commutation	4289
of sentence of a person sentenced to capital punishment, the	4290
governor may modify the requirements of notification and	4291
publication if there is not sufficient time for compliance with	4292
the requirements before the date fixed for the execution of	4293
sentence.	4294

(E) If an offender is serving a prison term imposed under	4295
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	4296
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	4297
Code and if the parole board terminates its control over the	4298
offender's service of that term pursuant to section 2971.04 of	4299
the Revised Code, the parole board immediately shall provide	4300
written notice of its termination of control or the transfer of	4301
control to the entities and persons specified in section 2971.04	4302
of the Revised Code.	4303

(F) The failure of the adult parole authority to comply with	4304
the notice or posting provisions of division (A), (B), or (C) of	4305
this section or the failure of the parole board to comply with the	4306
notice provisions of division (E) of this section do not give any	4307
rights or any grounds for appeal or post-conviction relief to the	4308
person serving the sentence.	4309

(G) Divisions (A), (B), and (C) of this section do not apply	4310
to any release of a person that is of the type described in	4311
division (B)(2)(b) of section 5120.031 of the Revised Code.	4312

(H) In addition to and independent of the right of a victim	4313
to make a statement as described in division (A) of this section	4314
or pursuant to section 2930.17 of the Revised Code or to otherwise	4315
make a statement, the authority for a judge or prosecuting	4316
attorney to furnish statements and information, make	4317
recommendations, and give testimony as described in division (A)	4318
of this section, the right of a prosecuting attorney, judge, or	4319
victim to give testimony or submit a statement at a full parole	4320
board hearing pursuant to section 5149.101 of the Revised Code,	4321
and any other right or duty of a person to present information or	4322
make a statement, any person may send to the adult parole	4323
authority at any time prior to the authority's recommending a	4324
pardon or commutation or granting a parole for the offender a	4325
written statement relative to the offense and the pending action.	4326

Sec. 2967.121.  (A) Subject to division (C) of this section,	4327
at least two weeks before any convict who is serving a sentence	4328
for committing a felony of the first, second, or third degree is	4329
released from confinement in any state correctional institution	4330
pursuant to a pardon, commutation of sentence, parole, or	4331
completed prison term, the adult parole authority shall send	4332
provide notice of the release to the prosecuting attorney of the	4333
county in which the indictment of the convict was found.	4334

(B) The notice required by division (A) of this section may	4335
be contained in a weekly list of all felons of the first, second,	4336
or third degree who are scheduled for release. The notice shall	4337
contain all of the following:	4338

(1) The name of the convict being released;

4339

(2) The date of the convict's release;

4340

(3) The offense for the violation of which the convict was	4341
convicted and incarcerated;	4342

(4) The date of the convict's conviction pursuant to which	4343
the convict was incarcerated;	4344

(5) The sentence imposed for that conviction;

4345

(6) The length of any supervision that the convict will be	4346
under;	4347

(7) The name, business address, and business phone number of	4348
the convict's supervising officer;	4349

(8) The address at which the convict will reside.

4350

(C)(1) Divisions (A) and (B) of this section do not apply to	4351
the release from confinement of an offender if the offender is	4352
serving a prison term imposed under division (A)(3), (B)(1)(a),	4353
(b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or	4354
(d) of section 2971.03 of the Revised Code, if the court pursuant	4355
to section 2971.05 of the Revised Code modifies the requirement	4356
that the offender serve that entire term in a state correctional	4357
institution, and if the release from confinement is pursuant to	4358
that modification. In a case of that type, the court that modifies	4359
the requirement promptly shall provide written notice of the	4360
modification and the order that modifies the requirement or	4361
revises the modification to the offender, the department of	4362
rehabilitation and correction, the prosecuting attorney, and any	4363
state agency or political subdivision that is affected by the	4364
order.	4365

(2) Divisions (A) and (B) of this section do not apply to the	4366
release from confinement of an offender if, upon admission to the	4367
state correctional institution, the offender has less than	4368
fourteen days to serve on the sentence.	4369

Sec. 2967.141.  (A) As used in this section, "alternative	4370
residential facility" has the same meaning as in section 2929.01	4371
of the Revised Code.	4372

(B) The department of rehabilitation and correction, through	4373
its division of parole and community services, may operate or	4374
contract for the operation of one or more violation sanction	4375
centers as an alternative residential facility. A violation	4376
sanction center operated under authority of this division is not a	4377
prison within the meaning of division (BB) ofas defined in	4378
section 2929.01 of the Revised Code. A violation sanction center	4379
operated under authority of this division may be used for either	4380
of the following purposes:	4381

(1) Service of the term of a more restrictive post-release	4382
control sanction that the parole board, subsequent to a hearing,	4383
imposes pursuant to division (F)(2) of section 2967.28 of the	4384
Revised Code upon a releasee who has violated a post-release	4385
control sanction imposed upon the releasee under that section;	4386

(2) Service of a sanction that the adult parole authority or	4387
parole board imposes upon a parolee whom the authority determines	4388
to be a parole violator because of a violation of the terms and	4389
conditions of the parolee's parole or conditional pardon.	4390

(C) If a violation sanction center is established under the	4391
authority of this section, notwithstanding the fact that the	4392
center is an alternative residential facility for the purposes	4393
described in division (B) of this section, the center shall be	4394
used only for the purposes described in that division. A violation	4395
sanction center established under the authority of this section is	4396
not an alternative residential facility for the purpose of	4397
imposing sentence on an offender who is convicted of or pleads	4398
guilty to a felony, and a court that is sentencing an offender for	4399
a felony pursuant to sections 2929.11 to 2929.19 of the Revised	4400
Code shall not sentence the offender to a community residential	4401
sanction that requires the offender to serve a term in the center.	4402

(D) If a releasee is ordered to serve a sanction in a	4403
violation sanction center, as described in division (B)(1) of this	4404
section, all of the following apply:	4405

(1) The releasee shall not be considered to be under a new	4406
prison term for a violation of post-release control.	4407

(2) The time the releasee serves in the center shall not	4408
count toward, and shall not be considered in determining, the	4409
maximum cumulative prison term for all violations that is	4410
described in division (F)(3) of section 2967.28 of the Revised	4411
Code.	4412

(3) The time the releasee serves in the center shall count as	4413
part of, and shall be credited toward, the remaining period of	4414
post-release control that is applicable to the releasee.	4415

Sec. 2967.15.  (A) If an adult parole authority field officer	4416
has reasonable cause to believe that a person who is a parolee or	4417
releasee, who is under transitional control, or who is under	4418
another form of authorized release and who is under the	4419
supervision of the adult parole authority has violated or is	4420
violating the condition of a conditional pardon, parole, other	4421
form of authorized release, transitional control, or post-release	4422
control specified in division (A) of section 2967.131 of the	4423
Revised Code or any other term or condition of the person's	4424
conditional pardon, parole, other form of authorized release,	4425
transitional control, or post-release control, the field officer	4426
may arrest the person without a warrant or order a peace officer	4427
to arrest the person without a warrant. A person so arrested shall	4428
be confined in the jail of the county in which the person is	4429
arrested or in another facility designated by the chief of the	4430
adult parole authority until a determination is made regarding the	4431
person's release status. Upon making an arrest under this section,	4432
the arresting or supervising adult parole authority field officer	4433
promptly shall notify the superintendent of parole supervision or	4434
the superintendent's designee, in writing, that the person has	4435
been arrested and is in custody and submit an appropriate report	4436
of the reason for the arrest.	4437

(B) Except as otherwise provided in this division, prior to	4438
the revocation by the adult parole authority of a person's pardon,	4439
parole, transitional control, or other release and prior to the	4440
imposition by the parole board or adult parole authority of a new	4441
prison term as a post-release control sanction for a person, the	4442
adult parole authority shall grant the person a hearing in	4443
accordance with rules adopted by the department of rehabilitation	4444
and correction under Chapter 119. of the Revised Code. The adult	4445
parole authority is not required to grant the person a hearing if	4446
the person is convicted of or pleads guilty to an offense that the	4447
person committed while released on a pardon, on parole,	4448
transitional control, or another form of release, or on	4449
post-release control and upon which the revocation of the person's	4450
pardon, parole, transitional control, other release, or	4451
post-release control is based.	4452

If a person who has been pardoned is found to be a violator	4453
of the conditions of the parolee's conditional pardon or	4454
commutation of sentence, the authority forthwith shall transmit to	4455
the governor its recommendation concerning that violation, and the	4456
violator shall be retained in custody until the governor issues an	4457
order concerning that violation.	4458

If the authority fails to make a determination of the case of	4459
a parolee or releasee alleged to be a violator of the terms and	4460
conditions of the parolee's or releasee's conditional pardon,	4461
parole, other release, or post-release control sanctions within a	4462
reasonable time, the parolee or releasee shall be released from	4463
custody under the same terms and conditions of the parolee's or	4464
releasee's original conditional pardon, parole, other release, or	4465
post-release control sanctions.	4466

(C)(1) If a person who is a parolee or releasee, who is under	4467
transitional control, or who is under another form of authorized	4468
release under the supervision of the adult parole authority	4469
absconds from supervision, the supervising adult parole authority	4470
field officer shall report that fact to the superintendent of	4471
parole supervision, in writing, and the authority shall declare	4472
that person to be a violator at large. Upon being advised of the	4473
apprehension and availability for return of a violator at large,	4474
the superintendent of parole supervision shall determine whether	4475
the violator at large should be restored to parole, transitional	4476
control, another form of authorized release, or post-release	4477
control.	4478

The time between the date on which a person who is a parolee	4479
or other releasee is declared to be a violator or violator at	4480
large and the date on which that person is returned to custody in	4481
this state under the immediate control of the adult parole	4482
authority shall not be counted as time served under the sentence	4483
imposed on that person or as a part of the term of post-release	4484
control.	4485

(2) A person who is under transitional control or who is	4486
under any form of authorized release under the supervision of the	4487
adult parole authority is considered to be in custody while under	4488
the transitional control or on release, and, if the person	4489
absconds from supervision, the person may be prosecuted for the	4490
offense of escape.	4491

(D) A person who is a parolee or releasee, who is under	4492
transitional control, or who is under another form of authorized	4493
release under the supervision of the adult parole authority and	4494
who has violated a term or condition of the person's conditional	4495
pardon, parole, transitional control, other form of authorized	4496
release, or post-release control shall be declared to be a	4497
violator if the person is committed to a correctional institution	4498
outside the state to serve a sentence imposed upon the person by a	4499
federal court or a court of another state or if the person	4500
otherwise leaves the state.	4501

(E) As used in this section, "peace officer" has the same	4502
meaning as in section 2935.01 of the Revised Code.	4503

Sec. 2967.26.  (A)(1) The department of rehabilitation and	4504
correction, by rule, may establish a transitional control program	4505
for the purpose of closely monitoring a prisoner's adjustment to	4506
community supervision during the final one hundred eighty days of	4507
the prisoner's confinement. If the department establishes a	4508
transitional control program under this division, the adult parole	4509
authority may transfer eligible prisoners to transitional control	4510
status under the program during the final one hundred eighty days	4511
of their confinement and under the terms and conditions	4512
established by the department, shall provide for the confinement	4513
as provided in this division of each eligible prisoner so	4514
transferred, and shall supervise each eligible prisoner so	4515
transferred in one or more community control sanctions. Each	4516
eligible prisoner who is transferred to transitional control	4517
status under the program shall be confined in a suitable facility	4518
that is licensed pursuant to division (C) of section 2967.14 of	4519
the Revised Code, or shall be confined in a residence the	4520
department has approved for this purpose and be monitored pursuant	4521
to an electronic monitoring device, as defined in section 2929.01	4522
of the Revised Code. If the department establishes a transitional	4523
control program under this division, the rules establishing the	4524
program shall include criteria that define which prisoners are	4525
eligible for the program, criteria that must be satisfied to be	4526
approved as a residence that may be used for confinement under the	4527
program of a prisoner that is transferred to it and procedures for	4528
the department to approve residences that satisfy those criteria,	4529
and provisions of the type described in division (C) of this	4530
section. At a minimum, the criteria that define which prisoners	4531
are eligible for the program shall provide all of the following:	4532

(a) That a prisoner is eligible for the program if the	4533
prisoner is serving a prison term or term of imprisonment for an	4534
offense committed prior to March 17, 1998, and if, at the time at	4535
which eligibility is being determined, the prisoner would have	4536
been eligible for a furlough under this section as it existed	4537
immediately prior to March 17, 1998, or would have been eligible	4538
for conditional release under former section 2967.23 of the	4539
Revised Code as that section existed immediately prior to March	4540
17, 1998;	4541

(b) That no prisoner who is serving a mandatory prison term	4542
is eligible for the program until after expiration of the	4543
mandatory term;	4544

(c) That no prisoner who is serving a prison term or term of	4545
life imprisonment without parole imposed pursuant to section	4546
2971.03 of the Revised Code is eligible for the program.	4547

(2) At least three weeks prior to transferring to	4548
transitional control under this section a prisoner who is serving	4549
a term of imprisonment or prison term for an offense committed on	4550
or after July 1, 1996, the adult parole authority shall give	4551
notice of the pendency of the transfer to transitional control to	4552
the court of common pleas of the county in which the indictment	4553
against the prisoner was found and of the fact that the court may	4554
disapprove the transfer of the prisoner to transitional control	4555
and shall include a report prepared by the head of the state	4556
correctional institution in which the prisoner is confined. The	4557
head of the state correctional institution in which the prisoner	4558
is confined, upon the request of the adult parole authority, shall	4559
provide to the authority for inclusion in the notice sent to the	4560
court under this division a report on the prisoner's conduct in	4561
the institution and in any institution from which the prisoner may	4562
have been transferred. The report shall cover the prisoner's	4563
participation in school, vocational training, work, treatment, and	4564
other rehabilitative activities and any disciplinary action taken	4565
against the prisoner. If the court disapproves of the transfer of	4566
the prisoner to transitional control, the court shall notify the	4567
authority of the disapproval within thirty days after receipt of	4568
the notice. If the court timely disapproves the transfer of the	4569
prisoner to transitional control, the authority shall not proceed	4570
with the transfer. If the court does not timely disapprove the	4571
transfer of the prisoner to transitional control, the authority	4572
may transfer the prisoner to transitional control.	4573

(3) If the victim of an offense for which a prisoner was	4574
sentenced to a prison term or term of imprisonment has requested	4575
notification under section 2930.16 of the Revised Code and has	4576
provided the department of rehabilitation and correction with the	4577
victim's name and address, the adult parole authority, at least	4578
three weeks prior to transferring the prisoner to transitional	4579
control pursuant to this section, shall notify the victim of the	4580
pendency of the transfer and of the victim's right to submit a	4581
statement to the authority regarding the impact of the transfer of	4582
the prisoner to transitional control. If the victim subsequently	4583
submits a statement of that nature to the authority, the authority	4584
shall consider the statement in deciding whether to transfer the	4585
prisoner to transitional control.	4586

(4) The department of rehabilitation and correction, at least	4587
three weeks prior to a hearing to transfer thetransferring a	4588
prisoner to transitional control pursuant to this section, shall	4589
post on the database it maintains pursuant to section 5120.66 of	4590
the Revised Code the prisoner's name and all of the information	4591
specified in division (A)(1)(c)(iv) of that section. In addition	4592
to and independent of the right of a victim to submit a statement	4593
as described in division (A)(3) of this section or to otherwise	4594
make a statement and in addition to and independent of any other	4595
right or duty of a person to present information or make a	4596
statement, any person may send to the adult parole authority at	4597
any time prior to the authority's transfer of the prisoner to	4598
transitional control a written statement regarding the transfer of	4599
the prisoner to transitional control. In addition to the	4600
information, reports, and statements it considers under divisions	4601
(A)(2) and (3) of this section or that it otherwise considers, the	4602
authority shall consider each statement submitted in accordance	4603
with this division in deciding whether to transfer the prisoner to	4604
transitional control.	4605

(B) Each prisoner transferred to transitional control under	4606
this section shall be confined in the manner described in division	4607
(A) of this section during any period of time that the prisoner is	4608
not actually working at the prisoner's approved employment,	4609
engaged in a vocational training or another educational program,	4610
engaged in another program designated by the director, or engaged	4611
in other activities approved by the department.	4612

(C) The department of rehabilitation and correction shall	4613
adopt rules for transferring eligible prisoners to transitional	4614
control, supervising and confining prisoners so transferred,	4615
administering the transitional control program in accordance with	4616
this section, and using the moneys deposited into the transitional	4617
control fund established under division (E) of this section.	4618

(D) The department of rehabilitation and correction may adopt	4619
rules for the issuance of passes for the limited purposes	4620
described in this division to prisoners who are transferred to	4621
transitional control under this section. If the department adopts	4622
rules of that nature, the rules shall govern the granting of the	4623
passes and shall provide for the supervision of prisoners who are	4624
temporarily released pursuant to one of those passes. Upon the	4625
adoption of rules under this division, the department may issue	4626
passes to prisoners who are transferred to transitional control	4627
status under this section in accordance with the rules and the	4628
provisions of this division. All passes issued under this division	4629
shall be for a maximum of forty-eight hours and may be issued only	4630
for the following purposes:	4631

(1) To visit a relative in imminent danger of death;

4632

(2) To have a private viewing of the body of a deceased	4633
relative;	4634

(3) To visit with family;

4635

(4) To otherwise aid in the rehabilitation of the prisoner.

4636

(E) The adult parole authority may require a prisoner who is	4637
transferred to transitional control to pay to the division of	4638
parole and community services the reasonable expenses incurred by	4639
the division in supervising or confining the prisoner while under	4640
transitional control. Inability to pay those reasonable expenses	4641
shall not be grounds for refusing to transfer an otherwise	4642
eligible prisoner to transitional control. Amounts received by the	4643
division of parole and community services under this division	4644
shall be deposited into the transitional control fund, which is	4645
hereby created in the state treasury and which hereby replaces and	4646
succeeds the furlough services fund that formerly existed in the	4647
state treasury. All moneys that remain in the furlough services	4648
fund on March 17, 1998, shall be transferred on that date to the	4649
transitional control fund. The transitional control fund shall be	4650
used solely to pay costs related to the operation of the	4651
transitional control program established under this section. The	4652
director of rehabilitation and correction shall adopt rules in	4653
accordance with section 111.15 of the Revised Code for the use of	4654
the fund.	4655

(F) A prisoner who violates any rule established by the	4656
department of rehabilitation and correction under division (A),	4657
(C), or (D) of this section may be transferred to a state	4658
correctional institution pursuant to rules adopted under division	4659
(A), (C), or (D) of this section, but the prisoner shall receive	4660
credit towards completing the prisoner's sentence for the time	4661
spent under transitional control.	4662

If a prisoner is transferred to transitional control under	4663
this section, upon successful completion of the period of	4664
transitional control, the prisoner may be released on parole or	4665
under post-release control pursuant to section 2967.13 or 2967.28	4666
of the Revised Code and rules adopted by the department of	4667
rehabilitation and correction. If the prisoner is released under	4668
post-release control, the duration of the post-release control,	4669
the type of post-release control sanctions that may be imposed,	4670
the enforcement of the sanctions, and the treatment of prisoners	4671
who violate any sanction applicable to the prisoner are governed	4672
by section 2967.28 of the Revised Code.	4673

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

4674

(1) "Monitored time" means the monitored time sanction	4675
specified in section 2929.17 of the Revised Code.	4676

(2) "Deadly weapon" and "dangerous ordnance" have the same	4677
meanings as in section 2923.11 of the Revised Code.	4678

(3) "Felony sex offense" means a violation of a section	4679
contained in Chapter 2907. of the Revised Code that is a felony.	4680

(B) Each sentence to a prison term for a felony of the first	4681
degree, for a felony of the second degree, for a felony sex	4682
offense, or for a felony of the third degree that is not a felony	4683
sex offense and in the commission of which the offender caused or	4684
threatened to cause physical harm to a person shall include a	4685
requirement that the offender be subject to a period of	4686
post-release control imposed by the parole board after the	4687
offender's release from imprisonment. If a court imposes a	4688
sentence including a prison term of a type described in this	4689
division on or after the effective date of this amendmentJuly 11,	4690
2006, the failure of a sentencing court to notify the offender	4691
pursuant to division (B)(3)(c) of section 2929.19 of the Revised	4692
Code of this requirement or to include in the judgment of	4693
conviction entered on the journal a statement that the offender's	4694
sentence includes this requirement does not negate, limit, or	4695
otherwise affect the mandatory period of supervision that is	4696
required for the offender under this division. Section 2929.191 of	4697
the Revised Code applies if, prior to the effective date of this	4698
amendmentJuly 11, 2006, a court imposed a sentence including a	4699
prison term of a type described in this division and failed to	4700
notify the offender pursuant to division (B)(3)(c) of section	4701
2929.19 of the Revised Code regarding post-release control or to	4702
include in the judgment of conviction entered on the journal or in	4703
the sentence pursuant to division (F)(1) of section 2929.14 of the	4704
Revised Code a statement regarding post-release control. Unless	4705
reduced by the parole board pursuant to division (D) of this	4706
section when authorized under that division, a period of	4707
post-release control required by this division for an offender	4708
shall be of one of the following periods:	4709

(1) For a felony of the first degree or for a felony sex	4710
offense, five years;	4711

(2) For a felony of the second degree that is not a felony	4712
sex offense, three years;	4713

(3) For a felony of the third degree that is not a felony sex	4714
offense and in the commission of which the offender caused or	4715
threatened physical harm to a person, three years.	4716

(C) Any sentence to a prison term for a felony of the third,	4717
fourth, or fifth degree that is not subject to division (B)(1) or	4718
(3) of this section shall include a requirement that the offender	4719
be subject to a period of post-release control of up to three	4720
years after the offender's release from imprisonment, if the	4721
parole board, in accordance with division (D) of this section,	4722
determines that a period of post-release control is necessary for	4723
that offender. Section 2929.191 of the Revised Code applies if,	4724
prior to the effective date of this amendmentJuly 11, 2006, a	4725
court imposed a sentence including a prison term of a type	4726
described in this division and failed to notify the offender	4727
pursuant to division (B)(3)(d) of section 2929.19 of the Revised	4728
Code regarding post-release control or to include in the judgment	4729
of conviction entered on the journal or in the sentence pursuant	4730
to division (F)(2) of section 2929.14 of the Revised Code a	4731
statement regarding post-release control. Pursuant to an agreement	4732
entered into under section 2967.29 of the Revised Code, a court of	4733
common pleas or parole board may impose sanctions or conditions on	4734
an offender who is placed on post-release control under this	4735
division.	4736

(D)(1) Before the prisoner is released from imprisonment, the	4737
parole board or, pursuant to an agreement under section 2967.29 of	4738
the Revised Code, the court shall impose upon a prisoner described	4739
in division (B) of this section, may impose upon a prisoner	4740
described in division (C) of this section, and shall impose upon a	4741
prisoner described in division (B)(2)(b) of section 5120.031 or in	4742
division (B)(1) of section 5120.032 of the Revised Code, one or	4743
more post-release control sanctions to apply during the prisoner's	4744
period of post-release control. Whenever the board or court	4745
imposes one or more post-release control sanctions upon a	4746
prisoner, the board or court, in addition to imposing the	4747
sanctions, also shall include as a condition of the post-release	4748
control that the individual or felonoffender not leave the state	4749
without permission of the court or the individual's or felon's	4750
offender's parole or probation officer and that the individual or	4751
felonoffender abide by the law. The board or court may impose any	4752
other conditions of release under a post-release control sanction	4753
that the board or court considers appropriate, and the conditions	4754
of release may include any community residential sanction,	4755
community nonresidential sanction, or financial sanction that the	4756
sentencing court was authorized to impose pursuant to sections	4757
2929.16, 2929.17, and 2929.18 of the Revised Code. Prior to the	4758
release of a prisoner for whom it will impose one or more	4759
post-release control sanctions under this division, the parole	4760
board or court shall review the prisoner's criminal history, all	4761
juvenile court adjudications finding the prisoner, while a	4762
juvenile, to be a delinquent child, and the record of the	4763
prisoner's conduct while imprisoned. The parole board or court	4764
shall consider any recommendation regarding post-release control	4765
sanctions for the prisoner made by the office of victims'	4766
services. After considering those materials, the board or court	4767
shall determine, for a prisoner described in division (B) of this	4768
section, division (B)(2)(b) of section 5120.031, or division	4769
(B)(1) of section 5120.032 of the Revised Code, which post-release	4770
control sanction or combination of post-release control sanctions	4771
is reasonable under the circumstances or, for a prisoner described	4772
in division (C) of this section, whether a post-release control	4773
sanction is necessary and, if so, which post-release control	4774
sanction or combination of post-release control sanctions is	4775
reasonable under the circumstances. In the case of a prisoner	4776
convicted of a felony of the fourth or fifth degree other than a	4777
felony sex offense, the board or court shall presume that	4778
monitored time is the appropriate post-release control sanction	4779
unless the board or court determines that a more restrictive	4780
sanction is warranted. A post-release control sanction imposed	4781
under this division takes effect upon the prisoner's release from	4782
imprisonment.	4783

Regardless of whether the prisoner was sentenced to the	4784
prison term prior to, on, or after the effective date of this	4785
amendmentJuly 11, 2006, prior to the release of a prisoner for	4786
whom it will impose one or more post-release control sanctions	4787
under this division, the parole board shall notify the prisoner	4788
that, if the prisoner violates any sanction so imposed or any	4789
condition of post-release control described in division (B) of	4790
section 2967.131 of the Revised Code that is imposed on the	4791
prisoner, the parole board may impose a prison term of up to	4792
one-half of the stated prison term originally imposed upon the	4793
prisoner.	4794

(2) At any time after a prisoner is released from	4795
imprisonment and during the period of post-release control	4796
applicable to the releasee, the adult parole authority or,	4797
pursuant to an agreement under section 2967.29 of the Revised	4798
Code, the court may review the releasee's behavior under the	4799
post-release control sanctions imposed upon the releasee under	4800
this section. The authority or court may determine, based upon the	4801
review and in accordance with the standards established under	4802
division (E) of this section, that a more restrictive or a less	4803
restrictive sanction is appropriate and may impose a different	4804
sanction. Unless the period of post-release control was imposed	4805
for an offense described in division (B)(1) of this section, the	4806
The authority also may recommend that the parole board or court	4807
increase or reduce the duration of the period of post-release	4808
control imposed by the court. If the authority recommends that the	4809
board or court increase the duration of post-release control, the	4810
board or court shall review the releasee's behavior and may	4811
increase the duration of the period of post-release control	4812
imposed by the court up to eight years. If the authority	4813
recommends that the board or court reduce the duration of control	4814
for an offense described in division (B)(2), (B)(3), or (C) of	4815
this section, the board or court shall review the releasee's	4816
behavior and may reduce the duration of the period of control	4817
imposed by the court. In no case shall the board or court reduce	4818
the duration of the period of control imposed by the court for an	4819
offense described in division (B)(1) of this section to a period	4820
less than the length of the stated prison term originally imposed,	4821
and in no case shall the board or court permit the releasee to	4822
leave the state without permission of the court or the releasee's	4823
parole or probation officer.	4824

(E) The department of rehabilitation and correction, in	4825
accordance with Chapter 119. of the Revised Code, shall adopt	4826
rules that do all of the following:	4827

(1) Establish standards for the imposition by the parole	4828
board of post-release control sanctions under this section that	4829
are consistent with the overriding purposes and sentencing	4830
principles set forth in section 2929.11 of the Revised Code and	4831
that are appropriate to the needs of releasees;	4832

(2) Establish standards by which the parole board can	4833
determine which prisoners described in division (C) of this	4834
section should be placed under a period of post-release control;	4835

(3) Establish standards to be used by the parole board in	4836
reducing the duration of the period of post-release control	4837
imposed by the court when authorized under division (D) of this	4838
section, in imposing a more restrictive post-release control	4839
sanction than monitored time upon a prisoner convicted of a felony	4840
of the fourth or fifth degree other than a felony sex offense, or	4841
in imposing a less restrictive control sanction upon a releasee	4842
based on the releasee's activities including, but not limited to,	4843
remaining free from criminal activity and from the abuse of	4844
alcohol or other drugs, successfully participating in approved	4845
rehabilitation programs, maintaining employment, and paying	4846
restitution to the victim or meeting the terms of other financial	4847
sanctions;	4848

(4) Establish standards to be used by the adult parole	4849
authority in modifying a releasee's post-release control sanctions	4850
pursuant to division (D)(2) of this section;	4851

(5) Establish standards to be used by the adult parole	4852
authority or parole board in imposing further sanctions under	4853
division (F) of this section on releasees who violate post-release	4854
control sanctions, including standards that do the following:	4855

(a) Classify violations according to the degree of	4856
seriousness;	4857

(b) Define the circumstances under which formal action by the	4858
parole board is warranted;	4859

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

4860

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

4861

(e) Prescribe nonresidential community control sanctions for	4862
most misdemeanor and technical violations;	4863

(f) Provide procedures for the return of a releasee to	4864
imprisonment for violations of post-release control.	4865

(F)(1) Whenever the parole board imposes one or more	4866
post-release control sanctions upon an offender under this	4867
section, the offender upon release from imprisonment shall be	4868
under the general jurisdiction of the adult parole authority and	4869
generally shall be supervised by the field services section	4870
through its staff of parole and field officers as described in	4871
section 5149.04 of the Revised Code, as if the offender had been	4872
placed on parole. If the offender upon release from imprisonment	4873
violates the post-release control sanction or any conditions	4874
described in division (A) of section 2967.131 of the Revised Code	4875
that are imposed on the offender, the public or private person or	4876
entity that operates or administers the sanction or the program or	4877
activity that comprises the sanction shall report the violation	4878
directly to the adult parole authority or to the officer of the	4879
authority who supervises the offender. The authority's officers	4880
may treat the offender as if the offender were on parole and in	4881
violation of the parole, and otherwise shall comply with this	4882
section.	4883

(2) If the adult parole authority or, pursuant to an	4884
agreement under section 2967.29 of the Revised Code, the court	4885
determines that a releasee has violated a post-release control	4886
sanction or any conditions described in division (A) of section	4887
2967.131 of the Revised Code imposed upon the releasee and that a	4888
more restrictive sanction is appropriate, the authority or court	4889
may impose a more restrictive sanction upon the releasee, in	4890
accordance with the standards established under division (E) of	4891
this section or in accordance with the agreement made under	4892
section 2967.29 of the Revised Code, or may report the violation	4893
to the parole board for a hearing pursuant to division (F)(3) of	4894
this section. The authority or court may not, pursuant to this	4895
division, increase the duration of the releasee's post-release	4896
control or impose as a post-release control sanction a	4897
residential sanction that includes a prison term, but the	4898
authority or court may impose on the releasee any other	4899
residential sanction, nonresidential sanction, or financial	4900
sanction that the sentencing court was authorized to impose	4901
pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised	4902
Code.	4903

(3) The parole board or, pursuant to an agreement under	4904
section 2967.29 of the Revised Code, the court may hold a hearing	4905
on any alleged violation by a releasee of a post-release control	4906
sanction or any conditions described in division (A) of section	4907
2967.131 of the Revised Code that are imposed upon the releasee.	4908
If after the hearing the board or court finds that the releasee	4909
violated the sanction or condition, the board or court may	4910
increase the duration of the releasee's post-release control up to	4911
the maximum duration authorized by division (B) or (C) of this	4912
section or impose a more restrictive post-release control	4913
sanction. When appropriate, the board or court may impose as a	4914
post-release control sanction a residential sanction that includes	4915
a prison term. The board or court shall consider a prison term as	4916
a post-release control sanction imposed for a violation of	4917
post-release control when the violation involves a deadly weapon	4918
or dangerous ordnance, physical harm or attempted serious physical	4919
harm to a person, or sexual misconduct, or when the releasee	4920
committed repeated violations of post-release control sanctions.	4921
TheUnless a releasee's stated prison term was reduced pursuant to	4922
section 5120.032 of the Revised Code, the period of a prison term	4923
that is imposed as a post-release control sanction under this	4924
division shall not exceed nine months, and the maximum cumulative	4925
prison term for all violations under this division shall not	4926
exceed one-half of the stated prison term originally imposed upon	4927
the offender as part of this sentence. If a releasee's stated	4928
prison term was reduced pursuant to section 5120.032 of the	4929
Revised Code, the period of a prison term that is imposed as a	4930
post-release control sanction under this division and the maximum	4931
cumulative prison term for all violations under this division	4932
shall not exceed the period of time not served in prison under the	4933
sentence imposed by the court. The period of a prison term that is	4934
imposed as a post-release control sanction under this division	4935
shall not count as, or be credited toward, the remaining period of	4936
post-release control.	4937

If an offender is imprisoned for a felony committed while	4938
under post-release control supervision and is again released on	4939
post-release control for a period of time determined by division	4940
(F)(4)(d) of this section, the maximum cumulative prison term for	4941
all violations under this division shall not exceed one-half of	4942
the total stated prison terms of the earlier felony, reduced by	4943
any prison term administratively imposed by the parole board or	4944
court, plus one-half of the total stated prison term of the new	4945
felony.	4946

(4) Any period of post-release control shall commence upon an	4947
offender's actual release from prison. If an offender is serving	4948
an indefinite prison term or a life sentence in addition to a	4949
stated prison term, the offender shall serve the period of	4950
post-release control in the following manner:	4951

(a) If a period of post-release control is imposed upon the	4952
offender and if the offender also is subject to a period of parole	4953
under a life sentence or an indefinite sentence, and if the period	4954
of post-release control ends prior to the period of parole, the	4955
offender shall be supervised on parole. The offender shall receive	4956
credit for post-release control supervision during the period of	4957
parole. The offender is not eligible for final release under	4958
section 2967.16 of the Revised Code until the post-release control	4959
period otherwise would have ended.	4960

(b) If a period of post-release control is imposed upon the	4961
offender and if the offender also is subject to a period of parole	4962
under an indefinite sentence, and if the period of parole ends	4963
prior to the period of post-release control, the offender shall be	4964
supervised on post-release control. The requirements of parole	4965
supervision shall be satisfied during the post-release control	4966
period.	4967

(c) If an offender is subject to more than one period of	4968
post-release control, the period of post-release control for all	4969
of the sentences shall be the period of post-release control that	4970
expires last, as determined by the parole board or court. Periods	4971
of post-release control shall be served concurrently and shall not	4972
be imposed consecutively to each other.	4973

(d) The period of post-release control for a releasee who	4974
commits a felony while under post-release control for an earlier	4975
felony shall be the longer of the period of post-release control	4976
specified for the new felony under division (B) or (C) of this	4977
section or the time remaining under the period of post-release	4978
control imposed for the earlier felony as determined by the parole	4979
board or court.	4980

Sec. 2967.29.  (A) A court of common pleas may cooperate with	4981
the department of rehabilitation and correction in the supervision	4982
of offenders who return to the court's territorial jurisdiction	4983
after serving a prison term. The court, after consultation with	4984
the board of county commissioners, may enter into an agreement	4985
with the department allowing the court and the parole board to	4986
make joint decisions relating to parole and post-release control	4987
to the extent permitted by section 2967.28 of the Revised Code.	4988

(B) An agreement made under this section shall include at	4989
least all of the following:	4990

(1) The categories of offenders with regard to which the	4991
court may participate in making decisions;	4992

(2) The process by which the offenders in each category will	4993
be identified;	4994

(3) The process by which the court and the parole board will	4995
monitor offenders and make recommendations regarding programming	4996
while the offenders are in prison;	4997

(4) The process by which the court will participate in	4998
setting appropriate sanctions and conditions on offenders who	4999
leave prison on post-release control or parole;	5000

(5) The process by which the court may participate in	5001
reducing the duration of the period of post-release control;	5002

(6) Guidelines for the supervision of offenders under	5003
post-release control or parole supervision;	5004

(7) Guidelines for sanctions for violations of parole or	5005
post-release control;	5006

(8) Provisions that take into account the perspective of	5007
affected victims.	5008

(C) A court that enters into an agreement under this section	5009
shall provide the department of rehabilitation and correction with	5010
a presentence investigation upon the offender's admission to	5011
prison. The department shall provide the court with a summary of	5012
an offender's progress while in prison prior to the release of the	5013
offender.	5014

Sec. 4507.51.  (A)(1) Every application for an identification	5015
card or duplicate shall be made on a form furnished by the	5016
registrar of motor vehicles, shall be signed by the applicant, and	5017
by the applicant's parent or guardian if the applicant is under	5018
eighteen years of age, and shall contain the following information	5019
pertaining to the applicant: name, date of birth, sex, general	5020
description including the applicant's height, weight, hair color,	5021
and eye color, address, and social security number. The	5022
application also shall state whether an applicant wishes to	5023
certify willingness to make an anatomical gift under section	5024
2108.04 of the Revised Code and shall include information about	5025
the requirements of that section that apply to persons who are	5026
less than eighteen years of age. The statement regarding	5027
willingness to make such a donation shall be given no	5028
consideration in the decision of whether to issue an	5029
identification card. Each applicant shall be photographed in color	5030
at the time of making application.	5031

(2) The application also shall state whether the applicant	5032
has executed a valid durable power of attorney for health care	5033
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	5034
executed a declaration governing the use or continuation, or the	5035
withholding or withdrawal, of life-sustaining treatment pursuant	5036
to sections 2133.01 to 2133.15 of the Revised Code and, if the	5037
applicant has executed either type of instrument, whether the	5038
applicant wishes the identification card issued to indicate that	5039
the applicant has executed the instrument.	5040

(3) The registrar or deputy registrar, in accordance with	5041
section 3503.11 of the Revised Code, shall register as an elector	5042
any person who applies for an identification card or duplicate if	5043
the applicant is eligible and wishes to be registered as an	5044
elector. The decision of an applicant whether to register as an	5045
elector shall be given no consideration in the decision of whether	5046
to issue the applicant an identification card or duplicate.	5047

(B) The application for an identification card or duplicate	5048
shall be filed in the office of the registrar or deputy registrar.	5049
Each applicant shall present documentary evidence as required by	5050
the registrar of the applicant's age and identity, and the	5051
applicant shall swear that all information given is true. An	5052
identification card issued by the department of rehabilitation and	5053
correction under section 5120.59 of the Revised Code shall be	5054
sufficient documentary evidence under this division. Upon issuing	5055
an identification card under this section for a person who has	5056
been issued an identification card under section 5120.59 of the	5057
Revised Code, the registrar or deputy registrar shall destroy the	5058
identification card issued under section 5120.59 of the Revised	5059
Code.	5060

All applications for an identification card or duplicate	5061
shall be filed in duplicate, and if submitted to a deputy	5062
registrar, a copy shall be forwarded to the registrar. The	5063
registrar shall prescribe rules for the manner in which a deputy	5064
registrar is to file and maintain applications and other records.	5065
The registrar shall maintain a suitable, indexed record of all	5066
applications denied and cards issued or canceled.	5067

Sec. 4743.06.  Not later than one hundred eighty days after	5068
the effective date of this section, each board, commission, or	5069
agency that is created under or by virtue of Title XLVII of the	5070
Revised Code and that is authorized to deny licensure or	5071
certification without offering an opportunity for a hearing	5072
pursuant to Chapter 119. of the Revised Code to applicants who	5073
have been convicted of, pleaded guilty to, or had a judicial	5074
finding of guilt for any specified criminal offense regardless of	5075
the jurisdiction in which the offense was committed and that	5076
intends to add specified criminal offenses to the list of criminal	5077
offenses for which licensure or certification can be so denied on	5078
the effective date of this section shall promulgate rules	5079
pursuant to Chapter 119. of the Revised Code that list each of	5080
the additional criminal offenses for which licensure or	5081
certification can be so denied and state the basis for which each	5082
of those specified criminal offenses is substantially related to	5083
a person's fitness and ability to perform the duties and	5084
responsibilities of the occupation, profession, or trade.	5085

Sec. 5120.07.  (A) There is hereby created the ex-offender	5086
reentry coalition consisting of the following seventeen members or	5087
their designees:	5088

(1) The director of rehabilitation and correction;

5089

(2) The director of aging;

5090

(3) The director of alcohol and drug addiction services;

5091

(4) The director of development;

5092

(5) The superintendent of public instruction;

5093

(6) The director of health;

5094

(7) The director of job and family services;

5095

(8) The director of mental health;

5096

(9) The director of mental retardation and developmental	5097
disabilities;	5098

(10) The director of public safety;

5099

(11) The director of youth services;

5100

(12) The chancellor of the Ohio board of regents;

5101

(13) The director of the governor's office of external	5102
affairs and economic opportunity;	5103

(14) The director of the governor's office of faith-based and	5104
community initiatives;	5105

(15) The director of the rehabilitation services commission;

5106

(16) The director of the department of commerce;

5107

(17) The executive director of a health care licensing board	5108
created under Title XLVII of the Revised Code, as appointed by the	5109
chairperson of the coalition.	5110

(B) The members of the coalition shall serve without	5111
compensation. The director of rehabilitation and correction or the	5112
director's designee shall be the chairperson of the coalition.	5113

(C) In consultation with persons interested and involved in	5114
the reentry of ex-offenders into the community, including but not	5115
limited to, service providers, community-based organizations, and	5116
local governments, the coalition shall identify and examine social	5117
service barriers and other obstacles to the reentry of	5118
ex-offenders into the community. Not later than one year after the	5119
effective date of this act and on or before the same date of each	5120
year thereafter, the coalition shall submit to the speaker of the	5121
house of representatives and the president of the senate a report,	5122
including recommendations for legislative action, the activities	5123
of the coalition, and the barriers affecting the successful	5124
reentry of ex-offenders into the community. The report shall	5125
analyze the effects of those barriers on ex-offenders and on	5126
their children and other family members in various areas,	5127
including but not limited to, the following:	5128

(1) Admission to public and other housing;

5129

(2) Child support obligations and procedures;

5130

(3) Parental incarceration and family reunification;

5131

(4) Social security benefits, veterans' benefits, food	5132
stamps, and other forms of public assistance;	5133

(5) Employment;

5134

(6) Education programs and financial assistance;

5135

(7) Substance abuse, mental health, and sex offender	5136
treatment programs and financial assistance;	5137

(8) Civic and political participation;

5138

(9) Other collateral consequences under the Revised Code or	5139
the Ohio administrative code law that may result from a criminal	5140
conviction.	5141

Sec. 5120.52.  The department of rehabilitation and	5142
correction may enter into a contract with any person or with a	5143
political subdivision in which a state correctional institution is	5144
located under which thean institution will provide water or	5145
sewage treatment services for the person or political subdivision	5146
if the institution has a water or sewage treatment facility with	5147
sufficient excess capacity to provide the services.	5148

Any such contract shall include all of the following:

5149

(A) Limitations on the quantity of sewage that the facility	5150
will accept or the quantity of potable water that the facility	5151
will provide that are compatible with the needs of the state	5152
correctional institution;	5153

(B) The bases for calculating reasonable rates to be charged	5154
the person or political subdivision for potable water or for	5155
sewage treatment services and for adjusting the rates;	5156

(C) All other provisions the department considers necessary	5157
or proper to protect the interests of the state in the facility	5158
and the purpose for which it was constructed.	5159

All amounts due the department under the contract shall be	5160
paid to the department by the person or political subdivision at	5161
the times specified in the contract. The department shall deposit	5162
all such amounts in the state treasury to the credit of the	5163
correctional institution water and sewage treatment facility	5164
services fund, which is hereby created. The fund shall be used by	5165
the department to pay costs associated with operating and	5166
maintaining the water or sewage treatment facility.	5167

Sec. 5120.59.  Before a prisoner is released from a state	5168
correctional institution, the department of rehabilitation and	5169
correction shall attempt to verify the prisoner's identification	5170
and social security number. If the department is not able to	5171
verify the prisoner's identification and social security number,	5172
if the prisoner has no other documentary evidence required by the	5173
registrar of motor vehicles for the issuance of an identification	5174
card under section 4507.50 of the Revised Code, and if the	5175
department determines that the prisoner is legally living in the	5176
United States, the department shall issue to the prisoner upon	5177
the prisoner's release an identification card that the prisoner	5178
may present to the registrar or a deputy registrar of motor	5179
vehicles to obtain an identification card under section 4507.50	5180
of the Revised Code. The director of rehabilitation and	5181
correction may adopt rules for the implementation of this	5182
section.	5183

Sec. 5120.63.  (A) As used in this section:

5184

(1) "Random drug testing" means a procedure in which blood or	5185
urine specimens are collected from individuals chosen by	5186
automatic, random selection and without prearrangement or	5187
planning, for the purpose of scientifically analyzing the	5188
specimens to determine whether the individual ingested or was	5189
injected with a drug of abuse.	5190

(2) "State correctional institution" has the same meaning as	5191
in section 2967.01 of the Revised Code.	5192

(3) "Stated prison term" has the same meaning as in section	5193
2929.01 of the Revised Code.	5194

(B) The department of rehabilitation and correction shall	5195
establish and administer a statewide random drug testing program	5196
in which all persons who were convicted of or pleaded guilty to a	5197
felony offense and are serving a stated prison term in a state	5198
correctional institution shall submit to random drug testing. The	5199
department may enter into contracts with laboratories or entities	5200
in the state that are accredited by the national institute on drug	5201
abuse to perform blood or urine specimen collection,	5202
documentation, maintenance, transportation, preservation, storage,	5203
and analyses and other duties required under this section in the	5204
performance of random drug testing of prisoners in those	5205
correctional institutions. The terms of any contract entered into	5206
under this division shall include a requirement that the	5207
laboratory or entity and its employees, the superintendents,	5208
managing officers, and employees of state correctional	5209
institutions, all employees of the department, and all other	5210
persons comply with the standards for the performance of random	5211
drug testing as specified in the policies and procedures	5212
established by the department under division (D) of this section.	5213
If no laboratory or entity has entered into a contract as	5214
specified in this division, the department shall cause a prisoner	5215
to submit to random drug testing performed by a reputable public	5216
laboratory to determine whether the prisoner ingested or was	5217
injected with a drug of abuse.	5218

(C) A prisoner who is subjected to random drug testing under	5219
this section and whose test indicates that the prisoner ingested	5220
or was injected with a drug of abuse shall pay the fee for that	5221
positive test and other subsequent test fees as a sanction	5222
specified by the department of rehabilitation and correction	5223
pursuant to division (D)(6) of this section.	5224

(D) The department of rehabilitation and correction shall	5225
establish policies and procedures to implement the random drug	5226
testing program established under this section. The policies and	5227
procedures shall include, but are not limited to, provisions that	5228
do the following:	5229

(1) Establish standards for the performance of random drug	5230
testing that include, but are not limited to, standards governing	5231
the following:	5232

(a) The collection by the laboratory or entity described in	5233
division (B) of this section of blood or urine specimens of	5234
individuals in a scientifically or medically approved manner and	5235
under reasonable and sanitary conditions;	5236

(b) The collection and testing by the laboratory or entity	5237
described in division (B) of this section of blood or urine	5238
specimens with due regard for the privacy of the individual being	5239
tested and in a manner reasonably calculated to prevent	5240
substitutions or interference with the collection and testing of	5241
the specimens;	5242

(c) The documentation of blood or urine specimens collected	5243
by the laboratory or entity described in division (B) of this	5244
section and documentation procedures that reasonably preclude the	5245
possibility of erroneous identification of test results and that	5246
provide the individual being tested an opportunity to furnish	5247
information identifying any prescription or nonprescription drugs	5248
used by the individual in connection with a medical condition;	5249

(d) The collection, maintenance, storage, and transportation	5250
by the laboratory or entity described in division (B) of this	5251
section of blood or urine specimens in a manner that reasonably	5252
precludes the possibility of contamination or adulteration of the	5253
specimens;	5254

(e) The testing by the laboratory or entity described in	5255
division (B) of this section of blood or urine specimen of an	5256
individual to determine whether the individual ingested or was	5257
injected with a drug of abuse, in a manner that conforms to	5258
scientifically accepted analytical methods and procedures and that	5259
may include verification or confirmation of any positive test	5260
result by a reliable analytical method;	5261

(f) The analysis of an individual's blood or urine specimen	5262
by an employee of the laboratory or entity described in division	5263
(B) of this section who is qualified by education, training, and	5264
experience to perform that analysis and whose regular duties	5265
include the analysis of blood or urine specimens to determine the	5266
presence of a drug of abuse and whether the individual who is the	5267
subject of the test ingested or was injected with a drug of abuse.	5268

(2) Specify the frequency of performing random drug testing	5269
of prisoners in a state correctional institution;	5270

(3) Prescribe procedures for the automatic, random selection	5271
of prisoners in a state correctional institution to submit to	5272
random drug testing under this section;	5273

(4) Provide for reasonable safeguards for the transmittal	5274
from the laboratory or entity described in division (B) of this	5275
section to the department of the results of the random drug	5276
testing of prisoners in state correctional institutions pursuant	5277
to division (F) of this section;	5278

(5) Establish a reasonable fee to cover the costs associated	5279
with random drug testing and analyses performed by a laboratory or	5280
entity under this section and establish procedures for the	5281
collection of those fees from the prisoners subjected to the drug	5282
test;	5283

(6) Establish guidelines for imposing sanctions upon a	5284
prisoner whose test results indicate that the prisoner ingested or	5285
was injected with a drug of abuse.	5286

(E) The warden of each correctional institution, pursuant to	5287
the contract entered into under division (B) of this section or,	5288
if no contract was entered into under that division, pursuant to	5289
the policies and procedures established by the department of	5290
rehabilitation and correction under division (D) of this section,	5291
shall facilitate the collection, documentation, maintenance, and	5292
transportation by the laboratory or entity described in division	5293
(B) of this section, of the blood or urine specimens of the	5294
prisoners in the state correctional institution who are subject to	5295
random drug testing.	5296

(F) A laboratory or entity that performs random drug testing	5297
of prisoners and analyses of blood or urine specimens under this	5298
section shall transmit the results of each drug test to the	5299
department of rehabilitation and correction. The department shall	5300
file for record the results of the drug tests that indicate	5301
whether or not each prisoner in the state correctional institution	5302
who was subjected to the drug test ingested or was injected with a	5303
drug of abuse. The department shall send a copy of the results of	5304
the drug tests to the warden of the state correctional institution	5305
in which the prisoner who was subjected to the drug test is	5306
confined. The warden shall give appropriate notice of the drug	5307
test results to each prisoner who was subjected to the drug test	5308
and whose drug test results indicate that the prisoner ingested or	5309
was injected with a drug of abuse. In accordance with	5310
institutional disciplinary procedures, the warden shall afford	5311
that prisoner an opportunity to be heard regarding the results of	5312
the drug test and to present contrary evidence at a hearing held	5313
before the warden within thirty days after notification to the	5314
prisoner under this division. After the hearing, if a hearing is	5315
held, the warden shall make a determination regarding any evidence	5316
presented by the prisoner. If the warden rejects the evidence	5317
presented by the prisoner at the hearing or if no hearing is held	5318
under this division, the warden may subject the prisoner to	5319
sanctions that include payment of the fee for the test.	5320

(G) If a prisoner has been subjected to two or more drug	5321
tests pursuant to this section and if the results of two of those	5322
tests indicate that the prisoner ingested or was injected with a	5323
drug of abuse, the parole board may extend the stated prison term	5324
of the prisoner pursuant to the bad time provisions in section	5325
2967.11 of the Revised Code if by ingesting or being injected with	5326
the drug of abuse the prisoner committed a violation as defined in	5327
that section.	5328

(H) All fees for random drug tests collected from prisoners	5329
under this section or collected by the adult parole authority	5330
under section 2929.15, 2951.05, or 2967.131 of the Revised Code	5331
shall be forwarded to the treasurer of state for deposit in the	5332
offender financial responsibility fund created in division (I) of	5333
section 5120.56 of the Revised Code.	5334

Sec. 5120.66.  (A) Within ninety days after November 23,	5335
2005, but not before January 1, 2006, the department of	5336
rehabilitation and correction shall establish and operate on the	5337
internet a database that contains all of the following:	5338

(1) For each inmate in the custody of the department under a	5339
sentence imposed for a conviction of or plea of guilty to any	5340
offense, all of the following information:	5341

(a) The inmate's name;

5342

(b) For each offense for which the inmate was sentenced to a	5343
prison term or term of imprisonment and is in the department's	5344
custody, the name of the offense, the Revised Code section of	5345
which the offense is a violation, the gender of each victim of the	5346
offense if those facts are known, whether each victim of the	5347
offense was an adult or child if those facts are known, the range	5348
of the possible prison terms or term of imprisonment that could	5349
have been imposed for the offense, the actual prison term or term	5350
of imprisonment imposed for the offense, the county in which the	5351
offense was committed, the date on which the inmate began serving	5352
the prison term or term of imprisonment imposed for the offense,	5353
and either the date on which the inmate will be eligible for	5354
parole relative to the offense if the prison term or term of	5355
imprisonment is an indefinite term or life term or the date on	5356
which the term ends if the prison term is a definite term;	5357

(c) All of the following information that is applicable	5358
regarding the inmate:	5359

(i) If known to the department prior to the conduct of any	5360
hearing for judicial release of the defendant pursuant to section	5361
2929.20 of the Revised Code in relation to any prison term or term	5362
of imprisonment the inmate is serving for any offense, notice of	5363
the fact that the inmate will be having a hearing regarding a	5364
possible grant of judicial release, the date of the hearing, and	5365
the right of any person pursuant to division (J) of that section	5366
to submit to the court a written statement regarding the possible	5367
judicial release;	5368

(ii) If the inmate is serving a prison term pursuant to	5369
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	5370
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	5371
Code, prior to the conduct of any hearing pursuant to section	5372
2971.05 of the Revised Code to determine whether to modify the	5373
requirement that the inmate serve the entire prison term in a	5374
state correctional facility in accordance with division (C) of	5375
that section, whether to continue, revise, or revoke any existing	5376
modification of that requirement, or whether to terminate the	5377
prison term in accordance with division (D) of that section,	5378
notice of the fact that the inmate will be having a hearing	5379
regarding those determinations and of the date of the hearing;	5380

(iii) At least three weeks before the adult parole authority	5381
recommends a pardon or commutation of sentence for the inmate or	5382
at least three weeks prior to a hearing before the adult parole	5383
authority regarding a grant of parole to the inmate in relation to	5384
any prison term or term of imprisonment the inmate is serving for	5385
any offense, notice of the fact that the inmate might be under	5386
consideration for a pardon or commutation of sentence or will be	5387
having a hearing regarding a possible grant of parole, of the date	5388
of any hearing regarding a possible grant of parole, and of the	5389
right of any person to submit a written statement regarding the	5390
pending action;	5391

(iv) At least three weeks before the inmate has a hearing	5392
regarding a transferis transferred to transitional control under	5393
section 2967.26 of the Revised Code in relation to any prison	5394
term or term of imprisonment the inmate is serving for any	5395
offense, notice of the pendency of the transfer, of the date of	5396
the possible transfer, and of the right of any person to submit a	5397
statement regarding the possible transfer;	5398

(v) Prompt notice of the inmate's escape from any facility in	5399
which the inmate was incarcerated and of the capture of the inmate	5400
after an escape;	5401

(vi) Notice of the inmate's death while in confinement;

5402

(vii) Prior to the release of the inmate from confinement,	5403
notice of the fact that the inmate will be released, of the date	5404
of the release, and, if applicable, of the standard terms and	5405
conditions of the release;	5406

(viii) Notice of the inmate's judicial release.

5407

(2) Information as to where a person can send written	5408
statements of the types referred to in divisions (A)(1)(c)(i),	5409
(iii), and (iv) of this section.	5410

(B)(1) The department shall update the database required	5411
under division (A) of this section every twenty-four hours to	5412
ensure that the information it contains is accurate and current.	5413

(2) The database required under division (A) of this section	5414
is a public record open for inspection under section 149.43 of the	5415
Revised Code. The department shall make the database searchable by	5416
inmate name and by the county and zip code where the offender	5417
intends to reside after release from a state correctional	5418
institution if this information is known to the department.	5419

(3) The database required under division (A) of this section	5420
may contain information regarding inmates who are listed in the	5421
database in addition to the information described in that	5422
division.	5423

(4) No information included on the database required under	5424
division (A) of this section shall identify or enable the	5425
identification of any victim of any offense committed by an	5426
inmate.	5427

(C) The failure of the department to comply with the	5428
requirements of division (A) or (B) of this section does not give	5429
any rights or any grounds for appeal or post-conviction relief to	5430
any inmate.	5431

(D) This section, and the related provisions of sections	5432
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	5433
in the act in which this section was enacted, shall be known as	5434
"Laura's Law."	5435

Sec. 5120.70.  (A) There is hereby created in the state	5436
treasury the federal equitable sharing fund. The director of	5437
rehabilitation and correction shall deposit in the fund all money	5438
received by the department from the federal government as	5439
equitable sharing payments under 28 U.S.C. 524. The director	5440
shall establish rules pursuant to Chapter 119. of the Revised	5441
Code for the operation of the fund.	5442

(B)(1) The department of rehabilitation and correction shall	5443
use federally forfeited property and the proceeds of federally	5444
forfeited property only for law enforcement purposes. The	5445
department shall implement auditing procedures that will trace	5446
assets and interest to the equitable sharing fund.	5447

(2) Within sixty days of the close of the fiscal year, the	5448
department shall submit to the chairpersons of the committees of	5449
the senate and the house of representatives that consider criminal	5450
justice legislation all of the following information:	5451

(a) The annual certification report submitted to the United	5452
States department of justice and the United States department of	5453
treasury;	5454

(b) A report identifying all DAG-71 forms submitted to the	5455
federal government and a consecutive numbering log of the copies	5456
including identifiers for the type of asset, the amount, the share	5457
requested, the amount received, and the date received.	5458

(3) The department shall provide the committees with any	5459
documentation related to the reports that members of the	5460
committees request. The report may be submitted in a tangible	5461
format, an electronic format, or both.	5462

Sec. 5139.02.  (A)(1) As used in this section, "managing	5463
officer" means the assistant director, a deputy director, an	5464
assistant deputy director, a superintendent, a regional	5465
administrator, a deputy superintendent, or the superintendent of	5466
schools of the department of youth services, a member of the	5467
release authority, the chief of staff to the release authority,	5468
and the victims administrator of the office of victim services.	5469

(2) Each division established by the director of youth	5470
services shall consist of managing officers and other employees,	5471
including those employed in institutions and regions as necessary	5472
to perform the functions assigned to them. The director,	5473
assistant director, or appropriate deputy director or managing	5474
officer of the department shall supervise the work of each	5475
division and determine general policies governing the exercise of	5476
powers vested in the department and assigned to each division. The	5477
appropriate managing officer or deputy director is responsible to	5478
the director or assistant director for the organization,	5479
direction, and supervision of the work of the division or unit and	5480
for the exercise of the powers and the performance of the duties	5481
of the department assigned to it and, with the director's	5482
approval, may establish bureaus or other administrative units	5483
within the department.	5484

(B) The director shall appoint all managing officers, who	5485
shall be in the unclassified civil service. The director may	5486
appoint a person who holds a certified position in the classified	5487
service within the department to a position as a managing officer	5488
within the department. A person appointed pursuant to this	5489
division to a position as a managing officer shall retain the	5490
right to resume the position and status held by the person in the	5491
classified service immediately prior to the person's appointment	5492
as managing officer, regardless of the number of positions the	5493
person held in the unclassified service. A managing officer's	5494
right to resume a position in the classified service may only be	5495
exercised when the director demotes the managing officer to a pay	5496
range lower than the managing officer's current pay range or	5497
revokes the managing officer's appointment to the position of	5498
managing officer. A managing officer forfeits the right to resume	5499
a position in the classified service when the managing officer is	5500
removed from the position of managing officer due to incompetence,	5501
inefficiency, dishonesty, drunkenness, immoral conduct,	5502
insubordination, discourteous treatment of the public, neglect of	5503
duty, violation of this chapter or Chapter 124. of the Revised	5504
Code, the rules of the director of youth services or the director	5505
of administrative services, any other failure of good behavior,	5506
any other acts of misfeasance, malfeasance, or nonfeasance in	5507
office, or conviction of a felony. A managing officer also	5508
forfeits the right to resume a position in the classified service	5509
upon transfer to a different agency.	5510

Reinstatement to a position in the classified service shall	5511
be to the position held in the classified service immediately	5512
prior to appointment as managing officer, or to another position	5513
certified by the director of administrative services as being	5514
substantially equal to that position. If the position the person	5515
previously held in the classified service immediately prior to	5516
appointment as a managing officer has been placed in the	5517
unclassified service or is otherwise unavailable, the person shall	5518
be appointed to a position in the classified service within the	5519
department that the director of administrative services certifies	5520
is comparable in compensation to the position the person	5521
previously held in the classified service. Service as a managing	5522
officer shall be counted as service in the position in the	5523
classified service held by the person immediately prior to the	5524
person's appointment as a managing officer. If a person is	5525
reinstated to a position in the classified service under this	5526
division, the person shall be returned to the pay range and step	5527
to which the person had been assigned at the time of the	5528
appointment as managing officer. Longevity, where applicable,	5529
shall be calculated pursuant to the provisions of section 124.181	5530
of the Revised Code.	5531

(C) Each person appointed as a managing officer shall have	5532
received special training and shall have experience in the type of	5533
work that the person's division is required to perform. Each	5534
managing officer, under the supervision of the director, has	5535
entire charge of the division, institution, unit, or region for	5536
which the managing officer is appointed and, with the director's	5537
approval, shall appoint necessary employees and may remove them	5538
for cause.	5539

(D) The director may designate one or more deputy directors	5540
to sign any personnel actions on the director's behalf. The	5541
director shall make a designation in a writing signed by the	5542
director, and the designation shall remain in effect until the	5543
director revokes or supersedes it with a new designation.	5544

Sec. 5139.18.  (A) Except with respect to children who are	5545
granted a judicial release to court supervision pursuant to	5546
division (B) of section 2152.22 of the Revised Code, the	5547
department of youth services is responsible for locating homes or	5548
jobs for children released from its institutions, for supervision	5549
of children released from its institutions, and for providing or	5550
arranging for the provision to those children of appropriate	5551
services that are required to facilitate their satisfactory	5552
community adjustment. Regional administrators through their staff	5553
of parole officers shall supervise children paroled or released to	5554
community supervision in a manner that insures as nearly as	5555
possible the children's rehabilitation and that provides maximum	5556
protection to the general public.	5557

(B) The department of youth services shall exercise general	5558
supervision over all children who have been released on placement	5559
from any of its institutions other than children who are granted a	5560
judicial release to court supervision pursuant to division (B) of	5561
section 2152.22 of the Revised Code. The director of youth	5562
services, with the consent and approval of the board of county	5563
commissioners of any county, may contract with the public children	5564
services agency of that county, the department of probation of	5565
that county established pursuant to section 2301.27 of the Revised	5566
Code, or the probation department or service established pursuant	5567
to sections 2151.01 to 2151.54 of the Revised Code for the	5568
provision of direct supervision and control over and the provision	5569
of supportive assistance to all children who have been released on	5570
placement into that county from any of its institutions, or, with	5571
the consent of the juvenile judge or the administrative judge of	5572
the juvenile court of any county, contract with any other public	5573
agency, institution, or organization that is qualified to provide	5574
the care and supervision that is required under the terms and	5575
conditions of the child's treatment plan for the provision of	5576
direct supervision and control over and the provision of	5577
supportive assistance to all children who have been released on	5578
placement into that county from any of its institutions.	5579

(C) A juvenile parole officer shall furnish to a child placed	5580
on community control under the parole officer's supervision a	5581
statement of the conditions of parole and shall instruct the child	5582
regarding them. The parole officer shall keep informed concerning	5583
the conduct and condition of a child under the parole officer's	5584
supervision and shall report on the child's conduct to the judge	5585
as the judge directs. A parole officer shall use all suitable	5586
methods to aid a child on community control and to improve the	5587
child's conduct and condition. A parole officer shall keep full	5588
and accurate records of work done for children under the parole	5589
officer's supervision.	5590

(D) In accordance with division (D) of section 2151.14 of the	5591
Revised Code, a court may issue an order requiring boards of	5592
education, governing bodies of chartered nonpublic schools, public	5593
children services agencies, private child placing agencies,	5594
probation departments, law enforcement agencies, and prosecuting	5595
attorneys that have records related to the child in question to	5596
provide copies of one or more specified records, or specified	5597
information in one or more specified records, that the individual	5598
or entity has with respect to the child to the department of youth	5599
services when the department has custody of the child or is	5600
performing any services for the child that are required by the	5601
juvenile court or by statute, and the department requests the	5602
records in accordance with division (D)(3)(a) of section 2151.14	5603
of the Revised Code.	5604

(E) Whenever any placement official has reasonable cause to	5605
believe that any child released by a court pursuant to section	5606
2152.22 of the Revised Code has violated the conditions of the	5607
child's placement, the official may request, in writing, from the	5608
committing court or transferee court a custodial order, and, upon	5609
reasonable and probable cause, the court may order any sheriff,	5610
deputy sheriff, constable, or police officer to apprehend the	5611
child. A child so apprehended may be confined in the detention	5612
facility of the county in which the child is apprehended until	5613
further order of the court. If a child who was released on	5614
supervised release by the release authority of the department of	5615
youth services or a child who was granted a judicial release to	5616
department of youth services supervision violates the conditions	5617
of the supervised release or judicial release, section 5139.52 of	5618
the Revised Code applies with respect to that child.	5619

Sec. 5139.281.  The department of youth services shall adopt	5620
rules prescribing the manner of application for financial	5621
assistance under this section for the operation and maintenance of	5622
a detention facility provided, or district detention facility	5623
established, under section 2151.41 of the Revised Code and	5624
prescribing minimum standards of operation, including criteria for	5625
programs of education, training, counseling, recreation, health,	5626
and safety, and qualifications of personnel with which a facility	5627
shall comply as a condition of eligibility for assistance under	5628
this section. If the board of county commissioners providing a	5629
detention facility or the board of trustees of a district	5630
detention facility applies to the department for assistance and if	5631
the department finds that the application is in accordance with	5632
the rules adopted under this section and that the facility meets	5633
the minimum standards adopted under this section, the department	5634
may grant assistance to the applicant board for the operation and	5635
maintenance of each facility in an amount not to exceed fifty per	5636
cent of the approved annual operating cost. The board shall make a	5637
separate application for each year for which assistance is	5638
requested.	5639

The department shall adopt any necessary rules for the care,	5640
treatment, and training in a district detention facility of	5641
children found to be delinquent children and committed to the	5642
facility by the juvenile court under section 2151.19 of the	5643
Revised Code and may approve for this purpose any facility that is	5644
found to be in compliance with the rules it adopts.	5645

The department shall providefund, at least once every six	5646
months, in-service training programs approved by the department	5647
for staff members of detention facilities or district detention	5648
facilities and shall pay all travel and other necessary expenses	5649
incurred by participating staff members.	5650

Sec. 5139.31.  The department of youth services may inspect	5651
any school, forestry camp, district detention facility, or other	5652
facility for which an application for financial assistance has	5653
been made to the department under section 2152.43 or 2151.651 of	5654
the Revised Code or for which financial assistance has been	5655
granted by the department under section 5139.27, 5139.271, or	5656
5139.281 of the Revised Code. The inspection may include, but need	5657
not be limited to, examination and evaluation of the physical	5658
condition of the school, forestry camp, district detention	5659
facility, or other facility, including any equipment used in	5660
connection with it; observation and evaluation of the training	5661
programming and treatment of children admitted to it; examination	5662
and analysis and copying of any papers, records, or other	5663
documents relating to the qualifications of personnel, the	5664
commitment of children to it, and its administration.	5665

Sec. 5139.36.  (A) In accordance with this section and the	5666
rules adopted under it and from funds appropriated to the	5667
department of youth services for the purposes of this section, the	5668
department shall make grants that provide financial resources to	5669
operate community corrections facilities for felony delinquents.	5670

(B)(1) Each community corrections facility that intends to	5671
seek a grant under this section shall file an application with the	5672
department of youth services at the time and in accordance with	5673
the procedures that the department shall establish by rules	5674
adopted in accordance with Chapter 119. of the Revised Code. In	5675
addition to other items required to be included in the	5676
application, a plan that satisfies both of the following shall be	5677
included:	5678

(a) It reduces the number of felony delinquents committed to	5679
the department from the county or counties associated with the	5680
community corrections facility.	5681

(b) It ensures equal access for minority felony delinquents	5682
to the programs and services for which a potential grant would be	5683
used.	5684

(2) The department of youth services shall review each	5685
application submitted pursuant to division (B)(1) of this section	5686
to determine whether the plan described in that division, the	5687
community corrections facility, and the application comply with	5688
this section and the rules adopted under it.	5689

(C) To be eligible for a grant under this section and for	5690
continued receipt of moneys comprising a grant under this section,	5691
a community corrections facility shall satisfy at least all of the	5692
following requirements:	5693

(1) Be constructed, reconstructed, improved, or financed by	5694
the Ohio building authority pursuant to section 307.021 of the	5695
Revised Code and Chapter 152. of the Revised Code for the use of	5696
the department of youth services and be designated as a community	5697
corrections facility;	5698

(2) Have written standardized criteria governing the types of	5699
felony delinquents that are eligible for the programs and services	5700
provided by the facility;	5701

(3) Have a written standardized intake screening process and	5702
an intake committee that at least performs both of the following	5703
tasks:	5704

(a) Screens all eligible felony delinquents who are being	5705
considered for admission to the facility in lieu of commitment to	5706
the department;	5707

(b) Notifies, within ten days after the date of the referral	5708
of a felony delinquent to the facility, the committing court	5709
whether the felony delinquent will be admitted to the facility.	5710

(4) Comply with all applicable fiscal and program rules that	5711
the department adopts in accordance with Chapter 119. of the	5712
Revised Code and demonstrate that felony delinquents served by the	5713
facility have been or will be diverted from a commitment to the	5714
department.	5715

(D) The department of youth services shall determine the	5716
method of distribution of the funds appropriated for grants under	5717
this section to community corrections facilities.	5718

(E)(1) The department of youth services shall adopt rules in	5719
accordance with Chapter 119. of the Revised Code to establish the	5720
minimum occupancy threshold of community corrections facilities.	5721

(2) The department may make referrals for the placement of	5722
children in its custody to a community corrections facility. At	5723
least forty-five days prior to the referral of a child or within	5724
any shorter period prior to the referral of the child that the	5725
committing court may allow, the department shall notify the	5726
committing court of its intent to place the child in a community	5727
corrections facility. The court shall have thirty days after the	5728
receipt of the notice to approve or disapprove the placement. If	5729
the court does not respond to the notice of the placement within	5730
that thirty-day period, the department shall proceed with the	5731
placement and debit the county in accordance with sections 5139.41	5732
to 5139.43 of the Revised Code. A child placed in a community	5733
corrections facility pursuant to this division shall remain in the	5734
legal custody of the department of youth services during the	5735
period in which the child is in the community corrections	5736
facility.	5737

(3) Counties that are not associated with a community	5738
corrections facility may refer children to a community corrections	5739
facility with the consent of the facility. The department of youth	5740
services shall debit the county that makes the referral in	5741
accordance with sections 5139.41 to 5139.43 of the Revised Code.	5742

(F) If theThe board or other governing body of a community	5743
corrections facility establishes an advisory board, the board or	5744
other governing authority of theshall meet not less often than	5745
once per quarter. A community corrections facility shallmay	5746
reimburse the members of the board or other governing body of the	5747
facility and the members of an advisory board created by the board	5748
or other governing body of the facility for their actual and	5749
necessary expenses incurred in the performance of their official	5750
duties on the advisory board. The members of the board or other	5751
governing body of the facility and the members of an advisory	5752
boardsboard created by the board or other governing body of the	5753
facility shall serve without compensation.	5754

Sec. 5139.38.  Within ninety days prior to the expiration of	5755
the prescribed minimum period of institutionalization of a felony	5756
delinquent committed to the department of youth services and with	5757
prior notification toapproval of the committing court, the	5758
department may transfer the felony delinquent to a community	5759
facility for a period of supervised treatment prior to ordering a	5760
release of the felony delinquent on supervised release or prior to	5761
the release and placement of the felony delinquent as described in	5762
section 5139.18 of the Revised Code. For purposes of transfers	5763
under this section, both of the following apply:	5764

(A) The community facility may be a community corrections	5765
facility that has received a grant pursuant to section 5139.36 of	5766
the Revised Code, a community residential program with which the	5767
department has contracted for purposes of this section, or another	5768
private entity with which the department has contracted for	5769
purposes of this section. Division (E) of section 5139.36 of the	5770
Revised Code does not apply in connection with a transfer of a	5771
felony delinquent that is made to a community corrections facility	5772
pursuant to this section.	5773

(B) During the period in which the felony delinquent is in	5774
the community facility, the felony delinquent shall remain in the	5775
custody of the department.	5776

Sec. 5139.41.  The appropriation made to the department of	5777
youth services for care and custody of felony delinquents shall be	5778
expended in accordance with the following procedure that the	5779
department shall use for each year of a biennium. The procedure	5780
shall be consistent with sections 5139.41 to 5139.43 of the	5781
Revised Code and shall be developed in accordance with the	5782
following guidelines:	5783

(A) The line item appropriation for the care and custody of	5784
felony delinquents shall provide funding for operational costs for	5785
the following:	5786

(1) Institutions and the diagnosis, care, or treatment of	5787
felony delinquents at facilities pursuant to contracts entered	5788
into under section 5139.08 of the Revised Code;	5789

(2) Community corrections facilities constructed,	5790
reconstructed, improved, or financed as described in section	5791
5139.36 of the Revised Code for the purpose of providing	5792
alternative placement and services for felony delinquents who have	5793
been diverted from care and custody in institutions;	5794

(3) County juvenile courts that administer programs and	5795
services for prevention, early intervention, diversion, treatment,	5796
and rehabilitation services and programs that are provided for	5797
alleged or adjudicated unruly or delinquent children or for	5798
children who are at risk of becoming unruly or delinquent	5799
children;	5800

(4) Administrative expenses the department incurs in	5801
connection with the felony delinquent care and custody programs	5802
described in section 5139.43 of the Revised Code.	5803

(B) From the appropriated line item for the care and custody	5804
of felony delinquents, the department, with the advice of the	5805
RECLAIM advisory committee established under section 5139.44 of	5806
the Revised Code, shall allocate annual operational funds for	5807
county juvenile programs, institutional care and custody,	5808
community corrections facilities care and custody, and	5809
administrative expenses incurred by the department associated with	5810
felony delinquent care and custody programs. The department, with	5811
the advice of the RECLAIM advisory committee, shall adjust these	5812
allocations, when modifications to this line item are made by	5813
legislative or executive action.	5814

(C) The department shall divide county juvenile program	5815
allocations among county juvenile courts that administer programs	5816
and services for prevention, early intervention, diversion,	5817
treatment, and rehabilitation that are provided for alleged or	5818
adjudicated unruly or delinquent children or for children who are	5819
at risk of becoming unruly or delinquent children. The department	5820
shall base funding on the county's previous year's ratio of the	5821
department's institutional and community correctional facilities	5822
commitments to that county's four year average of felony	5823
adjudications, divided by statewide ratios of commitments to	5824
felony adjudications, as specified in the following formula:	5825

(1) The department shall give to each county a proportional	5826
allocation of commitment credits. The proportional allocation of	5827
commitment credits shall be calculated by the following	5828
procedures:	5829

(a) The department shall determine for each county and for	5830
the state a four year average of felony adjudications.	5831

(b) The department shall determine for each county and for	5832
the state the number of charged bed days, for both the department	5833
and community correctional facilities, from the previous year.	5834

(c) The department shall divide the statewide total number of	5835
charged bed days by the statewide total number of felony	5836
adjudications, which quotient shall then be multiplied by a factor	5837
determined by the department.	5838

(d) The department shall calculate the county's allocation of	5839
credits by multiplying the number of adjudications for each court	5840
by the result determined pursuant to division (C)(1)(c) of this	5841
section.	5842

(2) The department shall subtract from the allocation	5843
determined pursuant to division (C)(1) of this section a credit	5844
for every chargeable bed day a youth stays in a department	5845
institution and two-thirds of credit for every chargeable bed day	5846
a youth stays in a community correctional facility, except for	5847
public safety beds. At the end of the year, the department shall	5848
divide the amount of remaining credits of that county's allocation	5849
by the total number of remaining credits to all counties, to	5850
determine the county's percentage, which shall then be applied to	5851
the total county allocation to determine the county's payment for	5852
the fiscal year.	5853

(3) The department shall pay counties three times during the	5854
fiscal year to allow for credit reporting and audit adjustments,	5855
and modifications to the appropriated line item for the care and	5856
custody of felony delinquents, as described in this section. The	5857
department shall pay fifty per cent of the payment by the	5858
fifteenth of July of each fiscal year, twenty-five per cent by the	5859
fifteenth of January of that fiscal year, and twenty-five per cent	5860
of the payment by the fifteenth of June of that fiscal year.	5861

(D) In fiscal year 2004, the payment of county juvenile	5862
programs shall be based on the following procedure:	5863

(1) The department shall divide the funding earned by each	5864
court in fiscal year 2003 by the aggregate funding of all courts,	5865
resulting in a percentage.	5866

(2) The department shall apply the percentage determined	5867
under division (D)(1) of this section to the total county juvenile	5868
program allocation for fiscal year 2004 to determine each court's	5869
total payment.	5870

(3) The department shall make payments in accordance with the	5871
schedule established in division (C)(3) of this section.	5872

Sec. 5139.43.  (A) The department of youth services shall	5873
operate a felony delinquent care and custody program that shall be	5874
operated in accordance with the formula developed pursuant to	5875
section 5139.41 of the Revised Code, subject to the conditions	5876
specified in this section.	5877

(B)(1) Each juvenile court shall use the moneys disbursed to	5878
it by the department of youth services pursuant to division (B) of	5879
section 5139.41 of the Revised Code in accordance with the	5880
applicable provisions of division (B)(2) of this section and shall	5881
transmit the moneys to the county treasurer for deposit in	5882
accordance with this division. The county treasurer shall create	5883
in the county treasury a fund that shall be known as the felony	5884
delinquent care and custody fund and shall deposit in that fund	5885
the moneys disbursed to the juvenile court pursuant to division	5886
(B) of section 5139.41 of the Revised Code. The county treasurer	5887
also shall deposit into that fund the state subsidy funds granted	5888
to the county pursuant to section 5139.34 of the Revised Code. The	5889
moneys disbursed to the juvenile court pursuant to division (B) of	5890
section 5139.41 of the Revised Code and deposited pursuant to this	5891
division in the felony delinquent care and custody fund shall not	5892
be commingled with any other county funds except state subsidy	5893
funds granted to the county pursuant to section 5139.34 of the	5894
Revised Code; shall not be used for any capital construction	5895
projects; upon an order of the juvenile court and subject to	5896
appropriation by the board of county commissioners, shall be	5897
disbursed to the juvenile court for use in accordance with the	5898
applicable provisions of division (B)(2) of this section; shall	5899
not revert to the county general fund at the end of any fiscal	5900
year; and shall carry over in the felony delinquent care and	5901
custody fund from the end of any fiscal year to the next fiscal	5902
year. At the end of each fiscal year, beginning June 30, 2008, the	5903
balance in the felony delinquent care and custody fund in any	5904
county shall not exceed the total moneys allocated to the county	5905
pursuant to sections 5139.34 and 5139.41 of the Revised Code	5906
during the previous fiscal year, unless that county has applied	5907
for and been granted an exemption by the director of youth	5908
services. The department shall withhold from future payments to a	5909
county an amount equal to any moneys in the felony delinquent care	5910
and custody fund of the county that exceed the total moneys	5911
allocated pursuant to those sections to the county during the	5912
preceding fiscal year and shall reallocate the withheld amount.	5913
The department shall adopt rules for the withholding and	5914
reallocation of moneys disbursed under sections 5139.34 and	5915
5139.41 of the Revised Code and for the criteria and process for a	5916
county to obtain an exemption from the withholding requirement.	5917
The moneys disbursed to the juvenile court pursuant to division	5918
(B) of section 5139.41 of the Revised Code and deposited pursuant	5919
to this division in the felony delinquent care and custody fund	5920
shall be in addition to, and shall not be used to reduce, any	5921
usual annual increase in county funding that the juvenile court is	5922
eligible to receive or the current level of county funding of the	5923
juvenile court and of any programs or services for delinquent	5924
children, unruly children, or juvenile traffic offenders.	5925

(2)(a) A county and the juvenile court that serves the county	5926
shall use the moneys in its felony delinquent care and custody	5927
fund in accordance with rules that the department of youth	5928
services adopts pursuant to division (D) of section 5139.04 of the	5929
Revised Code and as follows:	5930

(i) The moneys in the fund that represent state subsidy funds	5931
granted to the county pursuant to section 5139.34 of the Revised	5932
Code shall be used to aid in the support of prevention, early	5933
intervention, diversion, treatment, and rehabilitation programs	5934
that are provided for alleged or adjudicated unruly children or	5935
delinquent children or for children who are at risk of becoming	5936
unruly children or delinquent children. The county shall not use	5937
for capital improvements more than fifteen per cent of the moneys	5938
in the fund that represent the applicable annual grant of those	5939
state subsidy funds.	5940

(ii) The moneys in the fund that were disbursed to the	5941
juvenile court pursuant to division (B) of section 5139.41 of the	5942
Revised Code and deposited pursuant to division (B)(1) of this	5943
section in the fund shall be used to provide programs and services	5944
for the training, treatment, or rehabilitation of felony	5945
delinquents that are alternatives to their commitment to the	5946
department, including, but not limited to, community residential	5947
programs, day treatment centers, services within the home, and	5948
electronic monitoring, and shall be used in connection with	5949
training, treatment, rehabilitation, early intervention, or other	5950
programs or services for any delinquent child, unruly child, or	5951
juvenile traffic offender who is under the jurisdiction of the	5952
juvenile court.	5953

The fund also may be used for prevention, early intervention,	5954
diversion, treatment, and rehabilitation programs that are	5955
provided for alleged or adjudicated unruly children, delinquent	5956
children, or juvenile traffic offenders or for children who are at	5957
risk of becoming unruly children, delinquent children, or juvenile	5958
traffic offenders. Consistent with division (B)(1) of this	5959
section, a county and the juvenile court of a county shall not use	5960
any of those moneys for capital construction projects.	5961

(iii) Moneys in the fund shall not be used to support	5962
programs or services that do not comply with federal juvenile	5963
justice and delinquency prevention core requirements or to support	5964
programs or services that research has shown to be ineffective.	5965

(iv) The county and the juvenile court that serves the	5966
county may not use moneys in the fund for the provision of care	5967
and services for children, including, but not limited to, care and	5968
services in a detention facility, in another facility, or into	5969
provide out-of-home placement, unless the minimum standards that	5970
apply to the care and services and that the department prescribes	5971
in rules adopted pursuant to division (D) of section 5139.04 of	5972
the Revised Code have been satisfiedof children only in	5973
detention centers, community rehabilitation centers, or community	5974
corrections facilities approved by the department pursuant to	5975
standards adopted by the department, licensed by an authorized	5976
state agency, or accredited by the American correctional	5977
association or another national organization recognized by the	5978
department.	5979

(b) Each juvenile court shall comply with division (B)(3)(d)	5980
of this section as implemented by the department. If a juvenile	5981
court fails to comply with division (B)(3)(d) of this section, the	5982
department shall not be required to make any disbursements in	5983
accordance with division (C) or (D) of section 5139.41 or division	5984
(C)(2) of section 5139.34 of the Revised Code.	5985

(3) In accordance with rules adopted by the department	5986
pursuant to division (D) of section 5139.04 of the Revised Code,	5987
each juvenile court and the county served by that juvenile court	5988
shall do all of the following that apply:	5989

(a) The juvenile court shall prepare an annual grant	5990
agreement and application for funding that satisfies the	5991
requirements of this section and section 5139.34 of the Revised	5992
Code and that pertains to the use, upon an order of the juvenile	5993
court and subject to appropriation by the board of county	5994
commissioners, of the moneys in its felony delinquent care and	5995
custody fund for specified programs, care, and services as	5996
described in division (B)(2)(a) of this section, shall submit that	5997
agreement and application to the county family and children first	5998
council, the regional family and children first council, or the	5999
local intersystem services to children cluster as described in	6000
sections 121.37 and 121.38 of the Revised Code, whichever is	6001
applicable, and shall file that agreement and application with the	6002
department for its approval. The annual grant agreement and	6003
application for funding shall include a method of ensuring equal	6004
access for minority youth to the programs, care, and services	6005
specified in it.	6006

The department may approve an annual grant agreement and	6007
application for funding only if the juvenile court involved has	6008
complied with the preparation, submission, and filing requirements	6009
described in division (B)(3)(a) of this section. If the juvenile	6010
court complies with those requirements and the department approves	6011
that agreement and application, the juvenile court and the county	6012
served by the juvenile court may expend the state subsidy funds	6013
granted to the county pursuant to section 5139.34 of the Revised	6014
Code only in accordance with division (B)(2)(a) of this section,	6015
the rules pertaining to state subsidy funds that the department	6016
adopts pursuant to division (D) of section 5139.04 of the Revised	6017
Code, and the approved agreement and application.	6018

(b) By the thirty-first day of August of each year, the	6019
juvenile court shall file with the department a report that	6020
contains all of the statistical and other information for each	6021
month of the prior state fiscal year. If the juvenile court fails	6022
to file the report required by division (B)(3)(b) of this section	6023
by the thirty-first day of August of any year, the department	6024
shall not disburse any payment of state subsidy funds to which the	6025
county otherwise is entitled pursuant to section 5139.34 of the	6026
Revised Code and shall not disburse pursuant to division (B) of	6027
section 5139.41 of the Revised Code the applicable allocation	6028
until the juvenile court fully complies with division (B)(3)(b) of	6029
this section.	6030

(c) If the department requires the juvenile court to prepare	6031
monthly statistical reports and to submit the reports on forms	6032
provided by the department, the juvenile court shall file those	6033
reports with the department on the forms so provided. If the	6034
juvenile court fails to prepare and submit those monthly	6035
statistical reports within the department's timelines, the	6036
department shall not disburse any payment of state subsidy funds	6037
to which the county otherwise is entitled pursuant to section	6038
5139.34 of the Revised Code and shall not disburse pursuant to	6039
division (B) of section 5139.41 of the Revised Code the applicable	6040
allocation until the juvenile court fully complies with division	6041
(B)(3)(c) of this section. If the juvenile court fails to prepare	6042
and submit those monthly statistical reports within one hundred	6043
eighty days of the date the department establishes for their	6044
submission, the department shall not disburse any payment of state	6045
subsidy funds to which the county otherwise is entitled pursuant	6046
to section 5139.34 of the Revised Code and shall not disburse	6047
pursuant to division (B) of section 5139.41 of the Revised Code	6048
the applicable allocation, and the state subsidy funds and the	6049
remainder of the applicable allocation shall revert to the	6050
department. If a juvenile court states in a monthly statistical	6051
report that the juvenile court adjudicated within a state fiscal	6052
year five hundred or more children to be delinquent children for	6053
committing acts that would be felonies if committed by adults and	6054
if the department determines that the data in the report may be	6055
inaccurate, the juvenile court shall have an independent auditor	6056
or other qualified entity certify the accuracy of the data on a	6057
date determined by the department.	6058

(d) If the department requires the juvenile court and the	6059
county to participate in a fiscal monitoring program or another	6060
monitoring program that is conducted by the department to ensure	6061
compliance by the juvenile court and the county with division (B)	6062
of this section, the juvenile court and the county shall	6063
participate in the program and fully comply with any guidelines	6064
for the performance of audits adopted by the department pursuant	6065
to that program and all requests made by the department pursuant	6066
to that program for information necessary to reconcile fiscal	6067
accounting. If an audit that is performed pursuant to a fiscal	6068
monitoring program or another monitoring program described in this	6069
division determines that the juvenile court or the county used	6070
moneys in the county's felony delinquent care and custody fund for	6071
expenses that are not authorized under division (B) of this	6072
section, within forty-five days after the department notifies the	6073
county of the unauthorized expenditures, the county either shall	6074
repay the amount of the unauthorized expenditures from the county	6075
general revenue fund to the state's general revenue fund or shall	6076
file a written appeal with the department. If an appeal is timely	6077
filed, the director of the department shall render a decision on	6078
the appeal and shall notify the appellant county or its juvenile	6079
court of that decision within forty-five days after the date that	6080
the appeal is filed. If the director denies an appeal, the	6081
county's fiscal agent shall repay the amount of the unauthorized	6082
expenditures from the county general revenue fund to the state's	6083
general revenue fund within thirty days after receiving the	6084
director's notification of the appeal decision. If the county	6085
fails to make the repayment within that thirty-day period and if	6086
the unauthorized expenditures pertain to moneys allocated under	6087
sections 5139.41 to 5139.43 of the Revised Code, the department	6088
shall deduct the amount of the unauthorized expenditures from the	6089
next allocation of those moneys to the county in accordance with	6090
this section or from the allocations that otherwise would be made	6091
under those sections to the county during the next state fiscal	6092
year in accordance with this section and shall return that	6093
deducted amount to the state's general revenue fund. If the county	6094
fails to make the repayment within that thirty-day period and if	6095
the unauthorized expenditures pertain to moneys granted pursuant	6096
to section 5139.34 of the Revised Code, the department shall	6097
deduct the amount of the unauthorized expenditures from the next	6098
annual grant to the county pursuant to that section and shall	6099
return that deducted amount to the state's general revenue fund.	6100

(C) The determination of which county a reduction of the	6101
care and custody allocation will be charged against for a	6102
particular youth shall be made as outlined below for all youths	6103
who do not qualify as public safety beds. The determination of	6104
which county a reduction of the care and custody allocation will	6105
be charged against shall be made as follows until each youth is	6106
released:	6107

(1) In the event of a commitment, the reduction shall be	6108
charged against the committing county.	6109

(2) In the event of a recommitment, the reduction shall be	6110
charged against the original committing county until the	6111
expiration of the minimum period of institutionalization under the	6112
original order of commitment or until the date on which the youth	6113
is admitted to the department of youth services pursuant to the	6114
order of recommitment, whichever is later. Reductions of the	6115
allocation shall be charged against the county that recommitted	6116
the youth after the minimum expiration date of the original	6117
commitment.	6118

(3) In the event of a revocation of a release on parole, the	6119
reduction shall be charged against the county that revokes the	6120
youth's parole.	6121

(D) A juvenile court is not precluded by its allocation	6122
amount for the care and custody of felony delinquents from	6123
committing a felony delinquent to the department of youth services	6124
for care and custody in an institution or a community corrections	6125
facility when the juvenile court determines that the commitment is	6126
appropriate.	6127

Sec. 5139.50.  (A) The release authority of the department of	6128
youth services is hereby created as a bureau in the department.	6129
The release authority shall consist of five members who are	6130
appointed by the director of youth services and who have the	6131
qualifications specified in division (B) of this section. The	6132
members of the release authority shall devote their full time to	6133
the duties of the release authority and shall neither seek nor	6134
hold other public office. The members shall be in the unclassified	6135
civil service.	6136

(B) A person appointed as a member of the release authority	6137
shall have a bachelor's degree from an accredited college or	6138
university or equivalent relevant experience and shall have the	6139
skills, training, or experience necessary to analyze issues of	6140
law, administration, and public policy. The membership of the	6141
release authority shall represent, insofar as practicable, the	6142
diversity found in the children in the legal custody of the	6143
department of youth services.	6144

In appointing the five members, the director shall ensure	6145
that the appointments include all of the following:	6146

(1) At least four members who have five or more years of	6147
experience in criminal justice, juvenile justice, or an equivalent	6148
relevant profession;	6149

(2) At least one member who has experience in victim services	6150
or advocacy or who has been a victim of a crime or is a family	6151
member of a victim;	6152

(3) At least one member who has experience in direct care	6153
services to delinquent children.	6154

(C) The initial appointments of members of the release	6155
authority shall be for a term of six years for the chairperson and	6156
one member, a term of four years for two members, and a term of	6157
two years for one member. Thereafter, members shall be appointed	6158
for six-year terms until the effective date of this amendment,	6159
after which members shall be appointed for four-year terms. At the	6160
conclusion of a term, a member shall hold office until the	6161
appointment and qualification of the member's successor. The	6162
director shall fill a vacancy occurring before the expiration of a	6163
term for the remainder of that term and, if a member is on	6164
extended leave or disability status for more than thirty work	6165
days, may appoint an interim member to fulfill the duties of that	6166
member. A member may be reappointed, but a member may serve no	6167
more than two consecutive terms regardless of the length of the	6168
member's initial term. A member may be removed for good cause by	6169
the director.	6170

(D) The director of youth services shall designate as	6171
chairperson of the release authority one of the members who has	6172
experience in criminal justice, juvenile justice, or an equivalent	6173
relevant profession. The chairperson shall be a managing officer	6174
of the department, shall supervise the members of the board and	6175
the other staff in the bureau, and shall perform all duties and	6176
functions necessary to ensure that the release authority	6177
discharges its responsibilities. The chairperson shall serve as	6178
the official spokesperson for the release authority.	6179

(E) The release authority shall do all of the following:

6180

(1) Serve as the final and sole authority for making	6181
decisions, in the interests of public safety and the children	6182
involved, regarding the release and discharge of all children	6183
committed to the legal custody of the department of youth	6184
services, except children placed by a juvenile court on judicial	6185
release to court supervision or on judicial release to department	6186
of youth services supervision, children who have not completed a	6187
prescribed minimum period of time or prescribed period of time in	6188
a secure facility, or children who are required to remain in a	6189
secure facility until they attain twenty-one years of age;	6190

(2) Establish written policies and procedures for conducting	6191
reviews of the status for all youth in the custody of the	6192
department, setting or modifying dates of release and discharge,	6193
specifying the duration, terms, and conditions of release to be	6194
carried out in supervised release subject to the addition of	6195
additional consistent terms and conditions by a court in	6196
accordance with section 5139.51 of the Revised Code, and giving a	6197
child notice of all reviews;	6198

(3) Maintain records of its official actions, decisions,	6199
orders, and hearing summaries and make the records accessible in	6200
accordance with division (D) of section 5139.05 of the Revised	6201
Code;	6202

(4) Cooperate with public and private agencies, communities,	6203
private groups, and individuals for the development and	6204
improvement of its services;	6205

(5) Collect, develop, and maintain statistical information	6206
regarding its services and decisions;	6207

(6) Submit to the director an annual report that includes a	6208
description of the operations of the release authority, an	6209
evaluation of its effectiveness, recommendations for statutory,	6210
budgetary, or other changes necessary to improve its	6211
effectiveness, and any other information required by the director.	6212

(F) The release authority may do any of the following:

6213

(1) Conduct inquiries, investigations, and reviews and hold	6214
hearings and other proceedings necessary to properly discharge its	6215
responsibilities;	6216

(2) Issue subpoenas, enforceable in a court of law, to compel	6217
a person to appear, give testimony, or produce documentary	6218
information or other tangible items relating to a matter under	6219
inquiry, investigation, review, or hearing;	6220

(3) Administer oaths and receive testimony of persons under	6221
oath;	6222

(4) Request assistance, services, and information from a	6223
public agency to enable the authority to discharge its	6224
responsibilities and receive the assistance, services, and	6225
information from the public agency in a reasonable period of time;	6226

(5) Request from a public agency or any other entity that	6227
provides or has provided services to a child committed to the	6228
department's legal custody information to enable the release	6229
authority to properly discharge its responsibilities with respect	6230
to that child and receive the information from the public agency	6231
or other entity in a reasonable period of time.	6232

(G) The release authority may delegate responsibilities to	6233
hearing officers or other designated staff under the release	6234
authority's auspices. However, the release authority shall not	6235
delegate its authority to make final decisions regarding policy or	6236
the release of a child.	6237

The release authority shall adopt a written policy and	6238
procedures governing appeals of its release and discharge	6239
decisions.	6240

(H) The legal staff of the department of youth services shall	6241
provide assistance to the release authority in the formulation of	6242
policy and in its handling of individual cases.	6243

Sec. 5145.01.  Courts shall impose sentences to a state	6244
correctional institution for felonies pursuant to sections 2929.13	6245
and 2929.14 of the Revised Code. All prison terms may be ended in	6246
the manner provided by law, but no prison term shall exceed the	6247
maximum term provided for the felony of which the prisoner was	6248
convicted as extended pursuant to section 2929.141, 2967.11, or	6249
2967.28 of the Revised Code.	6250

If a prisoner is sentenced for two or more separate felonies,	6251
the prisoner's term of imprisonment shall run as a concurrent	6252
sentence, except if the consecutive sentence provisions of	6253
sections 2929.14 and 2929.41 of the Revised Code apply. If	6254
sentenced consecutively, for the purposes of sections 5145.01 to	6255
5145.27 of the Revised Code, the prisoner shall be held to be	6256
serving one continuous term of imprisonment.	6257

If a court imposes a sentence to a state correctional	6258
institution for a felony of the fourth or fifth degree, the	6259
department of rehabilitation and correction, notwithstanding the	6260
court's designation of a state correctional institution as the	6261
place of service of the sentence, may designate that the person	6262
sentenced is to be housed in a county, multicounty, municipal,	6263
municipal-county, or multicounty-municipal jail or workhouse if	6264
authorized pursuant to section 5120.161 of the Revised Code.	6265

If, through oversight or otherwise, a person is sentenced to	6266
a state correctional institution under a definite term for an	6267
offense for which a definite term of imprisonment is not provided	6268
by statute, the sentence shall not thereby become void, but the	6269
person shall be subject to the liabilities of such sections and	6270
receive the benefits thereof, as if the person had been sentenced	6271
in the manner required by this section.	6272

As used in this section, "prison term" has the same meaning	6273
as in section 2929.01 of the Revised Code.	6274

Sec. 5145.163. (A) As used in this section:

6275

(1) "Customer model enterprise" means an enterprise conducted	6276
under a federal prison industries enhancement certification	6277
program in which a private party participates in the enterprise	6278
only as a purchaser of goods and services.	6279

(2) "Employer model enterprise" means an enterprise conducted	6280
under a federal prison industries enhancement certification	6281
program in which a private party participates in the enterprise as	6282
an operator of the enterprise.	6283

(3) "Injury" means a diagnosable injury to an inmate	6284
supported by medical findings that it was sustained in the course	6285
of and arose out of authorized work activity that was an integral	6286
part of the inmate's participation in the Ohio penal industries	6287
program.	6288

(4) "Inmate" includesmeans any person who is committed to a	6289
detention facility, who is in the custody of the department of	6290
rehabilitation and correction, and who is participating in an	6291
approved assignmentOhio penal industries program that is under	6292
the federal prison industries enhancement certification program.	6293
"Inmate" does not include a prisoner confined within a detention	6294
facility operated by or for a political subdivision.	6295

(2)(5) "Federal prison industries enhancement certification	6296
program" means the program authorized pursuant to 18 U.S.C. 1761.	6297

(6) "Loss of earning capacity" means an impairment of the	6298
body of an inmate to a degree that makes the inmate unable to	6299
return to work activity under the Ohio penal industries program	6300
and results in a reduction of compensation earned by the inmate at	6301
the time the injury occurred.	6302

(B) Private employers who purchase goods made by inmates or	6303
utilize inmate labor in the production of goods under the federal	6304
prison industries enhancement certification programEvery inmate	6305
shall purchase and be solely responsible to providecovered by a	6306
policy of disability insurance for inmates participating in the	6307
programto provide benefits for loss of earning capacity due to an	6308
injury and for medical treatment of the injury following the	6309
inmate's release from prison. If the enterprise for which the	6310
inmate works is a customer model enterprise, Ohio penal industries	6311
shall purchase the policy. If the enterprise for which the inmate	6312
works is an employer model enterprise, the private participant	6313
shall purchase the policy. The person required to purchase the	6314
policy shall submit proof of coverage to the prison labor advisory	6315
board before the enterprise begins operation.	6316

(C) The policy of insurance required by this section shall	6317
provide benefit payments for any inmate who sustains a compensable	6318
injury while participating in the program. The benefit payments	6319
shall compensate the inmate for any temporary or permanent loss of	6320
earning capacity that results from a compensable injury and is	6321
present at the time of the inmate's releaseWithin ninety days	6322
after an inmate sustains an injury, the inmate may file a	6323
disability claim with the person required to purchase the policy	6324
of disability insurance. Upon the request of the insurer, the	6325
inmate shall be medically examined, and the insurer shall	6326
determine the inmate's entitlement to disability benefits based on	6327
the medical examination. The inmate shall accept or reject an	6328
award within thirty days after a determination of the inmate's	6329
entitlement to the award. TheIf the inmate accepts the award, the	6330
benefits shall be awardedpaid upon the inmate's release from	6331
prison by parole or final discharge. The policy of insurance shall	6332
provide coverage for injuries occurring during activities that are	6333
an integral part of the inmate's participation in the program	6334
production. The policy of insuranceThe amount of disability	6335
benefits payable to the inmate shall be reduced by sick leave	6336
benefits or other compensation for lost pay made by Ohio penal	6337
industries to the inmate due to an injury that rendered the inmate	6338
unable to work. An inmate shall not payreceive disability	6339
benefits for injuries occurring as the result of a fight, assault,	6340
horseplay, purposely self-inflicted injury, use of alcohol or	6341
controlled substances, misuse of prescription drugs, or other	6342
activity that is prohibited by the department's or institution's	6343
inmate conduct rules or the work rules of the private participant	6344
in the enterprise.	6345

(D) Private employers shall submit to the prison labor	6346
advisory board as a requirement for participation in the federal	6347
prison industries enhancement certification program proof of	6348
liability coverage that meets or exceeds the requirements set	6349
forth in 18 U.S.C. 1761(c)(3).	6350

(E) Inmates covered under this section are not employees of	6351
the department of rehabilitation and correction or the private	6352
employer. Nothing in this section shall be construed as creating a	6353
contract for hire between the inmate and any other entity	6354
participant in an enterprise.	6355

(F) Any(E) An inmate participating in the federal prison	6356
industries enhancement certification program is ineligible to	6357
receive compensation or benefits under Chapter 4121., 4123.,	6358
4127., or 4131. of the Revised Code for any injury, death, or	6359
occupational disease received in the course of, and arising out	6360
of, participation in thatthe Ohio penal industries program. Any	6361
claim for an injury arising from an inmate's participation in the	6362
program is specifically excluded from the jurisdiction of the Ohio	6363
bureau of workers' compensation and the industrial commission of	6364
Ohio.	6365

(G)(F) Any liabilitydisability benefit awarded for any	6366
injuryaward accepted by an inmate under this provisionsection	6367
shall be the inmate's exclusive remedy against the insurer, the	6368
private employerparticipant in an enterprise, and the state. If	6369
an inmate rejects an award or a disability claim is denied, the	6370
inmate may bring an action in the court of claims within the	6371
appropriate period of limitations.	6372

(H)(G) If any inmate awarded liabilitywho is paid disability	6373
benefits under this provisionsection is recommitted to the	6374
custody of the department of rehabilitation and correction	6375
reincarcerated, the benefits shall immediately cease but shall	6376
resume upon the inmate's subsequent parole or dischargerelease	6377
from incarceration.	6378

Sec. 5149.06. (A) One of the primary duties of the field	6379
services section is to assist the counties in developing their own	6380
probation services on either a single-county or multiple-county	6381
basis. The section, within limits of available personnel and	6382
funds, may supervise selected probationers from local courts.	6383

(B) The adult parole authority probation services fund shall	6384
be created in the state treasury. The fund shall consist of all	6385
moneys that are paid to the treasurer of any county under section	6386
2951.021 of the Revised Code for deposit into the county's	6387
probation services fund established under division (A)(1) of	6388
section 321.44 of the Revised Code and that subsequently are	6389
appropriated and transferred to the adult parole authority	6390
probation services fund under division (A)(2) of that section. The	6391
chief of the adult parole authority, with the approval of the	6392
director of the department of rehabilitation and correction, shall	6393
use the money contained in the adult parole authority probation	6394
services fund for probation-related expenses in the counties for	6395
which the authority provides probation services. Probation-related	6396
expenses may include specialized staff, purchase of equipment,	6397
purchase of services, reconciliation programs for victims and	6398
offenders, other treatment programs, including alcohol and drug	6399
addiction programs certified under section 3793.06 of the Revised	6400
Code, determined to be appropriate by the chief of the authority,	6401
and other similar probation-related expenses.	6402

Section 2.  That existing sections 9.06, 121.05, 124.11,	6403
309.02, 321.44, 341.192, 1713.34, 2921.36, 2929.01, 2929.13,	6404
2929.14, 2929.141, 2929.15, 2929.17, 2929.19, 2929.20, 2935.36,	6405
2943.032, 2949.12, 2951.021, 2951.041, 2953.08, 2953.13, 2967.03,	6406
2967.05, 2967.12, 2967.121, 2967.141, 2967.15, 2967.26, 2967.28,	6407
4507.51, 5120.52, 5120.63, 5120.66, 5139.02, 5139.18, 5139.281,	6408
5139.31, 5139.36, 5139.38, 5139.41, 5139.43, 5139.50, 5145.01,	6409
5145.163, and 5149.06 and section 2967.11 of the Revised Code	6410
is hereby repealed.	6411

Section 3. Section 5120.07 of the Revised Code is hereby	6412
repealed, effective December 31, 2011.	6413

Section 4. The items of law contained in this act, and their	6414
applications, are severable. If any item of law contained in this	6415
act, or if any application of any item of law contained in this	6416
act, is held invalid, the invalidity does not affect other items	6417
of law contained in this act and their applications that can be	6418
given effect without the invalid item of law or application.	6419