As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. 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 

Senators Seitz, Turner, Fedor, Harris, Lehner, Kearney, Miller, D., Miller, R., Morano, Niehaus, Padgett, Patton, Roberts, Sawyer, Schuler, Smith, Wilson, Boccieri, Cafaro 

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A BILL

To amend sections 9.06, 121.05, 124.11, 135.804,

1

321.44, 322.07, 323.151, 323.152, 323.153,

2

323.154, 323.155, 323.156, 323.159, 341.192,

3

1713.34, 2921.36, 2929.01, 2929.13, 2929.14,

4

2929.141, 2929.15, 2929.17, 2929.19, 2929.20,

5

2935.36, 2943.032, 2949.12, 2951.021, 2951.041,

6

2953.08, 2953.13, 2967.03, 2967.05, 2967.12,

7

2967.121, 2967.141, 2967.15, 2967.26, 2967.28,

8

3317.16, 4503.065, 4503.066, 4503.067, 4503.068,

9

4507.51, 4735.18, 5120.52, 5120.63, 5120.66,

10

5139.02, 5139.18, 5139.281, 5139.31, 5139.36,

11

5139.38, 5139.41, 5139.43, 5139.50, 5145.01,

12

5145.163, and 5149.06, to enact sections 9.871,

13

109.37, 2967.29, 4735.24, 4743.06, 5120.07,

14

5120.59, and 5120.70, and to repeal section

15

2967.11 of the Revised Code to modify sentencing

16

procedures with respect to post-release control

17

and related releases from prison, to conform the

18

Revised Code to the decision of the Ohio Supreme

19

Court in State ex rel. Bray v. Russell (2000),

20

89 Ohio St.3d 132 by removing provisions

21

related to bad time, to authorize courts to

22

participate in the supervision of released

23

prisoners, to provide released prisoners with

24

identification cards and additional procedures

25

for access to social services, to make other

26

changes relative to opportunities for prisoner

27

training and employment, to modify procedures

28

for the judicial or medical release of prisoners

29

and intervention in lieu of conviction, to grant

30

the Adult Parole Authority more flexibility in

31

determining periods of post-release control, to

32

adopt other cost-control measures, to create the

33

Ex-offender Reentry Coalition, to provide for

34

the indemnification of the Department of

35

Rehabilitation and Correction for legal costs

36

incurred in certain cases, to provide for legal

37

representation of Department employees charged

38

with offenses in certain cases until a grand jury

39

has acted, to create a fund for the deposit of

40

money received in certain federal law enforcement

41

cases, to authorize the Department to enter into

42

contracts to provide water and sewage treatment

43

services, to make other changes related to the

44

operations of the Department of Rehabilitation and

45

Correction, to clarify the duties of juvenile

46

parole officers, to establish reimbursement rates

47

paid by the Department of Youth Services for

48

outside medical providers, to authorize the

49

Director of Youth Services to designate a deputy

50

director, to modify the formula for expending

51

appropriations for the care and custody of felony

52

delinquents and the purposes for which money in

53

the Felony Delinquent Care and Custody Fund may be

54

used, to allow for unlimited reappointments of

55

members of the Release Authority, to make other

56

changes related to the operations of the

57

Department of Youth Services, to terminate the

58

ex-offender reentry coalition on December 31,

59

2011, by repealing section 5120.07 of the Revised

60

Code on that date, to modify the homestead

61

exemption, to modify how state funding for joint

62

vocational school districts is computed when a new

63

school district is added to the joint district,

64

and to establish requirements for the disbursement

65

of earnest money deposited in a real estate

66

broker's trust or special account.

67

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

Section 1.  That sections 9.06, 121.05, 124.11, 135.804,	68
321.44, 322.07, 323.151, 323.152, 323.153, 323.154, 323.155,	69
323.156, 323.159, 341.192, 1713.34, 2921.36, 2929.01, 2929.13,	70
2929.14, 2929.141, 2929.15, 2929.17, 2929.19, 2929.20, 2935.36,	71
2943.032, 2949.12, 2951.021, 2951.041, 2953.08, 2953.13,	72
2967.03, 2967.05, 2967.12, 2967.121, 2967.141, 2967.15, 2967.26,	73
2967.28, 3317.16, 4503.065, 4503.066, 4503.067, 4503.068, 4507.51,	74
4735.18, 5120.52, 5120.63, 5120.66, 5139.02, 5139.18, 5139.281,	75
5139.31, 5139.36, 5139.38, 5139.41, 5139.43, 5139.50, 5145.01,	76
5145.163, and 5149.06 be amended and sections 9.871, 109.37,	77
2967.29, 4735.24, 4743.06, 5120.07, 5120.59, and 5120.70 of the	78
Revised Code be enacted to read as follows:	79

Sec. 9.06.  (A)(1) The department of rehabilitation and	80
correction shall contract for the private operation and management	81
pursuant to this section of the initial intensive program prison	82
established pursuant to section 5120.033 of the Revised Code and	83
may contract for the private operation and management of any other	84
facility under this section. Counties and municipal corporations	85
to the extent authorized in sections 307.93, 341.35, 753.03, and	86
753.15 of the Revised Code, may contract for the private operation	87
and management of a facility under this section. A contract	88
entered into under this section shall be for an initial term of	89
not more than two years, with an option to renew for additional	90
periods of two years.	91

(2) The department of rehabilitation and correction, by rule,	92
shall adopt minimum criteria and specifications that a person or	93
entity, other than a person or entity that satisfies the criteria	94
set forth in division (A)(3)(a) of this section and subject to	95
division (I) of this section, must satisfy in order to apply to	96
operate and manage as a contractor pursuant to this section the	97
initial intensive program prison established pursuant to section	98
5120.033 of the Revised Code.	99

(3) Subject to division (I) of this section, any person or	100
entity that applies to operate and manage a facility as a	101
contractor pursuant to this section shall satisfy one or more of	102
the following criteria:	103

(a) The person or entity is accredited by the American	104
correctional association and, at the time of the application,	105
operates and manages one or more facilities accredited by the	106
American correctional association.	107

(b) The person or entity satisfies all of the minimum	108
criteria and specifications adopted by the department of	109
rehabilitation and correction pursuant to division (A)(2) of this	110
section, provided that this alternative shall be available only in	111
relation to the initial intensive program prison established	112
pursuant to section 5120.033 of the Revised Code.	113

(4) Subject to division (I) of this section, before a public	114
entity may enter into a contract under this section, the	115
contractor shall convincingly demonstrate to the public entity	116
that it can operate the facility with the inmate capacity required	117
by the public entity and provide the services required in this	118
section and realize at least a five per cent savings over the	119
projected cost to the public entity of providing these same	120
services to operate the facility that is the subject of the	121
contract. No out-of-state prisoners may be housed in any facility	122
that is the subject of a contract entered into under this section.	123

(B) Subject to division (I) of this section, any contract	124
entered into under this section shall include all of the	125
following:	126

(1) A requirement that the contractor retain the contractor's	127
accreditation from the American correctional association	128
throughout the contract term or, if the contractor applied	129
pursuant to division (A)(3)(b) of this section, continue complying	130
with the applicable criteria and specifications adopted by the	131
department of rehabilitation and correction pursuant to division	132
(A)(2) of this section;	133

(2) A requirement that all of the following conditions be	134
met:	135

(a) The contractor begins the process of accrediting the	136
facility with the American correctional association no later than	137
sixty days after the facility receives its first inmate.	138

(b) The contractor receives accreditation of the facility	139
within twelve months after the date the contractor applies to the	140
American correctional association for accreditation.	141

(c) Once the accreditation is received, the contractor	142
maintains it for the duration of the contract term.	143

(d) If the contractor does not comply with divisions	144
(B)(2)(a) to (c) of this section, the contractor is in violation	145
of the contract, and the public entity may revoke the contract at	146
its discretion.	147

(3) A requirement that the contractor comply with all rules	148
promulgated by the department of rehabilitation and correction	149
that apply to the operation and management of correctional	150
facilities, including the minimum standards for jails in Ohio and	151
policies regarding the use of force and the use of deadly force,	152
although the public entity may require more stringent standards,	153
and comply with any applicable laws, rules, or regulations of the	154
federal, state, and local governments, including, but not limited	155
to, sanitation, food service, safety, and health regulations. The	156
contractor shall be required to send copies of reports of	157
inspections completed by the appropriate authorities regarding	158
compliance with rules and regulations to the director of	159
rehabilitation and correction or the director's designee and, if	160
contracting with a local public entity, to the governing authority	161
of that entity.	162

(4) A requirement that the contractor report for	163
investigation all crimes in connection with the facility to the	164
public entity, to all local law enforcement agencies with	165
jurisdiction over the place at which the facility is located, and,	166
for a crime committed at a state correctional institution, to the	167
state highway patrol;	168

(5) A requirement that the contractor immediately report all	169
escapes from the facility, and the apprehension of all escapees,	170
by telephone and in writing to all local law enforcement agencies	171
with jurisdiction over the place at which the facility is located,	172
to the prosecuting attorney of the county in which the facility is	173
located, to the state highway patrol, to a daily newspaper having	174
general circulation in the county in which the facility is	175
located, and, if the facility is a state correctional institution,	176
to the department of rehabilitation and correction. The written	177
notice may be by either facsimile transmission or mail. A failure	178
to comply with this requirement regarding an escape is a violation	179
of section 2921.22 of the Revised Code.	180

(6) A requirement that, if the facility is a state	181
correctional institution, the contractor provide a written report	182
within specified time limits to the director of rehabilitation and	183
correction or the director's designee of all unusual incidents at	184
the facility as defined in rules promulgated by the department of	185
rehabilitation and correction or, if the facility is a local	186
correctional institution, that the contractor provide a written	187
report of all unusual incidents at the facility to the governing	188
authority of the local public entity;	189

(7) A requirement that the contractor maintain proper control	190
of inmates' personal funds pursuant to rules promulgated by the	191
department of rehabilitation and correction, for state	192
correctional institutions, or pursuant to the minimum standards	193
for jails along with any additional standards established by the	194
local public entity, for local correctional institutions, and that	195
records pertaining to these funds be made available to	196
representatives of the public entity for review or audit;	197

(8) A requirement that the contractor prepare and distribute	198
to the director of rehabilitation and correction or, if	199
contracting with a local public entity, to the governing authority	200
of the local entity, annual budget income and expenditure	201
statements and funding source financial reports;	202

(9) A requirement that the public entity appoint and	203
supervise a full-time contract monitor, that the contractor	204
provide suitable office space for the contract monitor at the	205
facility, and that the contractor allow the contract monitor	206
unrestricted access to all parts of the facility and all records	207
of the facility except the contractor's financial records;	208

(10) A requirement that if the facility is a state	209
correctional institution, designated department of rehabilitation	210
and correction staff members be allowed access to the facility in	211
accordance with rules promulgated by the department;	212

(11) A requirement that the contractor provide internal and	213
perimeter security as agreed upon in the contract;	214

(12) If the facility is a state correctional institution, a	215
requirement that the contractor impose discipline on inmates	216
housed in a state correctional institution, only in accordance	217
with rules promulgated by the department of rehabilitation and	218
correction;	219

(13) A requirement that the facility be staffed at all times	220
with a staffing pattern approved by the public entity and adequate	221
both to ensure supervision of inmates and maintenance of security	222
within the facility, and to provide for programs, transportation,	223
security, and other operational needs. In determining security	224
needs, the contractor shall be required to consider, among other	225
things, the proximity of the facility to neighborhoods and	226
schools.	227

(14) If the contract is with a local public entity, a	228
requirement that the contractor provide services and programs,	229
consistent with the minimum standards for jails promulgated by the	230
department of rehabilitation and correction under section 5120.10	231
of the Revised Code;	232

(15) A clear statement that no immunity from liability	233
granted to the state, and no immunity from liability granted to	234
political subdivisions under Chapter 2744. of the Revised Code,	235
shall extend to the contractor or any of the contractor's	236
employees;	237

(16) A statement that all documents and records relevant to	238
the facility shall be maintained in the same manner required for,	239
and subject to the same laws, rules, and regulations as apply to,	240
the records of the public entity;	241

(17) Authorization for the public entity to impose a fine on	242
the contractor from a schedule of fines included in the contract	243
for the contractor's failure to perform its contractual duties, or	244
to cancel the contract, as the public entity considers	245
appropriate. If a fine is imposed, the public entity may reduce	246
the payment owed to the contractor pursuant to any invoice in the	247
amount of the imposed fine.	248

(18) A statement that all services provided or goods produced	249
at the facility shall be subject to the same regulations, and the	250
same distribution limitations, as apply to goods and services	251
produced at other correctional institutions;	252

(19) Authorization for the department to establish one or	253
more prison industries at a facility operated and managed by a	254
contractor for the department;	255

(20) A requirement that, if the facility is an intensive	256
program prison established pursuant to section 5120.033 of the	257
Revised Code, the facility shall comply with all criteria for	258
intensive program prisons of that type that are set forth in that	259
section;	260

(21) If the institution is a state correctional institution,	261
a requirement that the contractor provide clothing for all inmates	262
housed in the facility that is conspicuous in its color, style, or	263
color and style, that conspicuously identifies its wearer as an	264
inmate, and that is readily distinguishable from clothing of a	265
nature that normally is worn outside the facility by non-inmates,	266
that the contractor require all inmates housed in the facility to	267
wear the clothing so provided, and that the contractor not permit	268
any inmate, while inside or on the premises of the facility or	269
while being transported to or from the facility, to wear any	270
clothing of a nature that does not conspicuously identify its	271
wearer as an inmate and that normally is worn outside the facility	272
by non-inmates.	273

(C) No contract entered into under this section may require,	274
authorize, or imply a delegation of the authority or	275
responsibility of the public entity to a contractor for any of the	276
following:	277

(1) Developing or implementing procedures for calculating	278
inmate release and parole eligibility dates and recommending the	279
granting or denying of parole, although the contractor may submit	280
written reports that have been prepared in the ordinary course of	281
business;	282

(2) Developing or implementing procedures for calculating and	283
awarding earned credits, approving the type of work inmates may	284
perform and the wage or earned credits, if any, that may be	285
awarded to inmates engaging in that work, and granting, denying,	286
or revoking earned credits;	287

(3) For inmates serving a term imposed for a felony offense	288
committed prior to July 1, 1996, or for a misdemeanor offense,	289
developing or implementing procedures for calculating and awarding	290
good time, approving the good time, if any, that may be awarded to	291
inmates engaging in work, and granting, denying, or revoking good	292
time;	293

(4) For inmates serving a term imposed for a felony offense	294
committed on or after July 1, 1996, extending an inmate's term	295
pursuant to the provisions of law governing bad time;	296

(5) Classifying an inmate or placing an inmate in a more or a	297
less restrictive custody than the custody ordered by the public	298
entity;	299

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

300

(7)(6) Contracting for local or long distance telephone	301
services for inmates or receiving commissions from those services	302
at a facility that is owned by or operated under a contract with	303
the department.	304

(D) A contractor that has been approved to operate a facility	305
under this section, and a person or entity that enters into a	306
contract for specialized services, as described in division (I) of	307
this section, relative to an intensive program prison established	308
pursuant to section 5120.033 of the Revised Code to be operated by	309
a contractor that has been approved to operate the prison under	310
this section, shall provide an adequate policy of insurance	311
specifically including, but not limited to, insurance for civil	312
rights claims as determined by a risk management or actuarial firm	313
with demonstrated experience in public liability for state	314
governments. The insurance policy shall provide that the state,	315
including all state agencies, and all political subdivisions of	316
the state with jurisdiction over the facility or in which a	317
facility is located are named as insured, and that the state and	318
its political subdivisions shall be sent any notice of	319
cancellation. The contractor may not self-insure.	320

A contractor that has been approved to operate a facility	321
under this section, and a person or entity that enters into a	322
contract for specialized services, as described in division (I) of	323
this section, relative to an intensive program prison established	324
pursuant to section 5120.033 of the Revised Code to be operated by	325
a contractor that has been approved to operate the prison under	326
this section, shall indemnify and hold harmless the state, its	327
officers, agents, and employees, and any local government entity	328
in the state having jurisdiction over the facility or ownership of	329
the facility, shall reimburse the state for its costs in defending	330
the state or any of its officers, agents, or employees, and shall	331
reimburse any local government entity of that nature for its costs	332
in defending the local government entity, from all of the	333
following:	334

(1) Any claims or losses for services rendered by the	335
contractor, person, or entity performing or supplying services in	336
connection with the performance of the contract;	337

(2) Any failure of the contractor, person, or entity or its	338
officers or employees to adhere to the laws, rules, regulations,	339
or terms agreed to in the contract;	340

(3) Any constitutional, federal, state, or civil rights claim	341
brought against the state related to the facility operated and	342
managed by the contractor;	343

(4) Any claims, losses, demands, or causes of action arising	344
out of the contractor's, person's, or entity's activities in this	345
state;	346

(5) Any attorney's fees or court costs arising from any	347
habeas corpus actions or other inmate suits that may arise from	348
any event that occurred at the facility or was a result of such an	349
event, or arise over the conditions, management, or operation of	350
the facility, which fees and costs shall include, but not be	351
limited to, attorney's fees for the state's representation and for	352
any court-appointed representation of any inmate, and the costs of	353
any special judge who may be appointed to hear those actions or	354
suits.	355

(E) Private correctional officers of a contractor operating	356
and managing a facility pursuant to a contract entered into under	357
this section may carry and use firearms in the course of their	358
employment only after being certified as satisfactorily completing	359
an approved training program as described in division (A) of	360
section 109.78 of the Revised Code.	361

(F) Upon notification by the contractor of an escape from, or	362
of a disturbance at, the facility that is the subject of a	363
contract entered into under this section, the department of	364
rehabilitation and correction and state and local law enforcement	365
agencies shall use all reasonable means to recapture escapees or	366
quell any disturbance. Any cost incurred by the state or its	367
political subdivisions relating to the apprehension of an escapee	368
or the quelling of a disturbance at the facility shall be	369
chargeable to and borne by the contractor. The contractor shall	370
also reimburse the state or its political subdivisions for all	371
reasonable costs incurred relating to the temporary detention of	372
the escapee following recapture.	373

(G) Any offense that would be a crime if committed at a state	374
correctional institution or jail, workhouse, prison, or other	375
correctional facility shall be a crime if committed by or with	376
regard to inmates at facilities operated pursuant to a contract	377
entered into under this section.	378

(H) A contractor operating and managing a facility pursuant	379
to a contract entered into under this section shall pay any inmate	380
workers at the facility at the rate approved by the public entity.	381
Inmates working at the facility shall not be considered employees	382
of the contractor.	383

(I) In contracting for the private operation and management	384
pursuant to division (A) of this section of the initial intensive	385
program prison established pursuant to section 5120.033 of the	386
Revised Code or of any other intensive program prison established	387
pursuant to that section, the department of rehabilitation and	388
correction may enter into a contract with a contractor for the	389
general operation and management of the prison and may enter into	390
one or more separate contracts with other persons or entities for	391
the provision of specialized services for persons confined in the	392
prison, including, but not limited to, security or training	393
services or medical, counseling, educational, or similar treatment	394
programs. If, pursuant to this division, the department enters	395
into a contract with a contractor for the general operation and	396
management of the prison and also enters into one or more	397
specialized service contracts with other persons or entities, all	398
of the following apply:	399

(1) The contract for the general operation and management	400
shall comply with all requirements and criteria set forth in this	401
section, and all provisions of this section apply in relation to	402
the prison operated and managed pursuant to the contract.	403

(2) Divisions (A)(2), (B), and (C) of this section do not	404
apply in relation to any specialized services contract, except to	405
the extent that the provisions of those divisions clearly are	406
relevant to the specialized services to be provided under the	407
specialized services contract. Division (D) of this section	408
applies in relation to each specialized services contract.	409

(J) As used in this section:

410

(1) "Public entity" means the department of rehabilitation	411
and correction, or a county or municipal corporation or a	412
combination of counties and municipal corporations, that has	413
jurisdiction over a facility that is the subject of a contract	414
entered into under this section.	415

(2) "Local public entity" means a county or municipal	416
corporation, or a combination of counties and municipal	417
corporations, that has jurisdiction over a jail, workhouse, or	418
other correctional facility used only for misdemeanants that is	419
the subject of a contract entered into under this section.	420

(3) "Governing authority of a local public entity" means, for	421
a county, the board of county commissioners; for a municipal	422
corporation, the legislative authority; for a combination of	423
counties and municipal corporationcorporations, all the boards of	424
county commissioners and municipal legislative authorities that	425
joined to create the facility.	426

(4) "Contractor" means a person or entity that enters into a	427
contract under this section to operate and manage a jail,	428
workhouse, or other correctional facility.	429

(5) "Facility" means the specific county, multicounty,	430
municipal, municipal-county, or multicounty-municipal jail,	431
workhouse, prison, or other type of correctional institution or	432
facility used only for misdemeanants, or a state correctional	433
institution, that is the subject of a contract entered into under	434
this section.	435

(6) "Person or entity" in the case of a contract for the	436
private operation and management of a state correctional	437
institution, includes an employee organization, as defined in	438
section 4117.01 of the Revised Code, that represents employees at	439
state correctional institutions.	440

Sec. 9.871. (A) If an employee of the department of	441
rehabilitation and correction is subject to criminal charges for	442
actions occurring within the scope and in the course of the	443
employee's assigned duties, and if the charges are dismissed or	444
the employee is acquitted of any wrongdoing as a result, the	445
employee may be indemnified for the reasonable cost of legal	446
representation. An employee shall request indemnification by	447
submitting a written request to the director of rehabilitation and	448
correction. The director shall determine whether to recommend	449
indemnification and shall transmit the recommendation to the	450
attorney general. The attorney general shall review the request,	451
the recommendation of the director, and any other information that	452
the attorney general may require and shall decide whether or not	453
the employee is to be indemnified.	454

(B) A decision of the attorney general made under division	455
(A) of this section is not subject to appeal or review in any	456
court or other forum. No person has a right of action against the	457
department of rehabilitation and correction in the court of claims	458
or any other court based on a decision of the attorney general	459
made under division (A) of this section.	460

(C) The indemnification of an employee of the department of	461
rehabilitation and correction pursuant to this section shall be	462
accomplished only through the following procedure:	463

(1) If the director of rehabilitation and correction	464
determines that the actions or omissions of the employee that gave	465
rise to the claim were within the scope of the employee's	466
employment and that the costs of legal representation should be	467
indemnified, the attorney general shall prepare an indemnity	468
agreement. The indemnity agreement shall specify that the	469
department of rehabilitation and correction will indemnify the	470
employee for the expenses of legal representation. The agreement	471
shall not be effective until it is approved by the employee, the	472
director, and the attorney general.	473

(2) The attorney general shall forward a copy of the	474
indemnity agreement to the director of budget and management.	475

(3) The director of budget and management shall charge any	476
indemnification paid pursuant to this section against available	477
unencumbered moneys in the appropriations of the department of	478
rehabilitation and correction. The director of budget and	479
management shall have sole discretion to determine whether or not	480
unencumbered moneys in a particular appropriation are available	481
for payment of the indemnification.	482

(4) The director of budget and management shall, upon receipt	483
of the agreement from the attorney general pursuant to division	484
(C)(1) of this section, provide for payment to the employee in the	485
amount specified in the agreement.	486

(5) If the director of budget and management determines that	487
sufficient unencumbered moneys do not exist in the particular	488
appropriations to pay the indemnification, the director of budget	489
and management shall make application for payment of the	490
indemnification out of the emergency purposes account or any other	491
appropriation for emergencies or contingencies, and payment out of	492
this account or other appropriation shall be authorized if there	493
are sufficient moneys greater than the sum total of then pending	494
emergency purposes account requests, or requests for releases from	495
the other appropriation.	496

(6) If sufficient moneys do not exist in the emergency	497
purposes account or any other appropriation for emergencies or	498
contingencies to pay the indemnification, the director of	499
rehabilitation and correction shall request the general assembly	500
to make an appropriation sufficient to pay the indemnification,	501
and no payment shall be made until the appropriation has been	502
made. The department shall make the appropriation request during	503
the current biennium and during each succeeding biennium until a	504
sufficient appropriation is made.	505

Sec. 109.37. (A) An employee of the department of	506
rehabilitation and correction may be represented in a criminal	507
proceeding by an attorney selected pursuant to division (B) of	508
this section when all of the following apply:	509

(1) The employee used deadly force that resulted in the death	510
of another.	511

(2) The use of deadly force occurred within the scope and in	512
the course of the employee's assigned duties.	513

(3) The employee's use of deadly force is being investigated	514
by a prosecuting attorney or other criminal investigating	515
authority for possible criminal charges.	516

(B) When all of the conditions set forth in division (A) of	517
this section apply, the employee may submit a request for legal	518
representation to the director of rehabilitation and correction.	519
If the director determines that all of the conditions in that	520
division apply, and if the director considers the requested legal	521
representation to be appropriate, the director may approve the	522
request and submit it to the attorney general. Upon receipt of the	523
request, the attorney general shall furnish the employee the names	524
of three attorneys who are admitted to the practice of law in this	525
state and are experienced in the defense of criminal charges. The	526
employee may select one of the attorneys to represent the employee	527
until the grand jury concludes its proceedings or the case is	528
disposed of before the grand jury concludes its proceedings.	529

(C) An attorney who represents an employee pursuant to	530
division (B) of this section shall be paid at the usual rate for	531
like services in the community in which the criminal proceedings	532
occur or at the usual rate paid to special counsel under section	533
109.07 of the Revised Code, as the attorney general decides. The	534
department of rehabilitation and correction shall pay the	535
attorney's compensation and all reasonable expenses and court	536
costs incurred in the defense of the employee. The attorney	537
general may adopt rules concerning the compensation of attorneys	538
pursuant to this division.	539

(D) If a criminal investigation described in division (A)(3)	540
of this section of an employee results in an indictment based on	541
the employee's use of deadly force, an attorney who represents the	542
employee pursuant to division (B) of this section may continue to	543
represent the employee in the criminal proceeding on any terms to	544
which the attorney and employee mutually agree. Subject to section	545
9.871 of the Revised Code, neither the attorney general nor the	546
department of rehabilitation and correction is obligated to	547
provide the employee with legal representation or to pay	548
attorney's fees, expenses, or court costs incurred by the employee	549
following the indictment of the employee.	550

(E) If an employee is represented by an attorney as	551
described in division (B) of this section and if the employee is	552
subsequently convicted of or pleads guilty to a criminal offense	553
based on the employee's use of deadly force, the attorney general	554
or the department of rehabilitation and correction may seek to	555
recover, including by means of a civil action, from the employee	556
the costs of legal representation paid by the department pursuant	557
to division (B) of this section.	558

Sec. 121.05.  Except as otherwise provided in this section,	559
in each department, there shall be an assistant director	560
designated by the director of that department. In the department	561
of health, there shall be two assistant directors, each of whom	562
shall be designated by the director of health. In the department	563
of transportation, there shall be an assistant director for	564
business management, an assistant director for field operations,	565
and an assistant director for transportation policy, each of whom	566
shall be designated by the director of transportation. In the	567
department of insurance, the deputy superintendent of insurance	568
shall be the assistant director. In the department of	569
administrative services, there shall be two assistant directors,	570
each of whom shall be designated by the director of administrative	571
services. In the department of commerce, there shall be two	572
assistant directors, each of whom shall be designated by the	573
director of commerce. In the department of humanjob and family	574
services, there may be up to two assistant directors, each of whom	575
shall be designated by the director of humanjob and family	576
services. In each department with an assistant director, the	577
assistant director shall act as director in the absence or	578
disability of the director and also shall act as director when the	579
position of director is vacant, except that in the department of	580
transportation, the department of health, the department of	581
commerce, the department of administrative services, and the	582
department of humanjob and family services, the director shall	583
designate which assistant director shall act as director in the	584
director's absence. In each department without an assistant	585
director, the director shall designate a deputy director to act as	586
director in the absence or disability of the director.	587

A director may designate any of the director's assistant	588
directors or a deputy director to serve in the director's place as	589
a member of any board, committee, authority, or commission of	590
which the director is, by law, a member. The designee, when	591
present, shall be counted in determining whether a quorum is	592
present at any meeting. The designee may vote and participate in	593
all proceedings and actions of the board, committee, authority, or	594
commission, provided that the designee shall not execute or cause	595
a facsimile of the designee's signature to be placed on any	596
obligation, or execute any trust agreement or indenture. The	597
designation shall be in writing, executed by the designating	598
director, filed with the secretary of the board, committee,	599
authority, or commission, and shall be in effect until withdrawn	600
or superseded by a new designation.	601

Sec. 124.11.  The civil service of the state and the several	602
counties, cities, civil service townships, city health districts,	603
general health districts, and city school districts of the state	604
shall be divided into the unclassified service and the classified	605
service.	606

(A) The unclassified service shall comprise the following	607
positions, which shall not be included in the classified service,	608
and which shall be exempt from all examinations required by this	609
chapter:	610

(1) All officers elected by popular vote or persons appointed	611
to fill vacancies in those offices;	612

(2) All election officers as defined in section 3501.01 of	613
the Revised Code;	614

(3)(a) The members of all boards and commissions, and heads	615
of principal departments, boards, and commissions appointed by the	616
governor or by and with the governor's consent;	617

(b) The heads of all departments appointed by a board of	618
county commissioners;	619

(c) The members of all boards and commissions and all heads	620
of departments appointed by the mayor, or, if there is no mayor,	621
such other similar chief appointing authority of any city or city	622
school district;	623

Except as otherwise provided in division (A)(17) or (C) of	624
this section, this chapter does not exempt the chiefs of police	625
departments and chiefs of fire departments of cities or civil	626
service townships from the competitive classified service.	627

(4) The members of county or district licensing boards or	628
commissions and boards of revision, and not more than five deputy	629
county auditors;	630

(5) All officers and employees elected or appointed by either	631
or both branches of the general assembly, and employees of the	632
city legislative authority engaged in legislative duties;	633

(6) All commissioned, warrant, and noncommissioned officers	634
and enlisted persons in the Ohio organized militia, including	635
military appointees in the adjutant general's department;	636

(7)(a) All presidents, business managers, administrative	637
officers, superintendents, assistant superintendents, principals,	638
deans, assistant deans, instructors, teachers, and such employees	639
as are engaged in educational or research duties connected with	640
the public school system, colleges, and universities, as	641
determined by the governing body of the public school system,	642
colleges, and universities;	643

(b) The library staff of any library in the state supported	644
wholly or in part at public expense.	645

(8) Four clerical and administrative support employees for	646
each of the elective state officers, four clerical and	647
administrative support employees for each board of county	648
commissioners and one such employee for each county commissioner,	649
and four clerical and administrative support employees for other	650
elective officers and each of the principal appointive executive	651
officers, boards, or commissions, except for civil service	652
commissions, that are authorized to appoint such clerical and	653
administrative support employees;	654

(9) The deputies and assistants of state agencies authorized	655
to act for and on behalf of the agency, or holding a fiduciary or	656
administrative relation to that agency and those persons employed	657
by and directly responsible to elected county officials or a	658
county administrator and holding a fiduciary or administrative	659
relationship to such elected county officials or county	660
administrator, and the employees of such county officials whose	661
fitness would be impracticable to determine by competitive	662
examination, provided that division (A)(9) of this section shall	663
not affect those persons in county employment in the classified	664
service as of September 19, 1961. Nothing in division (A)(9) of	665
this section applies to any position in a county department of job	666
and family services created pursuant to Chapter 329. of the	667
Revised Code.	668

(10) Bailiffs, constables, official stenographers, and	669
commissioners of courts of record, deputies of clerks of the	670
courts of common pleas who supervise or who handle public moneys	671
or secured documents, and such officers and employees of courts of	672
record and such deputies of clerks of the courts of common pleas	673
as the director of administrative services finds it impracticable	674
to determine their fitness by competitive examination;	675

(11) Assistants to the attorney general, special counsel	676
appointed or employed by the attorney general, assistants to	677
county prosecuting attorneys, and assistants to city directors of	678
law;	679

(12) Such teachers and employees in the agricultural	680
experiment stations; such students in normal schools, colleges,	681
and universities of the state who are employed by the state or a	682
political subdivision of the state in student or intern	683
classifications; and such unskilled labor positions as the	684
director of administrative services or any municipal civil service	685
commission may find it impracticable to include in the competitive	686
classified service; provided such exemptions shall be by order of	687
the commission or the director, duly entered on the record of the	688
commission or the director with the reasons for each such	689
exemption;	690

(13) Any physician or dentist who is a full-time employee of	691
the department of mental health, the department of mental	692
retardation and developmental disabilities, or an institution	693
under the jurisdiction of either department; and physicians who	694
are in residency programs at the institutions;	695

(14) Up to twenty positions at each institution under the	696
jurisdiction of the department of mental health or the department	697
of mental retardation and developmental disabilities that the	698
department director determines to be primarily administrative or	699
managerial; and up to fifteen positions in any division of either	700
department, excluding administrative assistants to the director	701
and division chiefs, which are within the immediate staff of a	702
division chief and which the director determines to be primarily	703
and distinctively administrative and managerial;	704

(15) Noncitizens of the United States employed by the state,	705
or its counties or cities, as physicians or nurses who are duly	706
licensed to practice their respective professions under the laws	707
of this state, or medical assistants, in mental or chronic disease	708
hospitals, or institutions;	709

(16) Employees of the governor's office;

710

(17) Fire chiefs and chiefs of police in civil service	711
townships appointed by boards of township trustees under section	712
505.38 or 505.49 of the Revised Code;	713

(18) Executive directors, deputy directors, and program	714
directors employed by boards of alcohol, drug addiction, and	715
mental health services under Chapter 340. of the Revised Code, and	716
secretaries of the executive directors, deputy directors, and	717
program directors;	718

(19) Superintendents, and management employees as defined in	719
section 5126.20 of the Revised Code, of county boards of mental	720
retardation and developmental disabilities;	721

(20) Physicians, nurses, and other employees of a county	722
hospital who are appointed pursuant to sections 339.03 and 339.06	723
of the Revised Code;	724

(21) The executive director of the state medical board, who	725
is appointed pursuant to division (B) of section 4731.05 of the	726
Revised Code;	727

(22) County directors of job and family services as provided	728
in section 329.02 of the Revised Code and administrators appointed	729
under section 329.021 of the Revised Code;	730

(23) A director of economic development who is hired pursuant	731
to division (A) of section 307.07 of the Revised Code;	732

(24) Chiefs of construction and compliance, of operations and	733
maintenance, and of licensing and certification in the division of	734
industrial compliance in the department of commerce;	735

(25) The executive director of a county transit system	736
appointed under division (A) of section 306.04 of the Revised	737
Code;	738

(26) Up to five positions at each of the administrative	739
departments listed in section 121.02 of the Revised Code and at	740
the department of taxation, department of the adjutant general,	741
department of education, Ohio board of regents, bureau of workers'	742
compensation, industrial commission, state lottery commission, and	743
public utilities commission of Ohio that the head of that	744
administrative department or of that other state agency determines	745
to be involved in policy development and implementation. The head	746
of the administrative department or other state agency shall set	747
the compensation for employees in these positions at a rate that	748
is not less than the minimum compensation specified in pay range	749
41 but not more than the maximum compensation specified in pay	750
range 44 of salary schedule E-2 in section 124.152 of the Revised	751
Code. The authority to establish positions in the unclassified	752
service under division (A)(26) of this section is in addition to	753
and does not limit any other authority that an administrative	754
department or state agency has under the Revised Code to establish	755
positions, appoint employees, or set compensation.	756

(27) Employees of the department of agriculture employed	757
under section 901.09 of the Revised Code;	758

(28) For cities, counties, civil service townships, city	759
health districts, general health districts, and city school	760
districts, the deputies and assistants of elective or principal	761
executive officers authorized to act for and in the place of their	762
principals or holding a fiduciary relation to their principals;	763

(29) Employees who receive intermittent or temporary	764
appointments under division (B) of section 124.30 of the Revised	765
Code;	766

(30) Employees appointed to administrative staff positions	767
for which an appointing authority is given specific statutory	768
authority to set compensation;	769

(31) Employees appointed to highway patrol cadet or highway	770
patrol cadet candidate classifications;	771

(32) Employees placed in the unclassified service by another	772
section of the Revised Code.	773

(B) The classified service shall comprise all persons in the	774
employ of the state and the several counties, cities, city health	775
districts, general health districts, and city school districts of	776
the state, not specifically included in the unclassified service.	777
Upon the creation by the board of trustees of a civil service	778
township civil service commission, the classified service shall	779
also comprise, except as otherwise provided in division (A)(17) or	780
(C) of this section, all persons in the employ of a civil service	781
township police or fire department having ten or more full-time	782
paid employees. The classified service consists of two classes,	783
which shall be designated as the competitive class and the	784
unskilled labor class.	785

(1) The competitive class shall include all positions and	786
employments in the state and the counties, cities, city health	787
districts, general health districts, and city school districts of	788
the state, and, upon the creation by the board of trustees of a	789
civil service township of a township civil service commission, all	790
positions in a civil service township police or fire department	791
having ten or more full-time paid employees, for which it is	792
practicable to determine the merit and fitness of applicants by	793
competitive examinations. Appointments shall be made to, or	794
employment shall be given in, all positions in the competitive	795
class that are not filled by promotion, reinstatement, transfer,	796
or reduction, as provided in this chapter, and the rules of the	797
director of administrative services, by appointment from those	798
certified to the appointing officer in accordance with this	799
chapter.	800

(2) The unskilled labor class shall include ordinary	801
unskilled laborers. Vacancies in the labor class for positions in	802
service of the state shall be filled by appointment from lists of	803
applicants registered by the director. Vacancies in the labor	804
class for all other positions shall be filled by appointment from	805
lists of applicants registered by a commission. The director or	806
the commission, as applicable, by rule, shall require an applicant	807
for registration in the labor class to furnish evidence or take	808
tests as the director or commission considers proper with respect	809
to age, residence, physical condition, ability to labor, honesty,	810
sobriety, industry, capacity, and experience in the work or	811
employment for which application is made. Laborers who fulfill the	812
requirements shall be placed on the eligible list for the kind of	813
labor or employment sought, and preference shall be given in	814
employment in accordance with the rating received from that	815
evidence or in those tests. Upon the request of an appointing	816
officer, stating the kind of labor needed, the pay and probable	817
length of employment, and the number to be employed, the director	818
or commission, as applicable, shall certify from the highest on	819
the list double the number to be employed; from this number, the	820
appointing officer shall appoint the number actually needed for	821
the particular work. If more than one applicant receives the same	822
rating, priority in time of application shall determine the order	823
in which their names shall be certified for appointment.	824

(C) A municipal or civil service township civil service	825
commission may place volunteer firefighters who are paid on a	826
fee-for-service basis in either the classified or the unclassified	827
civil service.	828

(D) This division does not apply to persons in the	829
unclassified service who have the right to resume positions in the	830
classified service under sections 4121.121, 5119.071, 5120.07,	831
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	832
Revised Code.	833

An appointing authority whose employees are paid directly by	834
warrant of the director of budget and management may appoint a	835
person who holds a certified position in the classified service	836
within the appointing authority's agency to a position in the	837
unclassified service within that agency. A person appointed	838
pursuant to this division to a position in the unclassified	839
service shall retain the right to resume the position and status	840
held by the person in the classified service immediately prior to	841
the person's appointment to the position in the unclassified	842
service, regardless of the number of positions the person held in	843
the unclassified service. An employee's right to resume a position	844
in the classified service may only be exercised when an appointing	845
authority demotes the employee to a pay range lower than the	846
employee's current pay range or revokes the employee's appointment	847
to the unclassified service. An employee forfeits the right to	848
resume a position in the classified service when the employee is	849
removed from the position in the unclassified service due to	850
incompetence, inefficiency, dishonesty, drunkenness, immoral	851
conduct, insubordination, discourteous treatment of the public,	852
neglect of duty, violation of this chapter or the rules of the	853
director of administrative services, any other failure of good	854
behavior, any other acts of misfeasance, malfeasance, or	855
nonfeasance in office, or conviction of a felony. An employee also	856
forfeits the right to resume a position in the classified service	857
upon transfer to a different agency.	858

Reinstatement to a position in the classified service shall	859
be to a position substantially equal to that position in the	860
classified service held previously, as certified by the director	861
of administrative services. If the position the person previously	862
held in the classified service has been placed in the unclassified	863
service or is otherwise unavailable, the person shall be appointed	864
to a position in the classified service within the appointing	865
authority's agency that the director of administrative services	866
certifies is comparable in compensation to the position the person	867
previously held in the classified service. Service in the position	868
in the unclassified service shall be counted as service in the	869
position in the classified service held by the person immediately	870
prior to the person's appointment to the position in the	871
unclassified service. When a person is reinstated to a position in	872
the classified service as provided in this division, the person is	873
entitled to all rights, status, and benefits accruing to the	874
position in the classified service during the person's time of	875
service in the position in the unclassified service.	876

Sec. 135.804.  As used in sections 135.804 to 135.807 of the	877
Revised Code:	878

(A) "Taxes" has the same meaning as in section 323.01 of the	879
Revised Code.	880

(B) "Eligible borrower" means a person meeting all of the	881
following:	882

(1) The person is the owner of a homestead that is not	883
charged with more than two years' worth of certified delinquent	884
taxes.	885

(2) The person had total income in the year prior to	886
submitting an application for a reduced rate loan under a property	887
tax payment linked deposit program of the lesser of fifty thousand	888
dollars or the total income limit established pursuant to section	889
135.805 of the Revised Code by the board of county commissioners	890
as an eligibility requirement for participation in a property tax	891
payment linked deposit program.	892

(3) The person meets all other eligibility requirements	893
established pursuant to section 135.805 of the Revised Code by the	894
board of county commissioners for participation in a property tax	895
payment linked deposit program.	896

(C) "Eligible lending institution" means a financial	897
institution that meets all of the following:	898

(1) The financial institution is eligible to make loans to	899
individuals that are secured by mortgages, including mortgages	900
commonly known as reverse mortgages.	901

(2) The financial institution has an office located within	902
the territorial limits of the county.	903

(3) The financial institution is an eligible public	904
depository described in section 135.32 of the Revised Code into	905
which the county's investing authority may deposit the public	906
moneys of the county.	907

(4) The financial institution has entered into an agreement	908
described in division (B)(4) of section 135.805 of the Revised	909
Code with the investing authority of the county to participate in	910
the property tax payment linked deposit program.	911

(D)(1) "Homestead" means either of the following:

912

(1)(a) A dwelling, including a unit in a multiple-unit	913
dwelling and a manufactured home or mobile home taxed as real	914
property pursuant to division (B) of section 4503.06 of the	915
Revised Code, owned and occupied as a home by an individual whose	916
domicile is in this state and who has not acquired ownership from	917
a person, other than the individual's spouse, related by	918
consanguinity or affinity for the purpose of qualifying for a	919
property tax payment linked deposit program.	920

(2)(b) A unit in a housing cooperative that is occupied as a	921
home, but not owned, by an individual whose domicile is in this	922
state.	923

(2) The homestead shall include so much of the land	924
surrounding it, not exceeding one acre, as is reasonably necessary	925
for the use of the dwelling or unit as a home. An owner includes a	926
holder of one of the several estates in fee, a vendee in	927
possession under a purchase agreement or a land contract, a	928
mortgagor, a life tenant, one or more tenants with a right of	929
survivorship, tenants in common, and a settlor of a revocable or	930
irrevocable inter vivos trust holding the title to a homestead	931
occupied by the settlor as of right under the trust.	932

(E) "Housing cooperative" means a housing complex of at least	933
two hundred fifty units that is owned and operated by a nonprofit	934
corporation that issues a share of the corporation's stock to an	935
individual, entitling the individual to live in a unit of the	936
complex, and collects a monthly maintenance fee from the	937
individual to maintain, operate, and pay the taxes of the complex.	938

(F) "Investing authority" and "public moneys" have the same	939
meanings as in section 135.31 of the Revised Code.	940

(G) "Lien certificate" means the certificate described in	941
section 135.807 of the Revised Code.	942

(H) "Old age and survivors benefits received pursuant to the	943
'Social Security Act'" or "tier I railroad retirement benefits	944
received pursuant to the 'Railroad Retirement Act'" means:	945

(1) Old age benefits payable under the social security or	946
railroad retirement laws in effect on the last day of the calendar	947
year prior to the year for which a reduced rate loan under a	948
property tax payment linked deposit program is applied for, or, if	949
no such benefits are payable that year, old age benefits payable	950
the first succeeding year in which old age benefits under the	951
social security or railroad retirement laws are payable, except in	952
those cases where a change in social security or railroad	953
retirement benefits results in a reduction in income.	954

(2) The lesser of:

955

(a) Survivors benefits payable under the social security or	956
railroad retirement laws in effect on the last day of the calendar	957
year prior to the year for which a reduced rate loan under a	958
property tax payment linked deposit program is applied for, or, if	959
no such benefits are payable that year, survivors benefits payable	960
the first succeeding year in which survivors benefits are payable;	961
or	962

(b) Old age benefits of the deceased spouse, as determined	963
under division (H)(1) of this section, upon which the surviving	964
spouse's survivors benefits are based under the social security or	965
railroad retirement laws, except in those cases where a change in	966
benefits would cause a reduction in income.	967

Survivors benefits are those described in division (H)(2)(b)	968
of this section only if the deceased spouse received old age	969
benefits in the year in which the deceased spouse died. If the	970
deceased spouse did not receive old age benefits in the year in	971
which the deceased spouse died, then survivors benefits are those	972
described in division (H)(2)(a) of this section.	973

(I) "Permanently and totally disabled" means a person who, on	974
the first day of January of the year that a reduced rate loan	975
under a property tax payment linked deposit program is applied	976
for, has some impairment in body or mind that makes the person	977
unable to work at any substantially remunerative employment that	978
the person reasonably is able to perform and that will, with	979
reasonable probability, continue for an indefinite period of at	980
least twelve months without any present indication of recovery	981
therefrom or has been certified as permanently and totally	982
disabled by a state or federal agency having the function of so	983
classifying persons.	984

(J) "Property tax payment linked deposit program" means a	985
county-widecountywide program authorized under section 135.805 of	986
the Revised Code and established by the board of county	987
commissioners of a county pursuant to that section.	988

(K) "Sixty-five years of age or older" means a person who has	989
attained age sixty-four prior to the first day of January of the	990
year of application for a reduced rate loan under a property tax	991
payment linked deposit program.	992

(L) "Total income" means the adjusted gross income of the	993
owner and the owner's spouse for the year preceding the year in	994
which application for a reduced rate loan under a property tax	995
payment linked deposit program is made, as determined under the	996
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	997
amended, adjusted as follows:	998

(1) Subtract the amount of disability benefits included in	999
adjusted gross income, but not to exceed fifty-two hundred	1000
dollars;	1001

(2) Add old age and survivors benefits received pursuant to	1002
the "Social Security Act" that are not included in adjusted gross	1003
income;	1004

(3) Add retirement, pension, annuity, or other retirement	1005
payments or benefits not included in adjusted gross income;	1006

(4) Add tier I and tier II railroad retirement benefits	1007
received pursuant to the "Railroad Retirement Act," 50 Stat. 307,	1008
45 U.S.C.A. 228;	1009

(5) Add interest on federal, state, and local government	1010
obligations;	1011

(6) For a person who received a reduced rate loan under a	1012
property tax payment linked deposit program for a prior year on	1013
the basis of being permanently and totally disabled and whose	1014
current application for a reduced rate loan is made on the basis	1015
of age, subtract the following amount:	1016

(a) If the person received disability benefits that were not	1017
included in adjusted gross income in the year preceding the first	1018
year in which the person applied for a reduced rate loan on the	1019
basis of age, subtract an amount equal to the disability benefits	1020
the person received in that preceding year, to the extent included	1021
in total income in the current year and not subtracted under	1022
division (L)(1) of this section in the current year;	1023

(b) If the person received disability benefits that were	1024
included in adjusted gross income in the year preceding the first	1025
year in which the person applied for a reduced rate loan on the	1026
basis of age, subtract an amount equal to the amount of disability	1027
benefits that were subtracted pursuant to division (L)(1) of this	1028
section in that preceding year, to the extent included in total	1029
income in the current year and not subtracted under division	1030
(L)(1) of this section in the current year.	1031

Disability benefits that are paid by the department of	1032
veterans affairs or a branch of the armed forces of the United	1033
States on account of an injury or disability shall not be included	1034
in total income.	1035

Sec. 321.44.  (A)(1) A county probation services fund shall	1036
be established in the county treasury of each county. The fund a	1037
county establishes under this division shall contain all moneys	1038
paid to the treasurer of the county under section 2951.021 of the	1039
Revised Code for deposit into the fund. The moneys paid into the	1040
fund shall be deposited by the treasurer of the county into the	1041
appropriate account established under divisions (A)(1)(a) to (d)	1042
of this section. Separate accounts shall be maintained in	1043
accordance with the following criteria in the fund a county	1044
establishes under this division:	1045

(a) If a county department of probation is established in the	1046
county, a separate account shall be maintained in the fund for the	1047
county department of probation.	1048

(b) If the judges of the court of common pleas of the county	1049
have affiliated with the judges of the court of common pleas of	1050
one or more other counties and have established a multicounty	1051
department of probation, a separate account shall be maintained in	1052
the fund for the multicounty department of probation.	1053

(c) If a department of probation is established in a	1054
county-operated municipal court that has jurisdiction within the	1055
county, a separate account shall be maintained in the fund for the	1056
municipal court department of probation.	1057

(d) If a county department of probation has not been	1058
established in the county and if the court of common pleas of the	1059
county, pursuant to section 2301.32 of the Revised Code, has	1060
entered into an agreement with the adult parole authority under	1061
which the court may place defendants under a community control	1062
sanction in charge of the authority, a separate account shall be	1063
maintained in the fund for the adult parole authoritycourt of	1064
common pleas.	1065

(2) For any county, if a county department of probation is	1066
established in the county or if a department of probation is	1067
established in a county-operated municipal court that has	1068
jurisdiction within the county, the board of county commissioners	1069
of the county shall appropriate to the county department of	1070
probation or municipal court department of probation all money	1071
that is contained in the department's account in the county	1072
probation services fund established in the county for use only for	1073
specialized staff, purchase of equipment, purchase of services,	1074
reconciliation programs for offenders and victims, other treatment	1075
programs, including alcohol and drug addiction programs certified	1076
under section 3793.06 of the Revised Code, determined to be	1077
appropriate by the chief probation officer of the department of	1078
probation, and other similar expenses related to placing offenders	1079
under a community control sanction.	1080

For any county, if the judges of the court of common pleas of	1081
the county have affiliated with the judges of the court of common	1082
pleas of one or more other counties and have established a	1083
multicounty department of probation to serve the counties, the	1084
board of county commissioners of the county shall appropriate and	1085
the county treasurer shall transfer to the multicounty probation	1086
services fund established for the multicounty department of	1087
probation under division (B) of this section all money that is	1088
contained in the multicounty department of probation account in	1089
the county probation services fund established in the county for	1090
use in accordance with that division.	1091

For any county, if a county department of probation has not	1092
been established in the county and if the court of common pleas of	1093
the county, pursuant to section 2301.32 of the Revised Code, has	1094
entered into an agreement with the adult parole authority under	1095
which the court may place defendants under a community control	1096
sanction in charge of the authority, the board of county	1097
commissioners of the county shall appropriate and the county	1098
treasurer shall transfer to the adult parole authority probation	1099
services fund established under section 5149.06 of the Revised	1100
Codecourt all money that is contained in the adult parole	1101
authoritycourt's account in the county probation services fund	1102
established in the county for use in accordance with section	1103
5149.06 of the Revised Codeonly for specialized staff, purchase	1104
of equipment, purchase of services, reconciliation programs for	1105
offenders and victims, other treatment and recovery support	1106
services, including properly credentialed treatment and recovery	1107
support services program providers or those certified under	1108
section 3793.06 of the Revised Code, determined to be appropriate	1109
by the authority, and other similar uses related to placing	1110
offenders under a community control sanction.	1111

(B) If the judges of the courts of common pleas of two or	1112
more counties have established a multicounty department of	1113
probation, a multicounty probation services fund shall be	1114
established in the county treasury of the county whose treasurer,	1115
in accordance with section 2301.27 of the Revised Code, is	1116
designated by the judges of the courts of common pleas as the	1117
treasurer to whom monthly supervision fees are to be appropriated	1118
and transferred under division (A)(2) of this section for deposit	1119
into the fund. The fund shall contain all moneys that are paid to	1120
the treasurer of any member county under section 2951.021 of the	1121
Revised Code for deposit into the county's probation services fund	1122
and that subsequently are appropriated and transferred to the	1123
multicounty probation services fund under division (A)(2) of this	1124
section. The board of county commissioners of the county in which	1125
the multicounty probation services fund is established shall	1126
appropriate the money contained in that fund to the multicounty	1127
department of probation, for use only for specialized staff,	1128
purchase of equipment, purchase of services, reconciliation	1129
programs for offenders and victims, other treatment programs,	1130
including alcohol and drug addiction programs certified under	1131
section 3793.06 of the Revised Code, determined to be appropriate	1132
by the chief probation officer, and for other similar expenses	1133
related to placing offenders under a community control sanction.	1134

(C) Any money in a county or multicounty probation services	1135
fund at the end of a fiscal year shall not revert to the general	1136
fund of the county but shall be retained in the fund.	1137

(D) As used in this section:

1138

(1) "County-operated municipal court" has the same meaning as	1139
in section 1901.03 of the Revised Code.	1140

(2) "Multicounty department of probation" means a probation	1141
department established under section 2301.27 of the Revised Code	1142
to serve more than one county.	1143

(3) "Community control sanction" has the same meaning as in	1144
section 2929.01 of the Revised Code.	1145

Sec. 322.07.  (A) By resolution the board of county	1146
commissioners may prescribe a lower rate for the real property	1147
transfer tax levied under section 322.02 of the Revised Code than	1148
the uniform rate that is otherwise levied. The lower rate shall	1149
apply to any deed conveying a homestead for which the grantor has	1150
obtained a certificate of reduction in taxes under section 323.154	1151
of the Revised Code forreceiving a reduction in taxes under	1152
division (A) of section 323.152 of the Revised Code.	1153

(B) A board of county commissioners that prescribes a lower	1154
real property transfer tax rate under division (A) of this section	1155
shall prescribe the same lower rate for the manufactured home	1156
transfer tax if it levies a manufactured home transfer tax under	1157
section 322.06 of the Revised Code. The lower manufactured home	1158
transfer tax rate shall apply to any certificate of title	1159
conveying a used manufactured or used mobile home for which the	1160
grantor has obtained a certificate ofreceiving a reduction in	1161
assessable value under section 4503.0674503.065 of the Revised	1162
Code.	1163

Sec. 323.151.  As used in sections 323.151 to 323.159 of the	1164
Revised Code:	1165

(A)(1) "Homestead" means either of the following:

1166

(1)(a) A dwelling, including a unit in a multiple-unit	1167
dwelling and a manufactured home or mobile home taxed as real	1168
property pursuant to division (B) of section 4503.06 of the	1169
Revised Code, owned and occupied as a home by an individual whose	1170
domicile is in this state and who has not acquired ownership from	1171
a person, other than the individual's spouse, related by	1172
consanguinity or affinity for the purpose of qualifying for the	1173
real property tax reduction provided in section 323.152 of the	1174
Revised Code.	1175

(2)(b) A unit in a housing cooperative that is occupied as a	1176
home, but not owned, by an individual whose domicile is in this	1177
state.	1178

(2) The homestead shall include so much of the land	1179
surrounding it, not exceeding one acre, as is reasonably necessary	1180
for the use of the dwelling or unit as a home. An owner includes a	1181
holder of one of the several estates in fee, a vendee in	1182
possession under a purchase agreement or a land contract, a	1183
mortgagor, a life tenant, one or more tenants with a right of	1184
survivorship, tenants in common, and a settlor of a revocable or	1185
irrevocable inter vivos trust holding the title to a homestead	1186
occupied by the settlor as of right under the trust. The tax	1187
commissioner shall adopt rules for the uniform classification and	1188
valuation of real property or portions of real property as	1189
homesteads.	1190

(B) "Sixty-five years of age or older" means a person who has	1191
attained age sixty-four prior to the first day of January of the	1192
year of application for reduction in real estate taxes.	1193

(C) "Permanently and totally disabled" means a person who	1194
has, on the first day of January of the year of application for	1195
reduction in real estate taxes, some impairment in body or mind	1196
that makes the person unable to work at any substantially	1197
remunerative employment that the person is reasonably able to	1198
perform and that will, with reasonable probability, continue for	1199
an indefinite period of at least twelve months without any	1200
present indication of recovery therefrom or has been certified as	1201
permanently and totally disabled by a state or federal agency	1202
having the function of so classifying persons.	1203

(D) "Housing cooperative" means a housing complex of at least	1204
two hundred fifty units that is owned and operated by a nonprofit	1205
corporation that issues a share of the corporation's stock to an	1206
individual, entitling the individual to live in a unit of the	1207
complex, and collects a monthly maintenance fee from the	1208
individual to maintain, operate, and pay the taxes of the complex.	1209

Sec. 323.152.  In addition to the reduction in taxes required	1210
under section 319.302 of the Revised Code, taxes shall be reduced	1211
as provided in divisions (A) and (B) of this section.	1212

(A)(1) Division (A) of this section applies to any of the	1213
following:	1214

(a) A person who is permanently and totally disabled;

1215

(b) A person who is sixty-five years of age or older;

1216

(c) A person who is the surviving spouse of a deceased person	1217
who was permanently and totally disabled or sixty-five years of	1218
age or older and who applied and qualified for a reduction in	1219
taxes under this division in the year of death, provided the	1220
surviving spouse is at least fifty-nine but not sixty-five or more	1221
years of age on the date the deceased spouse dies.	1222

(2) Real property taxes on a homestead owned and occupied, or	1223
a homestead in a housing cooperative occupied, by a person to whom	1224
division (A) of this section applies shall be reduced for each	1225
year for which the owner obtains a certificate of reduction from	1226
the county auditor under section 323.154 of the Revised Code or	1227
for which the occupant obtains a certificate of reduction in	1228
accordance with section 323.159 of the Revised Codean application	1229
for the reduction has been approved. The reduction shall equal the	1230
greater of the reduction granted for the tax year preceding the	1231
first tax year to which this section applies pursuant to Section	1232
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if	1233
the taxpayer received a reduction for that preceding tax year,	1234
or the product of the following:	1235

(a) Twenty-five thousand dollars of the true value of the	1236
property in money;	1237

(b) The assessment percentage established by the tax	1238
commissioner under division (B) of section 5715.01 of the Revised	1239
Code, not to exceed thirty-five per cent;	1240

(c) The effective tax rate used to calculate the taxes	1241
charged against the property for the current year, where	1242
"effective tax rate" is defined as in section 323.08 of the	1243
Revised Code;	1244

(d) The quantity equal to one minus the sum of the percentage	1245
reductions in taxes received by the property for the current tax	1246
year under section 319.302 of the Revised Code and division (B) of	1247
section 323.152 of the Revised Code.	1248

(B) To provide a partial exemption, real property taxes on	1249
any homestead, and manufactured home taxes on any manufactured or	1250
mobile home on which a manufactured home tax is assessed pursuant	1251
to division (D)(2) of section 4503.06 of the Revised Code, shall	1252
be reduced for each year for which the owner obtains a certificate	1253
of reduction from the county auditor under section 323.154 of the	1254
Revised Codean application for the reduction has been approved.	1255
The amount of the reduction shall equal two and one-half per cent	1256
of the amount of taxes to be levied on the homestead or the	1257
manufactured or mobile home after applying section 319.301 of the	1258
Revised Code.	1259

(C) The reductions granted by this section do not apply to	1260
special assessments or respread of assessments levied against the	1261
homestead, and if there is a transfer of ownership subsequent to	1262
the filing of an application for a reduction in taxes, such	1263
reductions are not forfeited for such year by virtue of such	1264
transfer.	1265

(D) The reductions in taxable value referred to in this	1266
section shall be applied solely as a factor for the purpose of	1267
computing the reduction of taxes under this section and shall not	1268
affect the total value of property in any subdivision or taxing	1269
district as listed and assessed for taxation on the tax lists and	1270
duplicates, or any direct or indirect limitations on indebtedness	1271
of a subdivision or taxing district. If after application of	1272
sections 5705.31 and 5705.32 of the Revised Code, including the	1273
allocation of all levies within the ten-mill limitation to debt	1274
charges to the extent therein provided, there would be	1275
insufficient funds for payment of debt charges not provided for by	1276
levies in excess of the ten-mill limitation, the reduction of	1277
taxes provided for in sections 323.151 to 323.159 of the Revised	1278
Code shall be proportionately adjusted to the extent necessary to	1279
provide such funds from levies within the ten-mill limitation.	1280

(E) No reduction shall be made on the taxes due on the	1281
homestead of any person convicted of violating division (C) or (D)	1282
or (E) of section 323.153 of the Revised Code for a period of	1283
three years following the conviction.	1284

Sec. 323.153.  (A) To obtain a reduction in real property	1285
taxes under division (A) or (B) of section 323.152 of the Revised	1286
Code or in manufactured home taxes under division (B) of section	1287
323.152 of the Revised Code, the owner shall file an application	1288
with the county auditor of the county in which the owner's	1289
homestead is located.	1290

To obtain a reduction in real property taxes under division	1291
(A) of section 323.152 of the Revised Code, the occupant of a	1292
homestead in a housing cooperative shall file an application with	1293
the nonprofit corporation that owns and operates the housing	1294
cooperative, in accordance with this paragraph. Not later than the	1295
first day of March each year, the corporation shall obtain	1296
applications from the county auditor's office and provide one to	1297
each new occupant. Not later than the first day of May, any	1298
occupant who may be eligible for a reduction in taxes under	1299
division (A) of section 323.152 of the Revised Code shall submit	1300
the completed application to the corporation. Not later than the	1301
fifteenth day of May, the corporation shall file all completed	1302
applications, and the information required by division (B) of	1303
section 323.159 of the Revised Code, with the county auditor of	1304
the county in which the occupants' homesteads are located.	1305
Continuing applications shall be furnished to an occupant in the	1306
manner provided in division (C)(4) of this section.	1307

(1) An application for reduction based upon a physical	1308
disability shall be accompanied by a certificate signed by a	1309
physician, and an application for reduction based upon a mental	1310
disability shall be accompanied by a certificate signed by a	1311
physician or psychologist licensed to practice in this state,	1312
attesting to the fact that the applicant is permanently and	1313
totally disabled. The certificate shall be in a form that the tax	1314
commissioner requires and shall include the definition of	1315
permanently and totally disabled as set forth in section 323.151	1316
of the Revised Code. An application for reduction based upon a	1317
disability certified as permanent and total by a state or federal	1318
agency having the function of so classifying persons shall be	1319
accompanied by a certificate from that agency.	1320

An application for a reduction under division (A) of section	1321
323.152 of the Revised Code constitutes a continuing application	1322
for a reduction in taxes for each year in which the dwelling is	1323
the applicant's homestead.	1324

(2) An application for a reduction in taxes under division	1325
(B) of section 323.152 of the Revised Code shall be filed only if	1326
the homestead or manufactured or mobile home was transferred in	1327
the preceding year or did not qualify for and receive the	1328
reduction in taxes under that division for the preceding tax year.	1329
The application for homesteads transferred in the preceding year	1330
shall be incorporated into any form used by the county auditor to	1331
administer the tax law in respect to the conveyance of real	1332
property pursuant to section 319.20 of the Revised Code or of used	1333
manufactured homes or used mobile homes as defined in section	1334
5739.0210 of the Revised Code. The owner of a manufactured or	1335
mobile home who has elected under division (D)(4) of section	1336
4503.06 of the Revised Code to be taxed under division (D)(2) of	1337
that section for the ensuing year may file the application at the	1338
time of making that election. The application shall contain a	1339
statement that failure by the applicant to affirm on the	1340
application that the dwelling on the property conveyed is the	1341
applicant's homestead prohibits the owner from receiving the	1342
reduction in taxes until a proper application is filed within the	1343
period prescribed by division (A)(3) of this section. Such an	1344
application constitutes a continuing application for a reduction	1345
in taxes for each year in which the dwelling is the applicant's	1346
homestead.	1347

(3) Failure to receive a new application filed under division	1348
(A)(1) or (2) or notification under division (C) of this section	1349
after a certificate of reduction has been issued under section	1350
323.154 of the Revised Code, or failure to receive a new	1351
application filed under division (A)(1) or notification under	1352
division (C) of this section after a certificate of reduction has	1353
been issued under section 323.159 of the Revised Code,an	1354
application for reduction has been approved is prima-facie	1355
evidence that the original applicant is entitled to the reduction	1356
in taxes calculated on the basis of the information contained in	1357
the original application. The original application and any	1358
subsequent application, including any late application, shall be	1359
in the form of a signed statement and shall be filed after the	1360
first Monday in January and not later than the first Monday in	1361
June. The original application and any subsequent application for	1362
a reduction in real property taxes shall be filed in the year for	1363
which the reduction is sought. The original application and any	1364
subsequent application for a reduction in manufactured home taxes	1365
shall be filed in the year preceding the year for which the	1366
reduction is sought. The statement shall be on a form, devised and	1367
supplied by the tax commissioner, which shall require no more	1368
information than is necessary to establish the applicant's	1369
eligibility for the reduction in taxes and the amount of the	1370
reduction, and, for a certificate of reduction issued under	1371
section 323.154 of the Revised Codeexcept for homesteads that are	1372
units in a housing cooperative, shall include an affirmation by	1373
the applicant that ownership of the homestead was not acquired	1374
from a person, other than the applicant's spouse, related to the	1375
owner by consanguinity or affinity for the purpose of qualifying	1376
for the real property or manufactured home tax reduction provided	1377
for in division (A) or (B) of section 323.152 of the Revised Code.	1378
The form shall contain a statement that conviction of willfully	1379
falsifying information to obtain a reduction in taxes or failing	1380
to comply with division (C) of this section results in the	1381
revocation of the right to the reduction for a period of three	1382
years.	1383

(B) A late application for a tax reduction for the year	1384
preceding the year in which an original application is filed, or	1385
for a reduction in manufactured home taxes for the year in which	1386
an original application is filed, may be filed with the original	1387
application. If the county auditor determines the information	1388
contained in the late application is correct, the auditor shall	1389
determine the amount of the reduction in taxes to which the	1390
applicant would have been entitled for the preceding tax year had	1391
the applicant's application been timely filed and approved in that	1392
year.	1393

The amount of such reduction shall be treated by the auditor	1394
as an overpayment of taxes by the applicant and shall be refunded	1395
in the manner prescribed in section 5715.22 of the Revised Code	1396
for making refunds of overpayments. On the first day of July of	1397
each year, the county auditor shall certify the total amount of	1398
the reductions in taxes made in the current year under this	1399
division to the tax commissioner, who shall treat the full amount	1400
thereof as a reduction in taxes for the preceding tax year and	1401
shall make reimbursement to the county therefor in the manner	1402
prescribed by section 323.156 of the Revised Code, from money	1403
appropriated for that purpose.	1404

(C)(1) If, in any year after an application has been filed	1405
under division (A)(1) or (2) of this section, the owner does not	1406
qualify for a reduction in taxes on the homestead or on the	1407
manufactured or mobile home set forth on such application, the	1408
owner shall notify the county auditor that the owner is not	1409
qualified for a reduction in taxes.	1410

(2) If, in any year after an application has been filed under	1411
division (A) of this section, the occupant of a homestead in a	1412
housing cooperative does not qualify for a reduction in taxes on	1413
the homestead, the occupant shall notify the county auditor that	1414
the occupant is not qualified for a reduction in taxes or file a	1415
new application under division (A) of this section.	1416

(3) If the county auditor or county treasurer discovers that	1417
the owner of property not entitled to the reduction in taxes under	1418
division (B) of section 323.152 of the Revised Code failed to	1419
notify the county auditor as required by division (C)(1) of this	1420
section, a charge shall be imposed against the property in the	1421
amount by which taxes were reduced under that division for each	1422
tax year the county auditor ascertains that the property was not	1423
entitled to the reduction and was owned by the current owner.	1424
Interest shall accrue in the manner prescribed by division (B) of	1425
section 323.121 or division (G)(2) of section 4503.06 of the	1426
Revised Code on the amount by which taxes were reduced for each	1427
such tax year as if the reduction became delinquent taxes at the	1428
close of the last day the second installment of taxes for that tax	1429
year could be paid without penalty. The county auditor shall	1430
notify the owner, by ordinary mail, of the charge, of the owner's	1431
right to appeal the charge, and of the manner in which the owner	1432
may appeal. The owner may appeal the imposition of the charge and	1433
interest by filing an appeal with the county board of revision not	1434
later than the last day prescribed for payment of real and public	1435
utility property taxes under section 323.12 of the Revised Code	1436
following receipt of the notice and occurring at least ninety days	1437
after receipt of the notice. The appeal shall be treated in the	1438
same manner as a complaint relating to the valuation or assessment	1439
of real property under Chapter 5715. of the Revised Code. The	1440
charge and any interest shall be collected as other delinquent	1441
taxes.	1442

(4) Each year during January, the county auditor shall	1443
furnish by ordinary mail a continuing application to each person	1444
issued a certificate of reduction under section 323.154 or 323.159	1445
of the Revised Code with respect to a reduction in taxesreceiving	1446
a reduction under division (A) of section 323.152 of the Revised	1447
Code. The continuing application shall be used to report changes	1448
in ownership or, occupancy of the homestead, including changes in	1449
or revocation of a revocable inter vivos trust, changes in,	1450
disability, and other changes in the information earlier furnished	1451
the auditor relative to the reduction in taxes on the property.	1452
The continuing application shall be returned to the auditor not	1453
later than the first Monday in June; provided, that if such	1454
changes do not affect the status of the homestead exemption or the	1455
amount of the reduction to which the owner is entitled under	1456
division (A) of section 323.152 of the Revised Code or to which	1457
the occupant is entitled under section 323.159 of the Revised	1458
Code, the application does not need to be returned.	1459

(5) Each year during February, the county auditor, except as	1460
otherwise provided in this paragraph, shall furnish by ordinary	1461
mail an original application to the owner, as of the first day of	1462
January of that year, of a homestead or a manufactured or mobile	1463
home that transferred during the preceding calendar year and that	1464
qualified for and received a reduction in taxes under division (B)	1465
of section 323.152 of the Revised Code for the preceding tax year.	1466
In order to receive the reduction under that division, the owner	1467
shall file the application with the county auditor not later than	1468
the first Monday in June. If the application is not timely filed,	1469
the auditor shall not grant a reduction in taxes for the homestead	1470
for the current year, and shall notify the owner that the	1471
reduction in taxes has not been granted, in the same manner	1472
prescribed under section 323.154 of the Revised Code for	1473
notification of denial of an application. Failure of an owner to	1474
receive an application does not excuse the failure of the owner to	1475
file an original application. The county auditor is not required	1476
to furnish an application under this paragraph for any homestead	1477
for which application has previously been made on a form	1478
incorporated into any form used by the county auditor to	1479
administer the tax law in respect to the conveyance of real	1480
property or of used manufactured homes or used mobile homes, and	1481
an owner who previously has applied on such a form is not required	1482
to return an application furnished under this paragraph.	1483

(D) No person shall knowingly make a false statement for the	1484
purpose of obtaining a reduction in the person's real property or	1485
manufactured home taxes under section 323.152 of the Revised Code.	1486

(E) No person shall knowingly fail to notify the county	1487
auditor of changes required by division (C) of this section that	1488
have the effect of maintaining or securing a reduction in taxes	1489
under section 323.152 of the Revised Code.	1490

(F) No person shall knowingly make a false statement or	1491
certification attesting to any person's physical or mental	1492
condition for purposes of qualifying such person for tax relief	1493
pursuant to sections 323.151 to 323.159 of the Revised Code.	1494

Sec. 323.154. On or before the day the county auditor has	1495
completed the duties imposed by sections 319.30 to 319.302 of the	1496
Revised Code, the auditor shall issue a certificate of reduction	1497
in taxes in triplicate for each person who has complied with	1498
section 323.153 of the Revised Code and whose homestead, as	1499
defined in division (A)(1) of section 323.151 of the Revised Code,	1500
or manufactured or mobile home the auditor finds is entitled to a	1501
reduction in real property or manufactured home taxes for that	1502
year under section 323.152 of the Revised Code. Except as provided	1503
in section 323.159 of the Revised Code, in the case of a homestead	1504
entitled to a reduction under division (A) of that section, the	1505
certificate shall state the taxable value of the homestead on the	1506
first day of January of that year, the total reduction in taxes	1507
for that year under that section, the tax rate that is applicable	1508
against such homestead for that year, and any other information	1509
the tax commissioner requires. In the case of a homestead or a	1510
manufactured or mobile home entitled to a reduction under division	1511
(B) of that section, the certificate shall state the total amount	1512
of the reduction in taxes for that year under that section and any	1513
other information the tax commissioner requires. The certificate	1514
for reduction in taxes shall be on a form approved by the	1515
commissioner. Upon issuance of such a certificate, the county	1516
auditor shall forward one copy and the original to the county	1517
treasurer and retain one copy. The county auditor alsoThe county	1518
auditor shall approve or deny an application for reduction under	1519
section 323.152 of the Revised Code and shall so notify the	1520
applicant not later than the first Monday in October. Notification	1521
shall be provided on a form prescribed by the tax commissioner. If	1522
the application is approved, upon issuance of the notification the	1523
county auditor shall record the amount of reduction in taxes in	1524
the appropriate column on the general tax list and duplicate of	1525
real and public utility property and on the manufactured home tax	1526
list. If the application is denied, the notification shall inform	1527
the applicant of the reasons for the denial.	1528

If an application, late application, or continuing	1529
application is not approved, or if the county auditor otherwise	1530
determines that a homestead or a manufactured or mobile home does	1531
not qualify for a reduction in taxes under division (A) or (B) of	1532
section 323.152 of the Revised Code, the auditor shall notify the	1533
applicant of the reasons for denial not later than the first	1534
Monday in October. If an applicant believes that the application	1535
for reduction has been improperly denied or that the reduction is	1536
for less than that to which the applicant is entitled, the	1537
applicant may file an appeal with the county board of revision not	1538
later than the date of closing of the collection for the first	1539
half of real and public utility property taxes or manufactured	1540
home taxes. The appeal shall be treated in the same manner as a	1541
complaint relating to the valuation or assessment of real property	1542
under Chapter 5715. of the Revised Code.	1543

Sec. 323.155. The county treasurer shall retain the original	1544
certificate of reduction in taxes issued under section 323.154 of	1545
the Revised Code and forward the copy to the person to whom the	1546
certificate is issued, along with the tax bill submitted pursuant	1547
to section 323.13 of the Revised Code or the advance payment	1548
certificate submitted pursuant to section 4503.061 of the Revised	1549
Code.	1550

The county treasurer shall retain the original certificate of	1551
reduction issued under section 323.159 of the Revised Code and	1552
forward a copy to the person to whom the certificate is issued,	1553
and a copy to the nonprofit corporation that owns and operates the	1554
housing cooperative in which the person is an occupant, along with	1555
the corporation's tax bill submitted pursuant to section 323.13 of	1556
the Revised Code.	1557

The tax bill prescribed under section 323.131 of the Revised	1558
Code shall indicate the net amount of taxes due following the	1559
reductions in taxes under sections 319.301, 319.302, and 323.152	1560
of the Revised Code.	1561

Any reduction in taxes under this section 323.152 of the	1562
Revised Code shall be disregarded as income or resources in	1563
determining eligibility for any program or calculating any payment	1564
under Title LI of the Revised Code.	1565

Sec. 323.156.  Within thirty days after a settlement of taxes	1566
under divisions (A), (C), and (H) of section 321.24 of the Revised	1567
Code, the county treasurer shall certify to the tax commissioner	1568
one-half of the total amount of taxes on real property that were	1569
reduced pursuant to section 323.152 of the Revised Code for the	1570
preceding tax year, and one-half of the total amount of taxes on	1571
manufactured and mobile homes that were reduced pursuant to	1572
division (B) of section 323.152 of the Revised Code for the	1573
current tax year, as evidenced by the certificates of reduction	1574
and the tax duplicate certified to the county treasurer by the	1575
county auditor. The commissioner, within thirty days of the	1576
receipt of such certifications, shall provide for payment to the	1577
county treasurer, from the general revenue fund, of the amount	1578
certified, which shall be credited upon receipt to the county's	1579
undivided income tax fund, and an amount equal to two per cent of	1580
the amount by which taxes were reduced, which shall be credited	1581
upon receipt to the county general fund as a payment, in addition	1582
to the fees and charges authorized by sections 319.54 and 321.26	1583
of the Revised Code, to the county auditor and treasurer for the	1584
costs of administering the exemption provided under sections	1585
323.151 to 323.159 of the Revised Code.	1586

Immediately upon receipt of funds into the county undivided	1587
income tax fund under this section, the auditor shall distribute	1588
the full amount thereof among the taxing districts in the county	1589
as though the total had been paid as taxes by each person for whom	1590
taxes were reduced under sections 323.151 to 323.159 of the	1591
Revised Code.	1592

Sec. 323.159.  (A) As used in this section:

1593

(1) "Applicant" means the person who occupies a homestead in	1594
a housing cooperative.	1595

(2) "Homestead" has the same meaning as in division	1596
(A)(2)(1)(b) of section 323.151 of the Revised Code.	1597

(B) Not later than the first day of May each year, any	1598
nonprofit corporation that owns and operates a housing cooperative	1599
shall determine the amount of property taxes it paid for the	1600
housing cooperative for the preceding tax year and shall attribute	1601
to each homestead in the housing cooperative a portion of the	1602
total property taxes as if the homestead's occupant paid the	1603
taxes. The taxes attributed to each homestead shall be based on	1604
the percentage that the square footage of the homestead is of the	1605
total square footage of the housing cooperative and on other	1606
reasonable factors that reflect the value of the homestead. Not	1607
later than the fifteenth day of May each year, the corporation	1608
shall file this information with the county auditor, along with	1609
any applications submitted to it under division (A) of section	1610
323.153 of the Revised Code. No nonprofit corporation that owns	1611
and operates a housing cooperative shall fail to file with the	1612
county auditor the information required by this division and	1613
division (A) of section 323.153 of the Revised Code.	1614

(C) On or before the day the county auditor has completed the	1615
duties imposed by sections 319.30 to 319.302 of the Revised Code,	1616
the auditor shall issue a certificate of reduction in taxes for	1617
each applicant who has complied with section 323.153 of the	1618
Revised Code and whose homestead the auditor finds is entitled to	1619
a reduction in real property taxes for that year under division	1620
(A) of section 323.152 of the Revised Code. The county auditor	1621
shall calculate the taxable value of each applicant's homestead as	1622
if the homestead was owned by the applicant and shall use the	1623
information provided by the nonprofit corporation under division	1624
(B) of this section to determine the reduction in taxable value to	1625
be attributed to the homestead.	1626

The certificate shall state the taxable value, on the first	1627
day of January of that year, attributed to each homestead in the	1628
housing cooperative; the reduction in taxable value and reduction	1629
in taxes attributed to the homestead; the total amount of the	1630
reduction in taxable value for the housing cooperative based on	1631
all certificates issued under this section for homesteads in the	1632
housing cooperative; the nonprofit corporation's total reduction	1633
in taxes for that year under division (A) of section 323.152 of	1634
the Revised Code; the tax rate that is applicable against the	1635
housing cooperative for that year; and any other information the	1636
tax commissioner requires. The county auditor shall prepare three	1637
copies of the original certificate. Upon the issuance of such a	1638
certificate, the county auditor shall forward two copies and the	1639
original to the county treasurer and retain one copy. The county	1640
auditor alsoThe county auditor shall approve or deny an	1641
application for reduction under division (A) of section 323.152	1642
of the Revised Code and, not later than the first Monday in	1643
October, shall so notify the applicant and the nonprofit	1644
corporation that owns and operates the housing cooperative.	1645
Notification shall be provided on a form prescribed by the tax	1646
commissioner. If the application is approved, upon issuance of	1647
the notification the county auditor shall record the amount of	1648
reduction in taxes in the appropriate column on the general tax	1649
list and duplicate of real and public utility property.	1650

(D) On receipt of the notice from the county auditor under	1651
division (C) of this section, the nonprofit corporation that owns	1652
and operates the housing cooperative shall reduce the monthly	1653
maintenance fee for each homestead for which an applicant received	1654
a certificate of reduction under this sectionapplication for	1655
reduction was approved for the year following the year for which	1656
the certificate was issuedapplication was approved. The	1657
reduction in the monthly maintenance fee shall equal one-twelfth	1658
of the reduction in taxes attributed to the homestead by the	1659
county auditor under division (C) of this section.	1660

(E) If an application, late application, or continuing	1661
application is not approved, or if the county auditor otherwise	1662
determines that a homestead does not qualify for a reduction in	1663
taxes under division (A) of section 323.152 of the Revised Code,	1664
the auditor shall notify the applicant, and the nonprofit	1665
corporation that owns and operates the housing cooperative, of the	1666
reasons for denial not later than the first Monday in October. If	1667
the applicant believes that the application for reduction has been	1668
improperly denied, or the nonprofit corporation that owns and	1669
operates the housing cooperative believes that the reduction is	1670
for less than that to which the housing cooperative is entitled,	1671
the applicant or housing cooperative, respectively, may file an	1672
appeal with the county board of revision not later than the date	1673
of closing of the collection for the first half of real and public	1674
utility property taxes. The appeal shall be treated in the same	1675
manner as a complaint relating to the valuation or assessment of	1676
real property under Chapter 5715. of the Revised Code.	1677

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

1678

(1) "Medical assistance program" has the same meaning as in	1679
section 2913.40 of the Revised Code.	1680

(2) "Medical provider" means a physician, hospital,	1681
laboratory, pharmacy, or other health care provider that is not	1682
employed by or under contract to a county, the department of youth	1683
services, or the department of rehabilitation and correction to	1684
provide medical services to persons confined in the county jail or	1685
a state correctional institution.	1686

(3) "Necessary care" means medical care of a nonelective	1687
nature that cannot be postponed until after the period of	1688
confinement of a person who is confined in a county jail or a	1689
state correctional institution or is in the custody of a law	1690
enforcement officer without endangering the life or health of the	1691
person.	1692

(B) If a physician employed by or under contract to a county,	1693
the department of youth services, or the department of	1694
rehabilitation and correction to provide medical services to	1695
persons confined in the county jail or state correctional	1696
institution determines that a person who is confined in the county	1697
jail or a state correctional institution or who is in the custody	1698
of a law enforcement officer prior to the person's confinement in	1699
the county jail or a state correctional institution requires	1700
necessary care that the physician cannot provide, the necessary	1701
care shall be provided by a medical provider. The county, the	1702
department of youth services, or the department of rehabilitation	1703
and correction shall pay a medical provider for necessary care an	1704
amount not exceeding the authorized reimbursement rate for the	1705
same service established by the department of job and family	1706
services under the medical assistance program.	1707

Sec. 1713.34.  Superintendents of city hospitals, directors	1708
or superintendents of city infirmaries, county homes, or other	1709
charitable institutions, directors or superintendents of	1710
workhouses, founded and supported in whole or in part at public	1711
expense, superintendents or managing officers of state benevolent	1712
or correctional institutions, boards of township trustees,	1713
sheriffs, or coroners, in possession of bodies not claimed or	1714
identified, or which must be buried at the expense of the state,	1715
county, or township, before burial, shall notify the professor of	1716
anatomy in a college which by its charter is empowered to teach	1717
anatomy, or the secretary of the board of embalmers and funeral	1718
directors of this state, of the fact that such bodies are being so	1719
held. If after a period of thirty-six hours the body has not been	1720
accepted by friends or relatives for burial at their expense, such	1721
superintendent, director, or other officer, on the written	1722
application of such professor, or the secretary of the board of	1723
embalmers and funeral directors, shall deliver to such professor	1724
or secretary, for the purpose of medical or surgical study or	1725
dissection or for the study of embalming, the body of any such	1726
person who died in any of such institutions from any disease which	1727
is not infectious. The expense of the delivery of the body shall	1728
be borne by the parties in whose keeping the body was placed.	1729

Sec. 2921.36.  (A) No person shall knowingly convey, or	1730
attempt to convey, onto the grounds of a detention facility or of	1731
an institution, office building, or other place that is under the	1732
control of the department of mental health or, the department of	1733
mental retardation and developmental disabilities, the department	1734
of youth services, or the department of rehabilitation and	1735
correction any of the following items:	1736

(1) Any deadly weapon or dangerous ordnance, as defined in	1737
section 2923.11 of the Revised Code, or any part of or ammunition	1738
for use in such a deadly weapon or dangerous ordnance;	1739

(2) Any drug of abuse, as defined in section 3719.011 of the	1740
Revised Code;	1741

(3) Any intoxicating liquor, as defined in section 4301.01 of	1742
the Revised Code.	1743

(B) Division (A) of this section does not apply to any person	1744
who conveys or attempts to convey an item onto the grounds of a	1745
detention facility or of an institution, office building, or other	1746
place under the control of the department of mental health or, the	1747
department of mental retardation and developmental disabilities,	1748
the department of youth services, or the department of	1749
rehabilitation and correction pursuant to the written	1750
authorization of the person in charge of the detention facility or	1751
the institution, office building, or other place and in accordance	1752
with the written rules of the detention facility or the	1753
institution, office building, or other place.	1754

(C) No person shall knowingly deliver, or attempt to deliver,	1755
to any person who is confined in a detention facility, to a child	1756
confined in a youth services facility, to a prisoner who is	1757
temporarily released from confinement for a work assignment, or to	1758
any patient in an institution under the control of the department	1759
of mental health or the department of mental retardation and	1760
developmental disabilities, any item listed in division (A)(1),	1761
(2), or (3) of this section.	1762

(D) No person shall knowingly deliver, or attempt to deliver,	1763
cash to any person who is confined in a detention facility, to a	1764
child confined in a youth services facility, or to a prisoner who	1765
is temporarily released from confinement for a work assignment.	1766

(E) No person shall knowingly deliver, or attempt to deliver,	1767
to any person who is confined in a detention facility, to a child	1768
confined in a youth services facility, or to a prisoner who is	1769
temporarily released from confinement for a work assignment a	1770
cellular telephone, two-way radio, or other electronic	1771
communications device.	1772

(F)(1) It is an affirmative defense to a charge under	1773
division (A)(1) of this section that the weapon or dangerous	1774
ordnance in question was being transported in a motor vehicle for	1775
any lawful purpose, that it was not on the actor's person, and, if	1776
the weapon or dangerous ordnance in question was a firearm, that	1777
it was unloaded and was being carried in a closed package, box, or	1778
case or in a compartment that can be reached only by leaving the	1779
vehicle.	1780

(2) It is an affirmative defense to a charge under division	1781
(C) of this section that the actor was not otherwise prohibited by	1782
law from delivering the item to the confined person, the child,	1783
the prisoner, or the patient and that either of the following	1784
applies:	1785

(a) The actor was permitted by the written rules of the	1786
detention facility or the institution, office building, or other	1787
place to deliver the item to the confined person or the patient.	1788

(b) The actor was given written authorization by the person	1789
in charge of the detention facility or the institution, office	1790
building, or other place to deliver the item to the confined	1791
person or the patient.	1792

(G)(1) Whoever violates division (A)(1) of this section or	1793
commits a violation of division (C) of this section involving an	1794
item listed in division (A)(1) of this section is guilty of	1795
illegal conveyance of weapons onto the grounds of a detention	1796
specified governmental facility or a mental health or mental	1797
retardation and developmental disabilities institution, a felony	1798
of the fourththird degree. If the offender is an officer or	1799
employee of the department of rehabilitation and correction, the	1800
court shall impose a mandatory prison term.	1801

(2) Whoever violates division (A)(2) of this section or	1802
commits a violation of division (C) of this section involving any	1803
drug of abuse is guilty of illegal conveyance of drugs of abuse	1804
onto the grounds of a detentionspecified governmental facility or	1805
a mental health or mental retardation and developmental	1806
disabilities institution, a felony of the third degree. If the	1807
offender is an officer or employee of the department of	1808
rehabilitation and correction or of the department of youth	1809
services, the court shall impose a mandatory prison term.	1810

(3) Whoever violates division (A)(3) of this section or	1811
commits a violation of division (C) of this section involving any	1812
intoxicating liquor is guilty of illegal conveyance of	1813
intoxicating liquor onto the grounds of a detentionspecified	1814
governmental facility or a mental health or mental retardation and	1815
developmental disabilities institution, a misdemeanor of the	1816
second degree.	1817

(4) Whoever violates division (D) of this section is guilty	1818
of illegal conveyance of cash onto the grounds of a detention	1819
facility, a misdemeanor of the first degree. If the offender	1820
previously has been convicted of or pleaded guilty to a violation	1821
of division (D) of this section, illegal conveyance of cash onto	1822
the grounds of a detention facility is a felony of the fifth	1823
degree.	1824

(5) Whoever violates division (E) of this section is guilty	1825
of illegal conveyance of a communications device onto the grounds	1826
of a detentionspecified governmental facility, a misdemeanor of	1827
the first degree, or if the offender previously has been convicted	1828
of or pleaded guilty to a violation of division (E) of this	1829
section, a felony of the fifth degree.	1830

Sec. 2929.01.  As used in this chapter:

1831

(A)(1) "Alternative residential facility" means, subject to	1832
division (A)(2) of this section, any facility other than an	1833
offender's home or residence in which an offender is assigned to	1834
live and that satisfies all of the following criteria:	1835

(a) It provides programs through which the offender may seek	1836
or maintain employment or may receive education, training,	1837
treatment, or habilitation.	1838

(b) It has received the appropriate license or certificate	1839
for any specialized education, training, treatment, habilitation,	1840
or other service that it provides from the government agency that	1841
is responsible for licensing or certifying that type of education,	1842
training, treatment, habilitation, or service.	1843

(2) "Alternative residential facility" does not include a	1844
community-based correctional facility, jail, halfway house, or	1845
prison.	1846

(B) "Bad time" means the time by which the parole board	1847
administratively extends an offender's stated prison term or terms	1848
pursuant to section 2967.11 of the Revised Code because the parole	1849
board finds by clear and convincing evidence that the offender,	1850
while serving the prison term or terms, committed an act that is a	1851
criminal offense under the law of this state or the United States,	1852
whether or not the offender is prosecuted for the commission of	1853
that act.	1854

(C) "Basic probation supervision" means a requirement that	1855
the offender maintain contact with a person appointed to supervise	1856
the offender in accordance with sanctions imposed by the court or	1857
imposed by the parole board pursuant to section 2967.28 of the	1858
Revised Code. "Basic probation supervision" includes basic parole	1859
supervision and basic post-release control supervision.	1860

(D)(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1861
"unit dose" have the same meanings as in section 2925.01 of the	1862
Revised Code.	1863

(E)(D) "Community-based correctional facility" means a	1864
community-based correctional facility and program or district	1865
community-based correctional facility and program developed	1866
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1867

(F)(E) "Community control sanction" means a sanction that is	1868
not a prison term and that is described in section 2929.15,	1869
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction	1870
that is not a jail term and that is described in section 2929.26,	1871
2929.27, or 2929.28 of the Revised Code. "Community control	1872
sanction" includes probation if the sentence involved was imposed	1873
for a felony that was committed prior to July 1, 1996, or if the	1874
sentence involved was imposed for a misdemeanor that was committed	1875
prior to January 1, 2004.	1876

(G)(F) "Controlled substance," "marihuana," "schedule I," and	1877
"schedule II" have the same meanings as in section 3719.01 of the	1878
Revised Code.	1879

(H)(G) "Curfew" means a requirement that an offender during a	1880
specified period of time be at a designated place.	1881

(I)(H) "Day reporting" means a sanction pursuant to which an	1882
offender is required each day to report to and leave a center or	1883
other approved reporting location at specified times in order to	1884
participate in work, education or training, treatment, and other	1885
approved programs at the center or outside the center.	1886

(J)(I) "Deadly weapon" has the same meaning as in section	1887
2923.11 of the Revised Code.	1888

(K)(J) "Drug and alcohol use monitoring" means a program	1889
under which an offender agrees to submit to random chemical	1890
analysis of the offender's blood, breath, or urine to determine	1891
whether the offender has ingested any alcohol or other drugs.	1892

(L)(K) "Drug treatment program" means any program under which	1893
a person undergoes assessment and treatment designed to reduce or	1894
completely eliminate the person's physical or emotional reliance	1895
upon alcohol, another drug, or alcohol and another drug and under	1896
which the person may be required to receive assessment and	1897
treatment on an outpatient basis or may be required to reside at a	1898
facility other than the person's home or residence while	1899
undergoing assessment and treatment.	1900

(M)(L) "Economic loss" means any economic detriment suffered	1901
by a victim as a direct and proximate result of the commission of	1902
an offense and includes any loss of income due to lost time at	1903
work because of any injury caused to the victim, and any property	1904
loss, medical cost, or funeral expense incurred as a result of	1905
the commission of the offense. "Economic loss" does not include	1906
non-economic loss or any punitive or exemplary damages.	1907

(N)(M) "Education or training" includes study at, or in	1908
conjunction with a program offered by, a university, college, or	1909
technical college or vocational study and also includes the	1910
completion of primary school, secondary school, and literacy	1911
curricula or their equivalent.	1912

(O)(N) "Firearm" has the same meaning as in section 2923.11	1913
of the Revised Code.	1914

(P)(O) "Halfway house" means a facility licensed by the	1915
division of parole and community services of the department of	1916
rehabilitation and correction pursuant to section 2967.14 of the	1917
Revised Code as a suitable facility for the care and treatment of	1918
adult offenders.	1919

(Q)(P) "House arrest" means a period of confinement of an	1920
offender that is in the offender's home or in other premises	1921
specified by the sentencing court or by the parole board pursuant	1922
to section 2967.28 of the Revised Code and during which all of the	1923
following apply:	1924

(1) The offender is required to remain in the offender's home	1925
or other specified premises for the specified period of	1926
confinement, except for periods of time during which the offender	1927
is at the offender's place of employment or at other premises as	1928
authorized by the sentencing court or by the parole board.	1929

(2) The offender is required to report periodically to a	1930
person designated by the court or parole board.	1931

(3) The offender is subject to any other restrictions and	1932
requirements that may be imposed by the sentencing court or by the	1933
parole board.	1934

(R)(Q) "Intensive probation supervision" means a requirement	1935
that an offender maintain frequent contact with a person appointed	1936
by the court, or by the parole board pursuant to section 2967.28	1937
of the Revised Code, to supervise the offender while the offender	1938
is seeking or maintaining necessary employment and participating	1939
in training, education, and treatment programs as required in the	1940
court's or parole board's order. "Intensive probation supervision"	1941
includes intensive parole supervision and intensive post-release	1942
control supervision.	1943

(S)(R) "Jail" means a jail, workhouse, minimum security jail,	1944
or other residential facility used for the confinement of alleged	1945
or convicted offenders that is operated by a political	1946
subdivision or a combination of political subdivisions of this	1947
state.	1948

(T)(S) "Jail term" means the term in a jail that a sentencing	1949
court imposes or is authorized to impose pursuant to section	1950
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1951
provision of the Revised Code that authorizes a term in a jail for	1952
a misdemeanor conviction.	1953

(U)(T) "Mandatory jail term" means the term in a jail that a	1954
sentencing court is required to impose pursuant to division (G) of	1955
section 1547.99 of the Revised Code, division (E) of section	1956
2903.06 or division (D) of section 2903.08 of the Revised Code,	1957
division (E) of section 2929.24 of the Revised Code, division (B)	1958
of section 4510.14 of the Revised Code, or division (G) of section	1959
4511.19 of the Revised Code or pursuant to any other provision of	1960
the Revised Code that requires a term in a jail for a misdemeanor	1961
conviction.	1962

(V)(U) "Delinquent child" has the same meaning as in section	1963
2152.02 of the Revised Code.	1964

(W)(V) "License violation report" means a report that is made	1965
by a sentencing court, or by the parole board pursuant to section	1966
2967.28 of the Revised Code, to the regulatory or licensing board	1967
or agency that issued an offender a professional license or a	1968
license or permit to do business in this state and that specifies	1969
that the offender has been convicted of or pleaded guilty to an	1970
offense that may violate the conditions under which the offender's	1971
professional license or license or permit to do business in this	1972
state was granted or an offense for which the offender's	1973
professional license or license or permit to do business in this	1974
state may be revoked or suspended.	1975

(X)(W) "Major drug offender" means an offender who is	1976
convicted of or pleads guilty to the possession of, sale of, or	1977
offer to sell any drug, compound, mixture, preparation, or	1978
substance that consists of or contains at least one thousand grams	1979
of hashish; at least one hundred grams of crack cocaine; at least	1980
one thousand grams of cocaine that is not crack cocaine; at least	1981
two thousand five hundred unit doses or two hundred fifty grams of	1982
heroin; at least five thousand unit doses of L.S.D. or five	1983
hundred grams of L.S.D. in a liquid concentrate, liquid extract,	1984
or liquid distillate form; or at least one hundred times the	1985
amount of any other schedule I or II controlled substance other	1986
than marihuana that is necessary to commit a felony of the third	1987
degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11	1988
of the Revised Code that is based on the possession of, sale of,	1989
or offer to sell the controlled substance.	1990

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

1991

(1) Subject to division (Y)(X)(2) of this section, the term	1992
in prison that must be imposed for the offenses or circumstances	1993
set forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1994
2929.13 and division (D) of section 2929.14 of the Revised Code.	1995
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1996
and 2925.11 of the Revised Code, unless the maximum or another	1997
specific term is required under section 2929.14 or 2929.142 of the	1998
Revised Code, a mandatory prison term described in this division	1999
may be any prison term authorized for the level of offense.	2000

(2) The term of sixty or one hundred twenty days in prison	2001
that a sentencing court is required to impose for a third or	2002
fourth degree felony OVI offense pursuant to division (G)(2) of	2003
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	2004
of the Revised Code or the term of one, two, three, four, or five	2005
years in prison that a sentencing court is required to impose	2006
pursuant to division (G)(2) of section 2929.13 of the Revised	2007
Code.	2008

(3) The term in prison imposed pursuant to division (A) of	2009
section 2971.03 of the Revised Code for the offenses and in the	2010
circumstances described in division (F)(11) of section 2929.13 of	2011
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	2012
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	2013
2971.03 of the Revised Code and that term as modified or	2014
terminated pursuant to section 2971.05 of the Revised Code.	2015

(Z)(Y) "Monitored time" means a period of time during which	2016
an offender continues to be under the control of the sentencing	2017
court or parole board, subject to no conditions other than leading	2018
a law-abiding life.	2019

(AA)(Z) "Offender" means a person who, in this state, is	2020
convicted of or pleads guilty to a felony or a misdemeanor.	2021

(BB)(AA) "Prison" means a residential facility used for the	2022
confinement of convicted felony offenders that is under the	2023
control of the department of rehabilitation and correction but	2024
does not include a violation sanction center operated under	2025
authority of section 2967.141 of the Revised Code.	2026

(CC)(BB) "Prison term" includes anyeither of the following	2027
sanctions for an offender:	2028

(1) A stated prison term;

2029

(2) A term in a prison shortened by, or with the approval of,	2030
the sentencing court pursuant to section 2929.20, 2967.26,	2031
5120.031, 5120.032, or 5120.073 of the Revised Code;	2032

(3) A term in prison extended by bad time imposed pursuant to	2033
section 2967.11 of the Revised Code or imposed for a violation of	2034
post-release control pursuant to section 2967.28 of the Revised	2035
Code.	2036

(DD)(CC) "Repeat violent offender" means a person about whom	2037
both of the following apply:	2038

(1) The person is being sentenced for committing or for	2039
complicity in committing any of the following:	2040

(a) Aggravated murder, murder, any felony of the first or	2041
second degree that is an offense of violence, or an attempt to	2042
commit any of these offenses if the attempt is a felony of the	2043
first or second degree;	2044

(b) An offense under an existing or former law of this state,	2045
another state, or the United States that is or was substantially	2046
equivalent to an offense described in division (DD)(CC)(1)(a) of	2047
this section.	2048

(2) The person previously was convicted of or pleaded guilty	2049
to an offense described in division (DD)(CC)(1)(a) or (b) of this	2050
section.	2051

(EE)(DD) "Sanction" means any penalty imposed upon an	2052
offender who is convicted of or pleads guilty to an offense, as	2053
punishment for the offense. "Sanction" includes any sanction	2054
imposed pursuant to any provision of sections 2929.14 to 2929.18	2055
or 2929.24 to 2929.28 of the Revised Code.	2056

(FF)(EE) "Sentence" means the sanction or combination of	2057
sanctions imposed by the sentencing court on an offender who is	2058
convicted of or pleads guilty to an offense.	2059

(GG)(FF) "Stated prison term" means the prison term,	2060
mandatory prison term, or combination of all prison terms and	2061
mandatory prison terms imposed by the sentencing court pursuant to	2062
section 2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated	2063
prison term" includes any credit received by the offender for	2064
time spent in jail awaiting trial, sentencing, or transfer to	2065
prison for the offense and any time spent under house arrest or	2066
house arrest with electronic monitoring imposed after earning	2067
credits pursuant to section 2967.193 of the Revised Code.	2068

(HH)(GG) "Victim-offender mediation" means a reconciliation	2069
or mediation program that involves an offender and the victim of	2070
the offense committed by the offender and that includes a meeting	2071
in which the offender and the victim may discuss the offense,	2072
discuss restitution, and consider other sanctions for the offense.	2073

(II)(HH) "Fourth degree felony OVI offense" means a violation	2074
of division (A) of section 4511.19 of the Revised Code that,	2075
under division (G) of that section, is a felony of the fourth	2076
degree.	2077

(JJ)(II) "Mandatory term of local incarceration" means the	2078
term of sixty or one hundred twenty days in a jail, a	2079
community-based correctional facility, a halfway house, or an	2080
alternative residential facility that a sentencing court may	2081
impose upon a person who is convicted of or pleads guilty to a	2082
fourth degree felony OVI offense pursuant to division (G)(1) of	2083
section 2929.13 of the Revised Code and division (G)(1)(d) or (e)	2084
of section 4511.19 of the Revised Code.	2085

(KK)(JJ) "Designated homicide, assault, or kidnapping	2086
offense," "violent sex offense," "sexual motivation	2087
specification," "sexually violent offense," "sexually violent	2088
predator," and "sexually violent predator specification" have the	2089
same meanings as in section 2971.01 of the Revised Code.	2090

(LL)(KK) "Sexually oriented offense," "child-victim oriented	2091
offense," and "tier III sex offender/child-victim offender," have	2092
the same meanings as in section 2950.01 of the Revised Code.	2093

(MM)(LL) An offense is "committed in the vicinity of a child"	2094
if the offender commits the offense within thirty feet of or	2095
within the same residential unit as a child who is under eighteen	2096
years of age, regardless of whether the offender knows the age of	2097
the child or whether the offender knows the offense is being	2098
committed within thirty feet of or within the same residential	2099
unit as the child and regardless of whether the child actually	2100
views the commission of the offense.	2101

(NN)(MM) "Family or household member" has the same meaning as	2102
in section 2919.25 of the Revised Code.	2103

(OO)(NN) "Motor vehicle" and "manufactured home" have the	2104
same meanings as in section 4501.01 of the Revised Code.	2105

(PP)(OO) "Detention" and "detention facility" have the same	2106
meanings as in section 2921.01 of the Revised Code.	2107

(QQ)(PP) "Third degree felony OVI offense" means a violation	2108
of division (A) of section 4511.19 of the Revised Code that, under	2109
division (G) of that section, is a felony of the third degree.	2110

(RR)(QQ) "Random drug testing" has the same meaning as in	2111
section 5120.63 of the Revised Code.	2112

(SS)(RR) "Felony sex offense" has the same meaning as in	2113
section 2967.28 of the Revised Code.	2114

(TT)(SS) "Body armor" has the same meaning as in section	2115
2941.1411 of the Revised Code.	2116

(UU)(TT) "Electronic monitoring" means monitoring through the	2117
use of an electronic monitoring device.	2118

(VV)(UU) "Electronic monitoring device" means any of the	2119
following:	2120

(1) Any device that can be operated by electrical or battery	2121
power and that conforms with all of the following:	2122

(a) The device has a transmitter that can be attached to a	2123
person, that will transmit a specified signal to a receiver of the	2124
type described in division (VV)(UU)(1)(b) of this section if the	2125
transmitter is removed from the person, turned off, or altered in	2126
any manner without prior court approval in relation to electronic	2127
monitoring or without prior approval of the department of	2128
rehabilitation and correction in relation to the use of an	2129
electronic monitoring device for an inmate on transitional control	2130
or otherwise is tampered with, that can transmit continuously and	2131
periodically a signal to that receiver when the person is within a	2132
specified distance from the receiver, and that can transmit an	2133
appropriate signal to that receiver if the person to whom it is	2134
attached travels a specified distance from that receiver.	2135

(b) The device has a receiver that can receive continuously	2136
the signals transmitted by a transmitter of the type described in	2137
division (VV)(UU)(1)(a) of this section, can transmit continuously	2138
those signals by telephone to a central monitoring computer of the	2139
type described in division (VV)(UU)(1)(c) of this section, and can	2140
transmit continuously an appropriate signal to that central	2141
monitoring computer if the receiver is turned off or altered	2142
without prior court approval or otherwise tampered with.	2143

(c) The device has a central monitoring computer that can	2144
receive continuously the signals transmitted by telephone by a	2145
receiver of the type described in division (VV)(UU)(1)(b) of this	2146
section and can monitor continuously the person to whom an	2147
electronic monitoring device of the type described in division	2148
(VV)(UU)(1)(a) of this section is attached.	2149

(2) Any device that is not a device of the type described in	2150
division (VV)(UU)(1) of this section and that conforms with all of	2151
the following:	2152

(a) The device includes a transmitter and receiver that can	2153
monitor and determine the location of a subject person at any	2154
time, or at a designated point in time, through the use of a	2155
central monitoring computer or through other electronic means.	2156

(b) The device includes a transmitter and receiver that can	2157
determine at any time, or at a designated point in time, through	2158
the use of a central monitoring computer or other electronic means	2159
the fact that the transmitter is turned off or altered in any	2160
manner without prior approval of the court in relation to the	2161
electronic monitoring or without prior approval of the department	2162
of rehabilitation and correction in relation to the use of an	2163
electronic monitoring device for an inmate on transitional control	2164
or otherwise is tampered with.	2165

(3) Any type of technology that can adequately track or	2166
determine the location of a subject person at any time and that is	2167
approved by the director of rehabilitation and correction,	2168
including, but not limited to, any satellite technology, voice	2169
tracking system, or retinal scanning system that is so approved.	2170

(WW)(VV) "Non-economic loss" means nonpecuniary harm suffered	2171
by a victim of an offense as a result of or related to the	2172
commission of the offense, including, but not limited to, pain	2173
and suffering; loss of society, consortium, companionship, care,	2174
assistance, attention, protection, advice, guidance, counsel,	2175
instruction, training, or education; mental anguish; and any	2176
other intangible loss.	2177

(XX)(WW) "Prosecutor" has the same meaning as in section	2178
2935.01 of the Revised Code.	2179

(YY)(XX) "Continuous alcohol monitoring" means the ability to	2180
automatically test and periodically transmit alcohol consumption	2181
levels and tamper attempts at least every hour, regardless of the	2182
location of the person who is being monitored.	2183

(ZZ)(YY) A person is "adjudicated a sexually violent	2184
predator" if the person is convicted of or pleads guilty to a	2185
violent sex offense and also is convicted of or pleads guilty to	2186
a sexually violent predator specification that was included in	2187
the indictment, count in the indictment, or information charging	2188
that violent sex offense or if the person is convicted of or	2189
pleads guilty to a designated homicide, assault, or kidnapping	2190
offense and also is convicted of or pleads guilty to both a	2191
sexual motivation specification and a sexually violent predator	2192
specification that were included in the indictment, count in the	2193
indictment, or information charging that designated homicide,	2194
assault, or kidnapping offense.	2195

(AAA)(ZZ) An offense is "committed in proximity to a school"	2196
if the offender commits the offense in a school safety zone or	2197
within five hundred feet of any school building or the boundaries	2198
of any school premises, regardless of whether the offender knows	2199
the offense is being committed in a school safety zone or within	2200
five hundred feet of any school building or the boundaries of any	2201
school premises.	2202

Sec. 2929.13.  (A) Except as provided in division (E), (F),	2203
or (G) of this section and unless a specific sanction is required	2204
to be imposed or is precluded from being imposed pursuant to law,	2205
a court that imposes a sentence upon an offender for a felony may	2206
impose any sanction or combination of sanctions on the offender	2207
that are provided in sections 2929.14 to 2929.18 of the Revised	2208
Code. The sentence shall not impose an unnecessary burden on state	2209
or local government resources.	2210

If the offender is eligible to be sentenced to community	2211
control sanctions, the court shall consider the appropriateness of	2212
imposing a financial sanction pursuant to section 2929.18 of the	2213
Revised Code or a sanction of community service pursuant to	2214
section 2929.17 of the Revised Code as the sole sanction for the	2215
offense. Except as otherwise provided in this division, if the	2216
court is required to impose a mandatory prison term for the	2217
offense for which sentence is being imposed, the court also may	2218
impose a financial sanction pursuant to section 2929.18 of the	2219
Revised Code but may not impose any additional sanction or	2220
combination of sanctions under section 2929.16 or 2929.17 of the	2221
Revised Code.	2222

If the offender is being sentenced for a fourth degree felony	2223
OVI offense or for a third degree felony OVI offense, in addition	2224
to the mandatory term of local incarceration or the mandatory	2225
prison term required for the offense by division (G)(1) or (2) of	2226
this section, the court shall impose upon the offender a mandatory	2227
fine in accordance with division (B)(3) of section 2929.18 of the	2228
Revised Code and may impose whichever of the following is	2229
applicable:	2230

(1) For a fourth degree felony OVI offense for which sentence	2231
is imposed under division (G)(1) of this section, an additional	2232
community control sanction or combination of community control	2233
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	2234
the court imposes upon the offender a community control sanction	2235
and the offender violates any condition of the community control	2236
sanction, the court may take any action prescribed in division (B)	2237
of section 2929.15 of the Revised Code relative to the offender,	2238
including imposing a prison term on the offender pursuant to that	2239
division.	2240

(2) For a third or fourth degree felony OVI offense for which	2241
sentence is imposed under division (G)(2) of this section, an	2242
additional prison term as described in division (D)(4) of section	2243
2929.14 of the Revised Code or a community control sanction as	2244
described in division (G)(2) of this section.	2245

(B)(1) Except as provided in division (B)(2), (E), (F), or	2246
(G) of this section, in sentencing an offender for a felony of the	2247
fourth or fifth degree, the sentencing court shall determine	2248
whether any of the following apply:	2249

(a) In committing the offense, the offender caused physical	2250
harm to a person.	2251

(b) In committing the offense, the offender attempted to	2252
cause or made an actual threat of physical harm to a person with a	2253
deadly weapon.	2254

(c) In committing the offense, the offender attempted to	2255
cause or made an actual threat of physical harm to a person, and	2256
the offender previously was convicted of an offense that caused	2257
physical harm to a person.	2258

(d) The offender held a public office or position of trust	2259
and the offense related to that office or position; the offender's	2260
position obliged the offender to prevent the offense or to bring	2261
those committing it to justice; or the offender's professional	2262
reputation or position facilitated the offense or was likely to	2263
influence the future conduct of others.	2264

(e) The offender committed the offense for hire or as part of	2265
an organized criminal activity.	2266

(f) The offense is a sex offense that is a fourth or fifth	2267
degree felony violation of section 2907.03, 2907.04, 2907.05,	2268
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	2269
Revised Code.	2270

(g) The offender at the time of the offense was serving, or	2271
the offender previously had served, a prison term.	2272

(h) The offender committed the offense while under a	2273
community control sanction, while on probation, or while released	2274
from custody on a bond or personal recognizance.	2275

(i) The offender committed the offense while in possession of	2276
a firearm.	2277

(2)(a) If the court makes a finding described in division	2278
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	2279
section and if the court, after considering the factors set forth	2280
in section 2929.12 of the Revised Code, finds that a prison term	2281
is consistent with the purposes and principles of sentencing set	2282
forth in section 2929.11 of the Revised Code and finds that the	2283
offender is not amenable to an available community control	2284
sanction, the court shall impose a prison term upon the offender.	2285

(b) Except as provided in division (E), (F), or (G) of this	2286
section, if the court does not make a finding described in	2287
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	2288
this section and if the court, after considering the factors set	2289
forth in section 2929.12 of the Revised Code, finds that a	2290
community control sanction or combination of community control	2291
sanctions is consistent with the purposes and principles of	2292
sentencing set forth in section 2929.11 of the Revised Code, the	2293
court shall impose a community control sanction or combination of	2294
community control sanctions upon the offender.	2295

(C) Except as provided in division (D), (E), (F), or (G) of	2296
this section, in determining whether to impose a prison term as a	2297
sanction for a felony of the third degree or a felony drug offense	2298
that is a violation of a provision of Chapter 2925. of the Revised	2299
Code and that is specified as being subject to this division for	2300
purposes of sentencing, the sentencing court shall comply with the	2301
purposes and principles of sentencing under section 2929.11 of the	2302
Revised Code and with section 2929.12 of the Revised Code.	2303

(D)(1) Except as provided in division (E) or (F) of this	2304
section, for a felony of the first or second degree, for a felony	2305
drug offense that is a violation of any provision of Chapter	2306
2925., 3719., or 4729. of the Revised Code for which a presumption	2307
in favor of a prison term is specified as being applicable, and	2308
for a violation of division (A)(4) or (B) of section 2907.05 of	2309
the Revised Code for which a presumption in favor of a prison term	2310
is specified as being applicable, it is presumed that a prison	2311
term is necessary in order to comply with the purposes and	2312
principles of sentencing under section 2929.11 of the Revised	2313
Code. Division (D)(2) of this section does not apply to a	2314
presumption established under this division for a violation of	2315
division (A)(4) of section 2907.05 of the Revised Code.	2316

(2) Notwithstanding the presumption established under	2317
division (D)(1) of this section for the offenses listed in that	2318
division other than a violation of division (A)(4) or (B) of	2319
section 2907.05 of the Revised Code, the sentencing court may	2320
impose a community control sanction or a combination of community	2321
control sanctions instead of a prison term on an offender for a	2322
felony of the first or second degree or for a felony drug offense	2323
that is a violation of any provision of Chapter 2925., 3719., or	2324
4729. of the Revised Code for which a presumption in favor of a	2325
prison term is specified as being applicable if it makes both of	2326
the following findings:	2327

(a) A community control sanction or a combination of	2328
community control sanctions would adequately punish the offender	2329
and protect the public from future crime, because the applicable	2330
factors under section 2929.12 of the Revised Code indicating a	2331
lesser likelihood of recidivism outweigh the applicable factors	2332
under that section indicating a greater likelihood of recidivism.	2333

(b) A community control sanction or a combination of	2334
community control sanctions would not demean the seriousness of	2335
the offense, because one or more factors under section 2929.12 of	2336
the Revised Code that indicate that the offender's conduct was	2337
less serious than conduct normally constituting the offense are	2338
applicable, and they outweigh the applicable factors under that	2339
section that indicate that the offender's conduct was more serious	2340
than conduct normally constituting the offense.	2341

(E)(1) Except as provided in division (F) of this section,	2342
for any drug offense that is a violation of any provision of	2343
Chapter 2925. of the Revised Code and that is a felony of the	2344
third, fourth, or fifth degree, the applicability of a presumption	2345
under division (D) of this section in favor of a prison term or of	2346
division (B) or (C) of this section in determining whether to	2347
impose a prison term for the offense shall be determined as	2348
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2349
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2350
Revised Code, whichever is applicable regarding the violation.	2351

(2) If an offender who was convicted of or pleaded guilty to	2352
a felony violates the conditions of a community control sanction	2353
imposed for the offense solely by reason of producing positive	2354
results on a drug test, the court, as punishment for the violation	2355
of the sanction, shall not order that the offender be imprisoned	2356
unless the court determines on the record either of the following:	2357

(a) The offender had been ordered as a sanction for the	2358
felony to participate in a drug treatment program, in a drug	2359
education program, or in narcotics anonymous or a similar program,	2360
and the offender continued to use illegal drugs after a reasonable	2361
period of participation in the program.	2362

(b) The imprisonment of the offender for the violation is	2363
consistent with the purposes and principles of sentencing set	2364
forth in section 2929.11 of the Revised Code.	2365

(3) A court that sentences an offender for a drug abuse	2366
offense that is a felony of the third, fourth, or fifth degree	2367
may require that the offender be assessed by a properly	2368
credentialed professional within a specified period of time. The	2369
court shall require the professional to file a written assessment	2370
of the offender with the court. If the offender is eligible for a	2371
community control sanction and after considering the written	2372
assessment, the court may impose a community control sanction	2373
that includes treatment and recovery support services authorized	2374
by section 3793.02 of the Revised Code. If the court imposes	2375
treatment and recovery support services as a community control	2376
sanction, the court shall direct the level and type of treatment	2377
and recovery support services after considering the assessment and	2378
recommendation of treatment and recovery support services	2379
providers.	2380

(F) Notwithstanding divisions (A) to (E) of this section, the	2381
court shall impose a prison term or terms under sections 2929.02	2382
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	2383
of the Revised Code and except as specifically provided in section	2384
2929.20 or 2967.191 of the Revised Code or when parole is	2385
authorized for the offense under section 2967.13 of the Revised	2386
Code shall not reduce the term or terms pursuant to section	2387
2929.20, section 2967.193, or any other provision of Chapter 2967.	2388
or Chapter 5120. of the Revised Code for any of the following	2389
offenses:	2390

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

2391

(2) Any rape, regardless of whether force was involved and	2392
regardless of the age of the victim, or an attempt to commit rape	2393
if, had the offender completed the rape that was attempted, the	2394
offender would have been guilty of a violation of division	2395
(A)(1)(b) of section 2907.02 of the Revised Code and would be	2396
sentenced under section 2971.03 of the Revised Code;	2397

(3) Gross sexual imposition or sexual battery, if the victim	2398
is less than thirteen years of age and if any of the following	2399
applies:	2400

(a) Regarding gross sexual imposition, the offender	2401
previously was convicted of or pleaded guilty to rape, the former	2402
offense of felonious sexual penetration, gross sexual imposition,	2403
or sexual battery, and the victim of the previous offense was	2404
less than thirteen years of age;	2405

(b) Regarding gross sexual imposition, the offense was	2406
committed on or after August 3, 2006, and evidence other than the	2407
testimony of the victim was admitted in the case corroborating the	2408
violation.	2409

(c) Regarding sexual battery, either of the following	2410
applies:	2411

(i) The offense was committed prior to August 3, 2006, the	2412
offender previously was convicted of or pleaded guilty to rape,	2413
the former offense of felonious sexual penetration, or sexual	2414
battery, and the victim of the previous offense was less than	2415
thirteen years of age.	2416

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

2417

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2418
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	2419
section requires the imposition of a prison term;	2420

(5) A first, second, or third degree felony drug offense for	2421
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2422
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2423
4729.99 of the Revised Code, whichever is applicable regarding the	2424
violation, requires the imposition of a mandatory prison term;	2425

(6) Any offense that is a first or second degree felony and	2426
that is not set forth in division (F)(1), (2), (3), or (4) of this	2427
section, if the offender previously was convicted of or pleaded	2428
guilty to aggravated murder, murder, any first or second degree	2429
felony, or an offense under an existing or former law of this	2430
state, another state, or the United States that is or was	2431
substantially equivalent to one of those offenses;	2432

(7) Any offense that is a third degree felony and either is	2433
a violation of section 2903.04 of the Revised Code or an attempt	2434
to commit a felony of the second degree that is an offense of	2435
violence and involved an attempt to cause serious physical harm to	2436
a person or that resulted in serious physical harm to a person if	2437
the offender previously was convicted of or pleaded guilty to any	2438
of the following offenses:	2439

(a) Aggravated murder, murder, involuntary manslaughter,	2440
rape, felonious sexual penetration as it existed under section	2441
2907.12 of the Revised Code prior to September 3, 1996, a felony	2442
of the first or second degree that resulted in the death of a	2443
person or in physical harm to a person, or complicity in or an	2444
attempt to commit any of those offenses;	2445

(b) An offense under an existing or former law of this state,	2446
another state, or the United States that is or was substantially	2447
equivalent to an offense listed in division (F)(7)(a) of this	2448
section that resulted in the death of a person or in physical harm	2449
to a person.	2450

(8) Any offense, other than a violation of section 2923.12 of	2451
the Revised Code, that is a felony, if the offender had a firearm	2452
on or about the offender's person or under the offender's control	2453
while committing the felony, with respect to a portion of the	2454
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2455
of the Revised Code for having the firearm;	2456

(9) Any offense of violence that is a felony, if the offender	2457
wore or carried body armor while committing the felony offense of	2458
violence, with respect to the portion of the sentence imposed	2459
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2460
Code for wearing or carrying the body armor;	2461

(10) Corrupt activity in violation of section 2923.32 of the	2462
Revised Code when the most serious offense in the pattern of	2463
corrupt activity that is the basis of the offense is a felony of	2464
the first degree;	2465

(11) Any violent sex offense or designated homicide, assault,	2466
or kidnapping offense if, in relation to that offense, the	2467
offender is adjudicated a sexually violent predator;	2468

(12) A violation of division (A)(1) or (2) of section 2921.36	2469
of the Revised Code, or a violation of division (C) of that	2470
section involving an item listed in division (A)(1) or (2) of that	2471
section, if the offender is an officer or employee of the	2472
department of rehabilitation and correction;	2473

(13) A violation of division (A)(1) or (2) of section 2903.06	2474
of the Revised Code if the victim of the offense is a peace	2475
officer, as defined in section 2935.01 of the Revised Code, or an	2476
investigator of the bureau of criminal identification and	2477
investigation, as defined in section 2903.11 of the Revised Code,	2478
with respect to the portion of the sentence imposed pursuant to	2479
division (D)(5) of section 2929.14 of the Revised Code;	2480

(14) A violation of division (A)(1) or (2) of section 2903.06	2481
of the Revised Code if the offender has been convicted of or	2482
pleaded guilty to three or more violations of division (A) or (B)	2483
of section 4511.19 of the Revised Code or an equivalent offense,	2484
as defined in section 2941.1415 of the Revised Code, or three or	2485
more violations of any combination of those divisions and	2486
offenses, with respect to the portion of the sentence imposed	2487
pursuant to division (D)(6) of section 2929.14 of the Revised	2488
Code;	2489

(15) Kidnapping, in the circumstances specified in section	2490
2971.03 of the Revised Code and when no other provision of	2491
division (F) of this section applies.	2492

(G) Notwithstanding divisions (A) to (E) of this section, if	2493
an offender is being sentenced for a fourth degree felony OVI	2494
offense or for a third degree felony OVI offense, the court shall	2495
impose upon the offender a mandatory term of local incarceration	2496
or a mandatory prison term in accordance with the following:	2497

(1) If the offender is being sentenced for a fourth degree	2498
felony OVI offense and if the offender has not been convicted of	2499
and has not pleaded guilty to a specification of the type	2500
described in section 2941.1413 of the Revised Code, the court may	2501
impose upon the offender a mandatory term of local incarceration	2502
of sixty days or one hundred twenty days as specified in division	2503
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2504
not reduce the term pursuant to section 2929.20, 2967.193, or any	2505
other provision of the Revised Code. The court that imposes a	2506
mandatory term of local incarceration under this division shall	2507
specify whether the term is to be served in a jail, a	2508
community-based correctional facility, a halfway house, or an	2509
alternative residential facility, and the offender shall serve the	2510
term in the type of facility specified by the court. A mandatory	2511
term of local incarceration imposed under division (G)(1) of this	2512
section is not subject to extension under section 2967.11 of the	2513
Revised Code, to a period of post-release control under section	2514
2967.28 of the Revised Code, or to any other Revised Code	2515
provision that pertains to a prison term except as provided in	2516
division (A)(1) of this section.	2517

(2) If the offender is being sentenced for a third degree	2518
felony OVI offense, or if the offender is being sentenced for a	2519
fourth degree felony OVI offense and the court does not impose a	2520
mandatory term of local incarceration under division (G)(1) of	2521
this section, the court shall impose upon the offender a mandatory	2522
prison term of one, two, three, four, or five years if the	2523
offender also is convicted of or also pleads guilty to a	2524
specification of the type described in section 2941.1413 of the	2525
Revised Code or shall impose upon the offender a mandatory prison	2526
term of sixty days or one hundred twenty days as specified in	2527
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2528
if the offender has not been convicted of and has not pleaded	2529
guilty to a specification of that type. The court shall not reduce	2530
the term pursuant to section 2929.20, 2967.193, or any other	2531
provision of the Revised Code. The offender shall serve the one-,	2532
two-, three-, four-, or five-year mandatory prison term	2533
consecutively to and prior to the prison term imposed for the	2534
underlying offense and consecutively to any other mandatory prison	2535
term imposed in relation to the offense. In no case shall an	2536
offender who once has been sentenced to a mandatory term of local	2537
incarceration pursuant to division (G)(1) of this section for a	2538
fourth degree felony OVI offense be sentenced to another mandatory	2539
term of local incarceration under that division for any violation	2540
of division (A) of section 4511.19 of the Revised Code. In	2541
addition to the mandatory prison term described in division (G)(2)	2542
of this section, the court may sentence the offender to a	2543
community control sanction under section 2929.16 or 2929.17 of the	2544
Revised Code, but the offender shall serve the prison term prior	2545
to serving the community control sanction. The department of	2546
rehabilitation and correction may place an offender sentenced to a	2547
mandatory prison term under this division in an intensive program	2548
prison established pursuant to section 5120.033 of the Revised	2549
Code if the department gave the sentencing judge prior notice of	2550
its intent to place the offender in an intensive program prison	2551
established under that section and if the judge did not notify the	2552
department that the judge disapproved the placement. Upon the	2553
establishment of the initial intensive program prison pursuant to	2554
section 5120.033 of the Revised Code that is privately operated	2555
and managed by a contractor pursuant to a contract entered into	2556
under section 9.06 of the Revised Code, both of the following	2557
apply:	2558

(a) The department of rehabilitation and correction shall	2559
make a reasonable effort to ensure that a sufficient number of	2560
offenders sentenced to a mandatory prison term under this division	2561
are placed in the privately operated and managed prison so that	2562
the privately operated and managed prison has full occupancy.	2563

(b) Unless the privately operated and managed prison has full	2564
occupancy, the department of rehabilitation and correction shall	2565
not place any offender sentenced to a mandatory prison term under	2566
this division in any intensive program prison established pursuant	2567
to section 5120.033 of the Revised Code other than the privately	2568
operated and managed prison.	2569

(H) If an offender is being sentenced for a sexually oriented	2570
offense or child-victim oriented offense that is a felony	2571
committed on or after January 1, 1997, the judge shall require the	2572
offender to submit to a DNA specimen collection procedure pursuant	2573
to section 2901.07 of the Revised Code.	2574

(I) If an offender is being sentenced for a sexually oriented	2575
offense or a child-victim oriented offense committed on or after	2576
January 1, 1997, the judge shall include in the sentence a	2577
summary of the offender's duties imposed under sections 2950.04,	2578
2950.041, 2950.05, and 2950.06 of the Revised Code and the	2579
duration of the duties. The judge shall inform the offender, at	2580
the time of sentencing, of those duties and of their duration. If	2581
required under division (A)(2) of section 2950.03 of the Revised	2582
Code, the judge shall perform the duties specified in that	2583
section, or, if required under division (A)(6) of section 2950.03	2584
of the Revised Code, the judge shall perform the duties specified	2585
in that division.	2586

(J)(1) Except as provided in division (J)(2) of this section,	2587
when considering sentencing factors under this section in relation	2588
to an offender who is convicted of or pleads guilty to an attempt	2589
to commit an offense in violation of section 2923.02 of the	2590
Revised Code, the sentencing court shall consider the factors	2591
applicable to the felony category of the violation of section	2592
2923.02 of the Revised Code instead of the factors applicable to	2593
the felony category of the offense attempted.	2594

(2) When considering sentencing factors under this section in	2595
relation to an offender who is convicted of or pleads guilty to an	2596
attempt to commit a drug abuse offense for which the penalty is	2597
determined by the amount or number of unit doses of the controlled	2598
substance involved in the drug abuse offense, the sentencing court	2599
shall consider the factors applicable to the felony category that	2600
the drug abuse offense attempted would be if that drug abuse	2601
offense had been committed and had involved an amount or number of	2602
unit doses of the controlled substance that is within the next	2603
lower range of controlled substance amounts than was involved in	2604
the attempt.	2605

(K) As used in this section, "drug abuse offense" has the	2606
same meaning as in section 2925.01 of the Revised Code.	2607

(L) At the time of sentencing an offender for any sexually	2608
oriented offense, if the offender is a tier III sex	2609
offender/child-victim offender relative to that offense and the	2610
offender does not serve a prison term or jail term, the court may	2611
require that the offender be monitored by means of a global	2612
positioning device. If the court requires such monitoring, the	2613
cost of monitoring shall be borne by the offender. If the	2614
offender is indigent, the cost of compliance shall be paid by the	2615
crime victims reparations fund.	2616

Sec. 2929.14.  (A) Except as provided in division (C),	2617
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), (I), (J), or	2618
(L) of this section and except in relation to an offense for	2619
which a sentence of death or life imprisonment is to be imposed,	2620
if the court imposing a sentence upon an offender for a felony	2621
elects or is required to impose a prison term on the offender	2622
pursuant to this chapter, the court shall impose a definite	2623
prison term that shall be one of the following:	2624

(1) For a felony of the first degree, the prison term shall	2625
be three, four, five, six, seven, eight, nine, or ten years.	2626

(2) For a felony of the second degree, the prison term shall	2627
be two, three, four, five, six, seven, or eight years.	2628

(3) For a felony of the third degree, the prison term shall	2629
be one, two, three, four, or five years.	2630

(4) For a felony of the fourth degree, the prison term shall	2631
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2632
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2633

(5) For a felony of the fifth degree, the prison term shall	2634
be six, seven, eight, nine, ten, eleven, or twelve months.	2635

(B) Except as provided in division (C), (D)(1), (D)(2),	2636
(D)(3), (D)(5), (D)(6), (G), (I), (J), or (L) of this section, in	2637
section 2907.02 or 2907.05 of the Revised Code, or in Chapter	2638
2925. of the Revised Code, if the court imposing a sentence upon	2639
an offender for a felony elects or is required to impose a prison	2640
term on the offender, the court shall impose the shortest prison	2641
term authorized for the offense pursuant to division (A) of this	2642
section, unless one or more of the following applies:	2643

(1) The offender was serving a prison term at the time of the	2644
offense, or the offender previously had served a prison term.	2645

(2) The court finds on the record that the shortest prison	2646
term will demean the seriousness of the offender's conduct or will	2647
not adequately protect the public from future crime by the	2648
offender or others.	2649

(C) Except as provided in division (G) or (L) of this section	2650
or in Chapter 2925. of the Revised Code, the court imposing a	2651
sentence upon an offender for a felony may impose the longest	2652
prison term authorized for the offense pursuant to division (A) of	2653
this section only upon offenders who committed the worst forms of	2654
the offense, upon offenders who pose the greatest likelihood of	2655
committing future crimes, upon certain major drug offenders under	2656
division (D)(3) of this section, and upon certain repeat violent	2657
offenders in accordance with division (D)(2) of this section.	2658

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2659
section, if an offender who is convicted of or pleads guilty to a	2660
felony also is convicted of or pleads guilty to a specification of	2661
the type described in section 2941.141, 2941.144, or 2941.145 of	2662
the Revised Code, the court shall impose on the offender one of	2663
the following prison terms:	2664

(i) A prison term of six years if the specification is of the	2665
type described in section 2941.144 of the Revised Code that	2666
charges the offender with having a firearm that is an automatic	2667
firearm or that was equipped with a firearm muffler or silencer on	2668
or about the offender's person or under the offender's control	2669
while committing the felony;	2670

(ii) A prison term of three years if the specification is of	2671
the type described in section 2941.145 of the Revised Code that	2672
charges the offender with having a firearm on or about the	2673
offender's person or under the offender's control while committing	2674
the offense and displaying the firearm, brandishing the firearm,	2675
indicating that the offender possessed the firearm, or using it to	2676
facilitate the offense;	2677

(iii) A prison term of one year if the specification is of	2678
the type described in section 2941.141 of the Revised Code that	2679
charges the offender with having a firearm on or about the	2680
offender's person or under the offender's control while committing	2681
the felony.	2682

(b) If a court imposes a prison term on an offender under	2683
division (D)(1)(a) of this section, the prison term shall not be	2684
reduced pursuant to section 2929.20, section 2967.193, or any	2685
other provision of Chapter 2967. or Chapter 5120. of the Revised	2686
Code. Except as provided in division (D)(1)(g) of this section, a	2687
court shall not impose more than one prison term on an offender	2688
under division (D)(1)(a) of this section for felonies committed as	2689
part of the same act or transaction.	2690

(c) Except as provided in division (D)(1)(e) of this section,	2691
if an offender who is convicted of or pleads guilty to a violation	2692
of section 2923.161 of the Revised Code or to a felony that	2693
includes, as an essential element, purposely or knowingly causing	2694
or attempting to cause the death of or physical harm to another,	2695
also is convicted of or pleads guilty to a specification of the	2696
type described in section 2941.146 of the Revised Code that	2697
charges the offender with committing the offense by discharging a	2698
firearm from a motor vehicle other than a manufactured home, the	2699
court, after imposing a prison term on the offender for the	2700
violation of section 2923.161 of the Revised Code or for the other	2701
felony offense under division (A), (D)(2), or (D)(3) of this	2702
section, shall impose an additional prison term of five years upon	2703
the offender that shall not be reduced pursuant to section	2704
2929.20, section 2967.193, or any other provision of Chapter 2967.	2705
or Chapter 5120. of the Revised Code. A court shall not impose	2706
more than one additional prison term on an offender under division	2707
(D)(1)(c) of this section for felonies committed as part of the	2708
same act or transaction. If a court imposes an additional prison	2709
term on an offender under division (D)(1)(c) of this section	2710
relative to an offense, the court also shall impose a prison term	2711
under division (D)(1)(a) of this section relative to the same	2712
offense, provided the criteria specified in that division for	2713
imposing an additional prison term are satisfied relative to the	2714
offender and the offense.	2715

(d) If an offender who is convicted of or pleads guilty to	2716
an offense of violence that is a felony also is convicted of or	2717
pleads guilty to a specification of the type described in section	2718
2941.1411 of the Revised Code that charges the offender with	2719
wearing or carrying body armor while committing the felony offense	2720
of violence, the court shall impose on the offender a prison term	2721
of two years. The prison term so imposed shall not be reduced	2722
pursuant to section 2929.20, section 2967.193, or any other	2723
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2724
court shall not impose more than one prison term on an offender	2725
under division (D)(1)(d) of this section for felonies committed as	2726
part of the same act or transaction. If a court imposes an	2727
additional prison term under division (D)(1)(a) or (c) of this	2728
section, the court is not precluded from imposing an additional	2729
prison term under division (D)(1)(d) of this section.	2730

(e) The court shall not impose any of the prison terms	2731
described in division (D)(1)(a) of this section or any of the	2732
additional prison terms described in division (D)(1)(c) of this	2733
section upon an offender for a violation of section 2923.12 or	2734
2923.123 of the Revised Code. The court shall not impose any of	2735
the prison terms described in division (D)(1)(a) or (b) of this	2736
section upon an offender for a violation of section 2923.122 that	2737
involves a deadly weapon that is a firearm other than a dangerous	2738
ordnance, section 2923.16, or section 2923.121 of the Revised	2739
Code. The court shall not impose any of the prison terms described	2740
in division (D)(1)(a) of this section or any of the additional	2741
prison terms described in division (D)(1)(c) of this section upon	2742
an offender for a violation of section 2923.13 of the Revised Code	2743
unless all of the following apply:	2744

(i) The offender previously has been convicted of aggravated	2745
murder, murder, or any felony of the first or second degree.	2746

(ii) Less than five years have passed since the offender was	2747
released from prison or post-release control, whichever is later,	2748
for the prior offense.	2749

(f) If an offender is convicted of or pleads guilty to a	2750
felony that includes, as an essential element, causing or	2751
attempting to cause the death of or physical harm to another and	2752
also is convicted of or pleads guilty to a specification of the	2753
type described in section 2941.1412 of the Revised Code that	2754
charges the offender with committing the offense by discharging a	2755
firearm at a peace officer as defined in section 2935.01 of the	2756
Revised Code or a corrections officer, as defined in section	2757
2941.1412 of the Revised Code, the court, after imposing a prison	2758
term on the offender for the felony offense under division (A),	2759
(D)(2), or (D)(3) of this section, shall impose an additional	2760
prison term of seven years upon the offender that shall not be	2761
reduced pursuant to section 2929.20, section 2967.193, or any	2762
other provision of Chapter 2967. or Chapter 5120. of the Revised	2763
Code. If an offender is convicted of or pleads guilty to two or	2764
more felonies that include, as an essential element, causing or	2765
attempting to cause the death or physical harm to another and	2766
also is convicted of or pleads guilty to a specification of the	2767
type described under division (D)(1)(f) of this section in	2768
connection with two or more of the felonies of which the offender	2769
is convicted or to which the offender pleads guilty, the	2770
sentencing court shall impose on the offender the prison term	2771
specified under division (D)(1)(f) of this section for each of	2772
two of the specifications of which the offender is convicted or	2773
to which the offender pleads guilty and, in its discretion, also	2774
may impose on the offender the prison term specified under that	2775
division for any or all of the remaining specifications. If a	2776
court imposes an additional prison term on an offender under	2777
division (D)(1)(f) of this section relative to an offense, the	2778
court shall not impose a prison term under division (D)(1)(a) or	2779
(c) of this section relative to the same offense.	2780

(g) If an offender is convicted of or pleads guilty to two	2781
or more felonies, if one or more of those felonies is aggravated	2782
murder, murder, attempted aggravated murder, attempted murder,	2783
aggravated robbery, felonious assault, or rape, and if the	2784
offender is convicted of or pleads guilty to a specification of	2785
the type described under division (D)(1)(a) of this section in	2786
connection with two or more of the felonies, the sentencing court	2787
shall impose on the offender the prison term specified under	2788
division (D)(1)(a) of this section for each of the two most	2789
serious specifications of which the offender is convicted or to	2790
which the offender pleads guilty and, in its discretion, also may	2791
impose on the offender the prison term specified under that	2792
division for any or all of the remaining specifications.	2793

(2)(a) If division (D)(2)(b) of this section does not apply,	2794
the court may impose on an offender, in addition to the longest	2795
prison term authorized or required for the offense, an additional	2796
definite prison term of one, two, three, four, five, six, seven,	2797
eight, nine, or ten years if all of the following criteria are	2798
met:	2799

(i) The offender is convicted of or pleads guilty to a	2800
specification of the type described in section 2941.149 of the	2801
Revised Code that the offender is a repeat violent offender.	2802

(ii) The offense of which the offender currently is convicted	2803
or to which the offender currently pleads guilty is aggravated	2804
murder and the court does not impose a sentence of death or life	2805
imprisonment without parole, murder, terrorism and the court does	2806
not impose a sentence of life imprisonment without parole, any	2807
felony of the first degree that is an offense of violence and the	2808
court does not impose a sentence of life imprisonment without	2809
parole, or any felony of the second degree that is an offense of	2810
violence and the trier of fact finds that the offense involved an	2811
attempt to cause or a threat to cause serious physical harm to a	2812
person or resulted in serious physical harm to a person.	2813

(iii) The court imposes the longest prison term for the	2814
offense that is not life imprisonment without parole.	2815

(iv) The court finds that the prison terms imposed pursuant	2816
to division (D)(2)(a)(iii) of this section and, if applicable,	2817
division (D)(1) or (3) of this section are inadequate to punish	2818
the offender and protect the public from future crime, because the	2819
applicable factors under section 2929.12 of the Revised Code	2820
indicating a greater likelihood of recidivism outweigh the	2821
applicable factors under that section indicating a lesser	2822
likelihood of recidivism.	2823

(v) The court finds that the prison terms imposed pursuant to	2824
division (D)(2)(a)(iii) of this section and, if applicable,	2825
division (D)(1) or (3) of this section are demeaning to the	2826
seriousness of the offense, because one or more of the factors	2827
under section 2929.12 of the Revised Code indicating that the	2828
offender's conduct is more serious than conduct normally	2829
constituting the offense are present, and they outweigh the	2830
applicable factors under that section indicating that the	2831
offender's conduct is less serious than conduct normally	2832
constituting the offense.	2833

(b) The court shall impose on an offender the longest prison	2834
term authorized or required for the offense and shall impose on	2835
the offender an additional definite prison term of one, two,	2836
three, four, five, six, seven, eight, nine, or ten years if all of	2837
the following criteria are met:	2838

(i) The offender is convicted of or pleads guilty to a	2839
specification of the type described in section 2941.149 of the	2840
Revised Code that the offender is a repeat violent offender.	2841

(ii) The offender within the preceding twenty years has been	2842
convicted of or pleaded guilty to three or more offenses described	2843
in division (DD)(CC)(1) of section 2929.01 of the Revised Code,	2844
including all offenses described in that division of which the	2845
offender is convicted or to which the offender pleads guilty in	2846
the current prosecution and all offenses described in that	2847
division of which the offender previously has been convicted or to	2848
which the offender previously pleaded guilty, whether prosecuted	2849
together or separately.	2850

(iii) The offense or offenses of which the offender currently	2851
is convicted or to which the offender currently pleads guilty is	2852
aggravated murder and the court does not impose a sentence of	2853
death or life imprisonment without parole, murder, terrorism and	2854
the court does not impose a sentence of life imprisonment without	2855
parole, any felony of the first degree that is an offense of	2856
violence and the court does not impose a sentence of life	2857
imprisonment without parole, or any felony of the second degree	2858
that is an offense of violence and the trier of fact finds that	2859
the offense involved an attempt to cause or a threat to cause	2860
serious physical harm to a person or resulted in serious physical	2861
harm to a person.	2862

(c) For purposes of division (D)(2)(b) of this section, two	2863
or more offenses committed at the same time or as part of the same	2864
act or event shall be considered one offense, and that one offense	2865
shall be the offense with the greatest penalty.	2866

(d) A sentence imposed under division (D)(2)(a) or (b) of	2867
this section shall not be reduced pursuant to section 2929.20 or	2868
section 2967.193, or any other provision of Chapter 2967. or	2869
Chapter 5120. of the Revised Code. The offender shall serve an	2870
additional prison term imposed under this section consecutively to	2871
and prior to the prison term imposed for the underlying offense.	2872

(e) When imposing a sentence pursuant to division (D)(2)(a)	2873
or (b) of this section, the court shall state its findings	2874
explaining the imposed sentence.	2875

(3)(a) Except when an offender commits a violation of section	2876
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2877
the violation is life imprisonment or commits a violation of	2878
section 2903.02 of the Revised Code, if the offender commits a	2879
violation of section 2925.03 or 2925.11 of the Revised Code and	2880
that section classifies the offender as a major drug offender and	2881
requires the imposition of a ten-year prison term on the offender,	2882
if the offender commits a felony violation of section 2925.02,	2883
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2884
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2885
division (C) of section 4729.51, or division (J) of section	2886
4729.54 of the Revised Code that includes the sale, offer to sell,	2887
or possession of a schedule I or II controlled substance, with the	2888
exception of marihuana, and the court imposing sentence upon the	2889
offender finds that the offender is guilty of a specification of	2890
the type described in section 2941.1410 of the Revised Code	2891
charging that the offender is a major drug offender, if the court	2892
imposing sentence upon an offender for a felony finds that the	2893
offender is guilty of corrupt activity with the most serious	2894
offense in the pattern of corrupt activity being a felony of the	2895
first degree, or if the offender is guilty of an attempted	2896
violation of section 2907.02 of the Revised Code and, had the	2897
offender completed the violation of section 2907.02 of the Revised	2898
Code that was attempted, the offender would have been subject to a	2899
sentence of life imprisonment or life imprisonment without parole	2900
for the violation of section 2907.02 of the Revised Code, the	2901
court shall impose upon the offender for the felony violation a	2902
ten-year prison term that cannot be reduced pursuant to section	2903
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2904

(b) The court imposing a prison term on an offender under	2905
division (D)(3)(a) of this section may impose an additional prison	2906
term of one, two, three, four, five, six, seven, eight, nine, or	2907
ten years, if the court, with respect to the term imposed under	2908
division (D)(3)(a) of this section and, if applicable, divisions	2909
(D)(1) and (2) of this section, makes both of the findings set	2910
forth in divisions (D)(2)(a)(iv) and (v) of this section.	2911

(4) If the offender is being sentenced for a third or fourth	2912
degree felony OVI offense under division (G)(2) of section 2929.13	2913
of the Revised Code, the sentencing court shall impose upon the	2914
offender a mandatory prison term in accordance with that division.	2915
In addition to the mandatory prison term, if the offender is being	2916
sentenced for a fourth degree felony OVI offense, the court,	2917
notwithstanding division (A)(4) of this section, may sentence the	2918
offender to a definite prison term of not less than six months and	2919
not more than thirty months, and if the offender is being	2920
sentenced for a third degree felony OVI offense, the sentencing	2921
court may sentence the offender to an additional prison term of	2922
any duration specified in division (A)(3) of this section. In	2923
either case, the additional prison term imposed shall be reduced	2924
by the sixty or one hundred twenty days imposed upon the offender	2925
as the mandatory prison term. The total of the additional prison	2926
term imposed under division (D)(4) of this section plus the sixty	2927
or one hundred twenty days imposed as the mandatory prison term	2928
shall equal a definite term in the range of six months to thirty	2929
months for a fourth degree felony OVI offense and shall equal one	2930
of the authorized prison terms specified in division (A)(3) of	2931
this section for a third degree felony OVI offense. If the court	2932
imposes an additional prison term under division (D)(4) of this	2933
section, the offender shall serve the additional prison term after	2934
the offender has served the mandatory prison term required for the	2935
offense. In addition to the mandatory prison term or mandatory and	2936
additional prison term imposed as described in division (D)(4) of	2937
this section, the court also may sentence the offender to a	2938
community control sanction under section 2929.16 or 2929.17 of the	2939
Revised Code, but the offender shall serve all of the prison terms	2940
so imposed prior to serving the community control sanction.	2941

If the offender is being sentenced for a fourth degree felony	2942
OVI offense under division (G)(1) of section 2929.13 of the	2943
Revised Code and the court imposes a mandatory term of local	2944
incarceration, the court may impose a prison term as described in	2945
division (A)(1) of that section.	2946

(5) If an offender is convicted of or pleads guilty to a	2947
violation of division (A)(1) or (2) of section 2903.06 of the	2948
Revised Code and also is convicted of or pleads guilty to a	2949
specification of the type described in section 2941.1414 of the	2950
Revised Code that charges that the victim of the offense is a	2951
peace officer, as defined in section 2935.01 of the Revised Code,	2952
or an investigator of the bureau of criminal identification and	2953
investigation, as defined in section 2903.11 of the Revised Code,	2954
the court shall impose on the offender a prison term of five	2955
years. If a court imposes a prison term on an offender under	2956
division (D)(5) of this section, the prison term shall not be	2957
reduced pursuant to section 2929.20, section 2967.193, or any	2958
other provision of Chapter 2967. or Chapter 5120. of the Revised	2959
Code. A court shall not impose more than one prison term on an	2960
offender under division (D)(5) of this section for felonies	2961
committed as part of the same act.	2962

(6) If an offender is convicted of or pleads guilty to a	2963
violation of division (A)(1) or (2) of section 2903.06 of the	2964
Revised Code and also is convicted of or pleads guilty to a	2965
specification of the type described in section 2941.1415 of the	2966
Revised Code that charges that the offender previously has been	2967
convicted of or pleaded guilty to three or more violations of	2968
division (A) or (B) of section 4511.19 of the Revised Code or an	2969
equivalent offense, as defined in section 2941.1415 of the Revised	2970
Code, or three or more violations of any combination of those	2971
divisions and offenses, the court shall impose on the offender a	2972
prison term of three years. If a court imposes a prison term on an	2973
offender under division (D)(6) of this section, the prison term	2974
shall not be reduced pursuant to section 2929.20, section	2975
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2976
of the Revised Code. A court shall not impose more than one prison	2977
term on an offender under division (D)(6) of this section for	2978
felonies committed as part of the same act.	2979

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2980
mandatory prison term is imposed upon an offender pursuant to	2981
division (D)(1)(a) of this section for having a firearm on or	2982
about the offender's person or under the offender's control while	2983
committing a felony, if a mandatory prison term is imposed upon an	2984
offender pursuant to division (D)(1)(c) of this section for	2985
committing a felony specified in that division by discharging a	2986
firearm from a motor vehicle, or if both types of mandatory prison	2987
terms are imposed, the offender shall serve any mandatory prison	2988
term imposed under either division consecutively to any other	2989
mandatory prison term imposed under either division or under	2990
division (D)(1)(d) of this section, consecutively to and prior to	2991
any prison term imposed for the underlying felony pursuant to	2992
division (A), (D)(2), or (D)(3) of this section or any other	2993
section of the Revised Code, and consecutively to any other prison	2994
term or mandatory prison term previously or subsequently imposed	2995
upon the offender.	2996

(b) If a mandatory prison term is imposed upon an offender	2997
pursuant to division (D)(1)(d) of this section for wearing or	2998
carrying body armor while committing an offense of violence that	2999
is a felony, the offender shall serve the mandatory term so	3000
imposed consecutively to any other mandatory prison term imposed	3001
under that division or under division (D)(1)(a) or (c) of this	3002
section, consecutively to and prior to any prison term imposed for	3003
the underlying felony under division (A), (D)(2), or (D)(3) of	3004
this section or any other section of the Revised Code, and	3005
consecutively to any other prison term or mandatory prison term	3006
previously or subsequently imposed upon the offender.	3007

(c) If a mandatory prison term is imposed upon an offender	3008
pursuant to division (D)(1)(f) of this section, the offender shall	3009
serve the mandatory prison term so imposed consecutively to and	3010
prior to any prison term imposed for the underlying felony under	3011
division (A), (D)(2), or (D)(3) of this section or any other	3012
section of the Revised Code, and consecutively to any other prison	3013
term or mandatory prison term previously or subsequently imposed	3014
upon the offender.	3015

(2) If an offender who is an inmate in a jail, prison, or	3016
other residential detention facility violates section 2917.02,	3017
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	3018
who is under detention at a detention facility commits a felony	3019
violation of section 2923.131 of the Revised Code, or if an	3020
offender who is an inmate in a jail, prison, or other residential	3021
detention facility or is under detention at a detention facility	3022
commits another felony while the offender is an escapee in	3023
violation of section 2921.34 of the Revised Code, any prison term	3024
imposed upon the offender for one of those violations shall be	3025
served by the offender consecutively to the prison term or term of	3026
imprisonment the offender was serving when the offender committed	3027
that offense and to any other prison term previously or	3028
subsequently imposed upon the offender.	3029

(3) If a prison term is imposed for a violation of division	3030
(B) of section 2911.01 of the Revised Code, a violation of	3031
division (A) of section 2913.02 of the Revised Code in which the	3032
stolen property is a firearm or dangerous ordnance, or a felony	3033
violation of division (B) of section 2921.331 of the Revised Code,	3034
the offender shall serve that prison term consecutively to any	3035
other prison term or mandatory prison term previously or	3036
subsequently imposed upon the offender.	3037

(4) If multiple prison terms are imposed on an offender for	3038
convictions of multiple offenses, the court may require the	3039
offender to serve the prison terms consecutively if the court	3040
finds that the consecutive service is necessary to protect the	3041
public from future crime or to punish the offender and that	3042
consecutive sentences are not disproportionate to the seriousness	3043
of the offender's conduct and to the danger the offender poses to	3044
the public, and if the court also finds any of the following:	3045

(a) The offender committed one or more of the multiple	3046
offenses while the offender was awaiting trial or sentencing, was	3047
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3048
2929.18 of the Revised Code, or was under post-release control for	3049
a prior offense.	3050

(b) At least two of the multiple offenses were committed as	3051
part of one or more courses of conduct, and the harm caused by two	3052
or more of the multiple offenses so committed was so great or	3053
unusual that no single prison term for any of the offenses	3054
committed as part of any of the courses of conduct adequately	3055
reflects the seriousness of the offender's conduct.	3056

(c) The offender's history of criminal conduct demonstrates	3057
that consecutive sentences are necessary to protect the public	3058
from future crime by the offender.	3059

(5) If a mandatory prison term is imposed upon an offender	3060
pursuant to division (D)(5) or (6) of this section, the offender	3061
shall serve the mandatory prison term consecutively to and prior	3062
to any prison term imposed for the underlying violation of	3063
division (A)(1) or (2) of section 2903.06 of the Revised Code	3064
pursuant to division (A) of this section or section 2929.142 of	3065
the Revised Code. If a mandatory prison term is imposed upon an	3066
offender pursuant to division (D)(5) of this section, and if a	3067
mandatory prison term also is imposed upon the offender pursuant	3068
to division (D)(6) of this section in relation to the same	3069
violation, the offender shall serve the mandatory prison term	3070
imposed pursuant to division (D)(5) of this section consecutively	3071
to and prior to the mandatory prison term imposed pursuant to	3072
division (D)(6) of this section and consecutively to and prior to	3073
any prison term imposed for the underlying violation of division	3074
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	3075
division (A) of this section or section 2929.142 of the Revised	3076
Code.	3077

(6) When consecutive prison terms are imposed pursuant to	3078
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	3079
of this section, the term to be served is the aggregate of all of	3080
the terms so imposed.	3081

(F)(1) If a court imposes a prison term for a felony of the	3082
first degree, for a felony of the second degree, for a felony sex	3083
offense, or for a felony of the third degree that is not a felony	3084
sex offense and in the commission of which the offender caused or	3085
threatened to cause physical harm to a person, it shall include in	3086
the sentence a requirement that the offender be subject to a	3087
period of post-release control after the offender's release from	3088
imprisonment, in accordance with that division. If a court imposes	3089
a sentence including a prison term of a type described in this	3090
division on or after July 11, 2006, the failure of a court to	3091
include a post-release control requirement in the sentence	3092
pursuant to this division does not negate, limit, or otherwise	3093
affect the mandatory period of post-release control that is	3094
required for the offender under division (B) of section 2967.28 of	3095
the Revised Code. Section 2929.191 of the Revised Code applies if,	3096
prior to July 11, 2006, a court imposed a sentence including a	3097
prison term of a type described in this division and failed to	3098
include in the sentence pursuant to this division a statement	3099
regarding post-release control.	3100

(2) If a court imposes a prison term for a felony of the	3101
third, fourth, or fifth degree that is not subject to division	3102
(F)(1) of this section, it shall include in the sentence a	3103
requirement that the offender be subject to a period of	3104
post-release control after the offender's release from	3105
imprisonment, in accordance with that division, if the parole	3106
board determines that a period of post-release control is	3107
necessary. Section 2929.191 of the Revised Code applies if, prior	3108
to July 11, 2006, a court imposed a sentence including a prison	3109
term of a type described in this division and failed to include in	3110
the sentence pursuant to this division a statement regarding	3111
post-release control.	3112

(G) The court shall impose sentence upon the offender in	3113
accordance with section 2971.03 of the Revised Code, and Chapter	3114
2971. of the Revised Code applies regarding the prison term or	3115
term of life imprisonment without parole imposed upon the offender	3116
and the service of that term of imprisonment if any of the	3117
following apply:	3118

(1) A person is convicted of or pleads guilty to a violent	3119
sex offense or a designated homicide, assault, or kidnapping	3120
offense, and, in relation to that offense, the offender is	3121
adjudicated a sexually violent predator.	3122

(2) A person is convicted of or pleads guilty to a violation	3123
of division (A)(1)(b) of section 2907.02 of the Revised Code	3124
committed on or after January 2, 2007, and either the court does	3125
not impose a sentence of life without parole when authorized	3126
pursuant to division (B) of section 2907.02 of the Revised Code,	3127
or division (B) of section 2907.02 of the Revised Code provides	3128
that the court shall not sentence the offender pursuant to	3129
section 2971.03 of the Revised Code.	3130

(3) A person is convicted of or pleads guilty to attempted	3131
rape committed on or after January 2, 2007, and a specification	3132
of the type described in section 2941.1418, 2941.1419, or	3133
2941.1420 of the Revised Code.	3134

(4) A person is convicted of or pleads guilty to a violation	3135
of section 2905.01 of the Revised Code committed on or after	3136
January 1, 2008, and that section requires the court to sentence	3137
the offender pursuant to section 2971.03 of the Revised Code.	3138

(5) A person is convicted of or pleads guilty to aggravated	3139
murder committed on or after January 1, 2008, and division	3140
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	3141
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	3142
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	3143
2929.06 of the Revised Code requires the court to sentence the	3144
offender pursuant to division (B)(3) of section 2971.03 of the	3145
Revised Code.	3146

(6) A person is convicted of or pleads guilty to murder	3147
committed on or after January 1, 2008, and division (B)(2) of	3148
section 2929.02 of the Revised Code requires the court to	3149
sentence the offender pursuant to section 2971.03 of the Revised	3150
Code.	3151

(H) If a person who has been convicted of or pleaded guilty	3152
to a felony is sentenced to a prison term or term of imprisonment	3153
under this section, sections 2929.02 to 2929.06 of the Revised	3154
Code, section 2929.142 of the Revised Code, section 2971.03 of the	3155
Revised Code, or any other provision of law, section 5120.163 of	3156
the Revised Code applies regarding the person while the person is	3157
confined in a state correctional institution.	3158

(I) If an offender who is convicted of or pleads guilty to a	3159
felony that is an offense of violence also is convicted of or	3160
pleads guilty to a specification of the type described in section	3161
2941.142 of the Revised Code that charges the offender with having	3162
committed the felony while participating in a criminal gang, the	3163
court shall impose upon the offender an additional prison term of	3164
one, two, or three years.	3165

(J)(1) If an offender who is convicted of or pleads guilty to	3166
aggravated murder, murder, or a felony of the first, second, or	3167
third degree that is an offense of violence also is convicted of	3168
or pleads guilty to a specification of the type described in	3169
section 2941.143 of the Revised Code that charges the offender	3170
with having committed the offense in a school safety zone or	3171
towards a person in a school safety zone, the court shall impose	3172
upon the offender an additional prison term of two years. The	3173
offender shall serve the additional two years consecutively to and	3174
prior to the prison term imposed for the underlying offense.	3175

(2)(a) If an offender is convicted of or pleads guilty to a	3176
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3177
of the Revised Code and to a specification of the type described	3178
in section 2941.1421 of the Revised Code and if the court imposes	3179
a prison term on the offender for the felony violation, the court	3180
may impose upon the offender an additional prison term as follows:	3181

(i) Subject to division (J)(2)(a)(ii) of this section, an	3182
additional prison term of one, two, three, four, five, or six	3183
months;	3184

(ii) If the offender previously has been convicted of or	3185
pleaded guilty to one or more felony or misdemeanor violations of	3186
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	3187
Revised Code and also was convicted of or pleaded guilty to a	3188
specification of the type described in section 2941.1421 of the	3189
Revised Code regarding one or more of those violations, an	3190
additional prison term of one, two, three, four, five, six, seven,	3191
eight, nine, ten, eleven, or twelve months.	3192

(b) In lieu of imposing an additional prison term under	3193
division (J)(2)(a) of this section, the court may directly impose	3194
on the offender a sanction that requires the offender to wear a	3195
real-time processing, continual tracking electronic monitoring	3196
device during the period of time specified by the court. The	3197
period of time specified by the court shall equal the duration of	3198
an additional prison term that the court could have imposed upon	3199
the offender under division (J)(2)(a) of this section. A sanction	3200
imposed under this division shall commence on the date specified	3201
by the court, provided that the sanction shall not commence until	3202
after the offender has served the prison term imposed for the	3203
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3204
of the Revised Code and any residential sanction imposed for the	3205
violation under section 2929.16 of the Revised Code. A sanction	3206
imposed under this division shall be considered to be a community	3207
control sanction for purposes of section 2929.15 of the Revised	3208
Code, and all provisions of the Revised Code that pertain to	3209
community control sanctions shall apply to a sanction imposed	3210
under this division, except to the extent that they would by their	3211
nature be clearly inapplicable. The offender shall pay all costs	3212
associated with a sanction imposed under this division, including	3213
the cost of the use of the monitoring device.	3214

(K) At the time of sentencing, the court may recommend the	3215
offender for placement in a program of shock incarceration under	3216
section 5120.031 of the Revised Code or for placement in an	3217
intensive program prison under section 5120.032 of the Revised	3218
Code, disapprove placement of the offender in a program of shock	3219
incarceration or an intensive program prison of that nature, or	3220
make no recommendation on placement of the offender. In no case	3221
shall the department of rehabilitation and correction place the	3222
offender in a program or prison of that nature unless the	3223
department determines as specified in section 5120.031 or 5120.032	3224
of the Revised Code, whichever is applicable, that the offender is	3225
eligible for the placement.	3226

If the court disapproves placement of the offender in a	3227
program or prison of that nature, the department of rehabilitation	3228
and correction shall not place the offender in any program of	3229
shock incarceration or intensive program prison.	3230

If the court recommends placement of the offender in a	3231
program of shock incarceration or in an intensive program prison,	3232
and if the offender is subsequently placed in the recommended	3233
program or prison, the department shall notify the court of the	3234
placement and shall include with the notice a brief description of	3235
the placement.	3236

If the court recommends placement of the offender in a	3237
program of shock incarceration or in an intensive program prison	3238
and the department does not subsequently place the offender in the	3239
recommended program or prison, the department shall send a notice	3240
to the court indicating why the offender was not placed in the	3241
recommended program or prison.	3242

If the court does not make a recommendation under this	3243
division with respect to an offender and if the department	3244
determines as specified in section 5120.031 or 5120.032 of the	3245
Revised Code, whichever is applicable, that the offender is	3246
eligible for placement in a program or prison of that nature, the	3247
department shall screen the offender and determine if there is an	3248
available program of shock incarceration or an intensive program	3249
prison for which the offender is suited. If there is an available	3250
program of shock incarceration or an intensive program prison for	3251
which the offender is suited, the department shall notify the	3252
court of the proposed placement of the offender as specified in	3253
section 5120.031 or 5120.032 of the Revised Code and shall include	3254
with the notice a brief description of the placement. The court	3255
shall have ten days from receipt of the notice to disapprove the	3256
placement.	3257

(L) If a person is convicted of or pleads guilty to	3258
aggravated vehicular homicide in violation of division (A)(1) of	3259
section 2903.06 of the Revised Code and division (B)(2)(c) of that	3260
section applies, the person shall be sentenced pursuant to section	3261
2929.142 of the Revised Code.	3262

Sec. 2929.141. (A) As used in this section, "person on	3263
release" means a "releasee" or "parolee," both as defined in	3264
section 2967.01 of the Revised Code.	3265

(B) A person on release who by committing a felony violates	3266
any condition of parole, any post-release control sanction, or	3267
any conditions described in division (A) of section 2967.131 of	3268
the Revised Code that are imposed upon the person may be	3269
prosecuted for the new felony. Upon the person's conviction of or	3270
plea of guilty to the newa felony by a person on post-release	3271
control at the time of the commission of the felony, the court	3272
shall impose sentence for the new felony, the court may terminate	3273
the term of post-release control if the person is a releasee, and	3274
the court may do either or both of the following for a person who	3275
is either a releasee or parolee regardless of whether the	3276
sentencing court or another court of this state imposed the	3277
original prison term for which the person is on parole or is	3278
serving a term of post-release control:	3279

(1) In addition to any prison term for the new felony, impose	3280
a prison term for the post-release control violation. If the	3281
person is a releasee, theThe maximum prison term for the	3282
violation shall be the greater of twelve months or the period of	3283
post-release control for the earlier felony minus any time the	3284
releaseeperson has spent under post-release control for the	3285
earlier felony. In all cases, any prison term imposed for the	3286
violation shall be reduced by any prison term that is	3287
administratively imposed by the parole board or adult parole	3288
authority as a post-release control sanction. In all cases, aA	3289
prison term imposed for the violation shall be served	3290
consecutively to any prison term imposed for the new felony. If	3291
the person is a releasee, The imposition of a prison term imposed	3292
for the post-release control violation, and a prison term imposed	3293
for the new felony, shall not count as, or be credited toward,	3294
terminate the remaining period of post-release control imposed	3295
for the earlier felony.	3296

(2) Impose a sanction under sections 2929.15 to 2929.18 of	3297
the Revised Code for the violation that shall be served	3298
concurrently or consecutively, as specified by the court, with any	3299
community control sanctions for the new felony.	3300

Sec. 2929.15.  (A)(1) If in sentencing an offender for a	3301
felony the court is not required to impose a prison term, a	3302
mandatory prison term, or a term of life imprisonment upon the	3303
offender, the court may directly impose a sentence that consists	3304
of one or more community control sanctions authorized pursuant to	3305
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	3306
court is sentencing an offender for a fourth degree felony OVI	3307
offense under division (G)(1) of section 2929.13 of the Revised	3308
Code, in addition to the mandatory term of local incarceration	3309
imposed under that division and the mandatory fine required by	3310
division (B)(3) of section 2929.18 of the Revised Code, the court	3311
may impose upon the offender a community control sanction or	3312
combination of community control sanctions in accordance with	3313
sections 2929.16 and 2929.17 of the Revised Code. If the court is	3314
sentencing an offender for a third or fourth degree felony OVI	3315
offense under division (G)(2) of section 2929.13 of the Revised	3316
Code, in addition to the mandatory prison term or mandatory prison	3317
term and additional prison term imposed under that division, the	3318
court also may impose upon the offender a community control	3319
sanction or combination of community control sanctions under	3320
section 2929.16 or 2929.17 of the Revised Code, but the offender	3321
shall serve all of the prison terms so imposed prior to serving	3322
the community control sanction.	3323

The duration of all community control sanctions imposed upon	3324
an offender under this division shall not exceed five years. If	3325
the offender absconds or otherwise leaves the jurisdiction of the	3326
court in which the offender resides without obtaining permission	3327
from the court or the offender's probation officer to leave the	3328
jurisdiction of the court, or if the offender is confined in any	3329
institution for the commission of any offense while under a	3330
community control sanction, the period of the community control	3331
sanction ceases to run until the offender is brought before the	3332
court for its further action. If the court sentences the offender	3333
to one or more nonresidential sanctions under section 2929.17 of	3334
the Revised Code, the court shall impose as a condition of the	3335
nonresidential sanctions that, during the period of the sanctions,	3336
the offender must abide by the law and must not leave the state	3337
without the permission of the court or the offender's probation	3338
officer. The court may impose any other conditions of release	3339
under a community control sanction that the court considers	3340
appropriate, including, but not limited to, requiring that the	3341
offender not ingest or be injected with a drug of abuse and submit	3342
to random drug testing as provided in division (D) of this section	3343
to determine whether the offender ingested or was injected with a	3344
drug of abuse and requiring that the results of the drug test	3345
indicate that the offender did not ingest or was not injected with	3346
a drug of abuse.	3347

(2)(a) If a court sentences an offender to any community	3348
control sanction or combination of community control sanctions	3349
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	3350
Revised Code, the court shall place the offender under the general	3351
control and supervision of a department of probation in the county	3352
that serves the court for purposes of reporting to the court a	3353
violation of any condition of the sanctions, any condition of	3354
release under a community control sanction imposed by the court, a	3355
violation of law, or the departure of the offender from this state	3356
without the permission of the court or the offender's probation	3357
officer. Alternatively, if the offender resides in another county	3358
and a county department of probation has been established in that	3359
county or that county is served by a multicounty probation	3360
department established under section 2301.27 of the Revised Code,	3361
the court may request the court of common pleas of that county to	3362
receive the offender into the general control and supervision of	3363
that county or multicounty department of probation for purposes of	3364
reporting to the court a violation of any condition of the	3365
sanctions, any condition of release under a community control	3366
sanction imposed by the court, a violation of law, or the	3367
departure of the offender from this state without the permission	3368
of the court or the offender's probation officer, subject to the	3369
jurisdiction of the trial judge over and with respect to the	3370
person of the offender, and to the rules governing that department	3371
of probation.	3372

If there is no department of probation in the county that	3373
serves the court, the court shall place the offender, regardless	3374
of the offender's county of residence, under the general control	3375
and supervision of the adult parole authority for purposes of	3376
reporting to the court a violation of any of the sanctions, any	3377
condition of release under a community control sanction imposed by	3378
the court, a violation of law, or the departure of the offender	3379
from this state without the permission of the court or the	3380
offender's probation officer.	3381

(b) If the court imposing sentence upon an offender sentences	3382
the offender to any community control sanction or combination of	3383
community control sanctions authorized pursuant to section	3384
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	3385
offender violates any condition of the sanctions, any condition of	3386
release under a community control sanction imposed by the court,	3387
violates any law, or departs the state without the permission of	3388
the court or the offender's probation officer, the public or	3389
private person or entity that operates or administers the sanction	3390
or the program or activity that comprises the sanction shall	3391
report the violation or departure directly to the sentencing	3392
court, or shall report the violation or departure to the county or	3393
multicounty department of probation with general control and	3394
supervision over the offender under division (A)(2)(a) of this	3395
section or the officer of that department who supervises the	3396
offender, or, if there is no such department with general control	3397
and supervision over the offender under that division, to the	3398
adult parole authority. If the public or private person or entity	3399
that operates or administers the sanction or the program or	3400
activity that comprises the sanction reports the violation or	3401
departure to the county or multicounty department of probation or	3402
the adult parole authority, the department's or authority's	3403
officers may treat the offender as if the offender were on	3404
probation and in violation of the probation, and shall report the	3405
violation of the condition of the sanction, any condition of	3406
release under a community control sanction imposed by the court,	3407
the violation of law, or the departure from the state without the	3408
required permission to the sentencing court.	3409

(3) If an offender who is eligible for community control	3410
sanctions under this section admits to being drug addicted or the	3411
court has reason to believe that the offender is drug addicted,	3412
and if the offense for which the offender is being sentenced was	3413
related to the addiction, the court may require that the offender	3414
be assessed by a properly credentialed professional within a	3415
specified period of time and shall require the professional to	3416
file a written assessment of the offender with the court. If a	3417
court imposes treatment and recovery support services as a	3418
community control sanction, the court shall direct the level and	3419
type of treatment and recovery support services after	3420
consideration of the written assessment, if available at the time	3421
of sentencing, and recommendations of the professional and other	3422
treatment and recovery support services providers.	3423

(4) If an assessment completed pursuant to division (A)(3) of	3424
this section indicates that the offender is addicted to drugs or	3425
alcohol, the court may include in any community control sanction	3426
imposed for a violation of section 2925.02, 2925.03, 2925.04,	3427
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	3428
2925.37 of the Revised Code a requirement that the offender	3429
participate in a treatment and recovery support services program	3430
certified under section 3793.06 of the Revised Code or offered by	3431
another properly credentialed program provider.	3432

(B) If the conditions of a community control sanction are	3433
violated or if the offender violates a law or leaves the state	3434
without the permission of the court or the offender's probation	3435
officer, the sentencing court may impose a longer time under the	3436
same sanction if the total time under the sanctions does not	3437
exceed the five-year limit specified in division (A) of this	3438
section, may impose a more restrictive sanction under section	3439
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a	3440
prison term on the offender pursuant to section 2929.14 of the	3441
Revised Code. The prison term, if any, imposed upon a violator	3442
pursuant to this division shall be within the range of prison	3443
terms available for the offense for which the sanction that was	3444
violated was imposed and shall not exceed the prison term	3445
specified in the notice provided to the offender at the sentencing	3446
hearing pursuant to division (B)(3) of section 2929.19 of the	3447
Revised Code. The court may reduce the longer period of time that	3448
the offender is required to spend under the longer sanction, the	3449
more restrictive sanction, or a prison term imposed pursuant to	3450
this division by the time the offender successfully spent under	3451
the sanction that was initially imposed.	3452

(C) If an offender, for a significant period of time,	3453
fulfills the conditions of a sanction imposed pursuant to section	3454
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	3455
manner, the court may reduce the period of time under the sanction	3456
or impose a less restrictive sanction, but the court shall not	3457
permit the offender to violate any law or permit the offender to	3458
leave the state without the permission of the court or the	3459
offender's probation officer.	3460

(D)(1) If a court under division (A)(1) of this section	3461
imposes a condition of release under a community control sanction	3462
that requires the offender to submit to random drug testing, the	3463
department of probation or the adult parole authority that has	3464
general control and supervision of the offender under division	3465
(A)(2)(a) of this section may cause the offender to submit to	3466
random drug testing performed by a laboratory or entity that has	3467
entered into a contract with any of the governmental entities or	3468
officers authorized to enter into a contract with that laboratory	3469
or entity under section 341.26, 753.33, or 5120.63 of the Revised	3470
Code.	3471

(2) If no laboratory or entity described in division (D)(1)	3472
of this section has entered into a contract as specified in that	3473
division, the department of probation or the adult parole	3474
authority that has general control and supervision of the offender	3475
under division (A)(2)(a) of this section shall cause the offender	3476
to submit to random drug testing performed by a reputable public	3477
laboratory to determine whether the individual who is the subject	3478
of the drug test ingested or was injected with a drug of abuse.	3479

(3) A laboratory or entity that has entered into a contract	3480
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	3481
shall perform the random drug tests under division (D)(1) of this	3482
section in accordance with the applicable standards that are	3483
included in the terms of that contract. A public laboratory shall	3484
perform the random drug tests under division (D)(2) of this	3485
section in accordance with the standards set forth in the policies	3486
and procedures established by the department of rehabilitation and	3487
correction pursuant to section 5120.63 of the Revised Code. An	3488
offender who is required under division (A)(1) of this section to	3489
submit to random drug testing as a condition of release under a	3490
community control sanction and whose test results indicate that	3491
the offender ingested or was injected with a drug of abuse shall	3492
pay the fee for the drug test if the department of probation or	3493
the adult parole authority that has general control and	3494
supervision of the offender requires payment of a fee. A	3495
laboratory or entity that performs the random drug testing on an	3496
offender under division (D)(1) or (2) of this section shall	3497
transmit the results of the drug test to the appropriate	3498
department of probation or the adult parole authority that has	3499
general control and supervision of the offender under division	3500
(A)(2)(a) of this section.	3501

Sec. 2929.17.  Except as provided in this section, the court	3502
imposing a sentence for a felony upon an offender who is not	3503
required to serve a mandatory prison term may impose any	3504
nonresidential sanction or combination of nonresidential sanctions	3505
authorized under this section. If the court imposes one or more	3506
nonresidential sanctions authorized under this section, the court	3507
shall impose as a condition of the sanction that, during the	3508
period of the nonresidential sanction, the offender shall abide by	3509
the law and shall not leave the state without the permission of	3510
the court or the offender's probation officer.	3511

The court imposing a sentence for a fourth degree felony OVI	3512
offense under division (G)(1) or (2) of section 2929.13 of the	3513
Revised Code or for a third degree felony OVI offense under	3514
division (G)(2) of that section may impose upon the offender, in	3515
addition to the mandatory term of local incarceration or mandatory	3516
prison term imposed under the applicable division, a	3517
nonresidential sanction or combination of nonresidential sanctions	3518
under this section, and the offender shall serve or satisfy the	3519
sanction or combination of sanctions after the offender has served	3520
the mandatory term of local incarceration or mandatory prison term	3521
required for the offense. The court shall not impose a term in a	3522
drug treatment program as described in division (D) of this	3523
section until after considering an assessment by a properly	3524
credentialed treatment professional, if available. Nonresidential	3525
sanctions include, but are not limited to, the following:	3526

(A) A term of day reporting;

3527

(B) A term of house arrest with electronic monitoring or	3528
continuous alcohol monitoring or both electronic monitoring and	3529
continuous alcohol monitoring, a term of electronic monitoring or	3530
continuous alcohol monitoring without house arrest, or a term of	3531
house arrest without electronic monitoring or continuous alcohol	3532
monitoring;	3533

(C) A term of community service of up to five hundred hours	3534
pursuant to division (B) of section 2951.02 of the Revised Code	3535
or, if the court determines that the offender is financially	3536
incapable of fulfilling a financial sanction described in section	3537
2929.18 of the Revised Code, a term of community service as an	3538
alternative to a financial sanction;	3539

(D) A term in a drug treatment program with a level of	3540
security for the offender as determined necessary by the court;	3541

(E) A term of intensive probation supervision;

3542

(F) A term of basic probation supervision;

3543

(G) A term of monitored time;

3544

(H) A term of drug and alcohol use monitoring, including	3545
random drug testing;	3546

(I) A curfew term;

3547

(J) A requirement that the offender obtain employment;

3548

(K) A requirement that the offender obtain education or	3549
training;	3550

(L) Provided the court obtains the prior approval of the	3551
victim, a requirement that the offender participate in	3552
victim-offender mediation;	3553

(M) A license violation report;

3554

(N) If the offense is a violation of section 2919.25 or a	3555
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	3556
Code involving a person who was a family or household member at	3557
the time of the violation, if the offender committed the offense	3558
in the vicinity of one or more children who are not victims of the	3559
offense, and if the offender or the victim of the offense is a	3560
parent, guardian, custodian, or person in loco parentis of one or	3561
more of those children, a requirement that the offender obtain	3562
counseling. This division does not limit the court in requiring	3563
the offender to obtain counseling for any offense or in any	3564
circumstance not specified in this division.	3565

Sec. 2929.19.  (A) The court shall hold a sentencing hearing	3566
before imposing a sentence under this chapter upon an offender who	3567
was convicted of or pleaded guilty to a felony and before	3568
resentencing an offender who was convicted of or pleaded guilty to	3569
a felony and whose case was remanded pursuant to section 2953.07	3570
or 2953.08 of the Revised Code. At the hearing, the offender, the	3571
prosecuting attorney, the victim or the victim's representative in	3572
accordance with section 2930.14 of the Revised Code, and, with the	3573
approval of the court, any other person may present information	3574
relevant to the imposition of sentence in the case. The court	3575
shall inform the offender of the verdict of the jury or finding of	3576
the court and ask the offender whether the offender has anything	3577
to say as to why sentence should not be imposed upon the offender.	3578

(B)(1) At the sentencing hearing, the court, before imposing	3579
sentence, shall consider the record, any information presented at	3580
the hearing by any person pursuant to division (A) of this	3581
section, and, if one was prepared, the presentence investigation	3582
report made pursuant to section 2951.03 of the Revised Code or	3583
Criminal Rule 32.2, and any victim impact statement made pursuant	3584
to section 2947.051 of the Revised Code.	3585

(2) The court shall impose a sentence and shall make a	3586
finding that gives its reasons for selecting the sentence imposed	3587
in any of the following circumstances:	3588

(a) Unless the offense is a violent sex offense or designated	3589
homicide, assault, or kidnapping offense for which the court is	3590
required to impose sentence pursuant to division (G) of section	3591
2929.14 of the Revised Code, if it imposes a prison term for a	3592
felony of the fourth or fifth degree or for a felony drug offense	3593
that is a violation of a provision of Chapter 2925. of the Revised	3594
Code and that is specified as being subject to division (B) of	3595
section 2929.13 of the Revised Code for purposes of sentencing,	3596
its reasons for imposing the prison term, based upon the	3597
overriding purposes and principles of felony sentencing set forth	3598
in section 2929.11 of the Revised Code, and any factors listed in	3599
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	3600
that it found to apply relative to the offender.	3601

(b) If it does not impose a prison term for a felony of the	3602
first or second degree or for a felony drug offense that is a	3603
violation of a provision of Chapter 2925. of the Revised Code and	3604
for which a presumption in favor of a prison term is specified as	3605
being applicable, its reasons for not imposing the prison term and	3606
for overriding the presumption, based upon the overriding purposes	3607
and principles of felony sentencing set forth in section 2929.11	3608
of the Revised Code, and the basis of the findings it made under	3609
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	3610

(c) If it imposes consecutive sentences under section 2929.14	3611
of the Revised Code, its reasons for imposing the consecutive	3612
sentences;	3613

(d) If the sentence is for one offense and it imposes a	3614
prison term for the offense that is the maximum prison term	3615
allowed for that offense by division (A) of section 2929.14 of the	3616
Revised Code or section 2929.142 of the Revised Code, its reasons	3617
for imposing the maximum prison term;	3618

(e) If the sentence is for two or more offenses arising out	3619
of a single incident and it imposes a prison term for those	3620
offenses that is the maximum prison term allowed for the offense	3621
of the highest degree by division (A) of section 2929.14 of the	3622
Revised Code or section 2929.142 of the Revised Code, its reasons	3623
for imposing the maximum prison term.	3624

(3) Subject to division (B)(4) of this section, if the	3625
sentencing court determines at the sentencing hearing that a	3626
prison term is necessary or required, the court shall do all of	3627
the following:	3628

(a) Impose a stated prison term and, if the court imposes a	3629
mandatory prison term, notify the offender that the prison term is	3630
a mandatory prison term;	3631

(b) Notify the offender that, as part of the sentence, the	3632
parole board may extend the stated prison term for certain	3633
violations of prison rules for up to one-half of the stated prison	3634
termIn addition to any other information, include in the	3635
sentencing entry the name and section reference to the offense or	3636
offenses, the sentence or sentences imposed and whether the	3637
sentence or sentences contain mandatory prison terms, if sentences	3638
are imposed for multiple counts whether the sentences are to be	3639
served concurrently or consecutively, and the name and section	3640
reference of any specification or specifications for which	3641
sentence is imposed and the sentence or sentences imposed for the	3642
specification or specifications;	3643

(c) Notify the offender that the offender will be supervised	3644
under section 2967.28 of the Revised Code after the offender	3645
leaves prison if the offender is being sentenced for a felony of	3646
the first degree or second degree, for a felony sex offense, or	3647
for a felony of the third degree that is not a felony sex offense	3648
and in the commission of which the offender caused or threatened	3649
to cause physical harm to a person. If a court imposes a sentence	3650
including a prison term of a type described in division (B)(3)(c)	3651
of this section on or after July 11, 2006, the failure of a court	3652
to notify the offender pursuant to division (B)(3)(c) of this	3653
section that the offender will be supervised under section 2967.28	3654
of the Revised Code after the offender leaves prison or to include	3655
in the judgment of conviction entered on the journal a statement	3656
to that effect does not negate, limit, or otherwise affect the	3657
mandatory period of supervision that is required for the offender	3658
under division (B) of section 2967.28 of the Revised Code. Section	3659
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	3660
court imposed a sentence including a prison term of a type	3661
described in division (B)(3)(c) of this section and failed to	3662
notify the offender pursuant to division (B)(3)(c) of this section	3663
regarding post-release control or to include in the judgment of	3664
conviction entered on the journal or in the sentence a statement	3665
regarding post-release control.	3666

(d) Notify the offender that the offender may be supervised	3667
under section 2967.28 of the Revised Code after the offender	3668
leaves prison if the offender is being sentenced for a felony of	3669
the third, fourth, or fifth degree that is not subject to division	3670
(B)(3)(c) of this section. Section 2929.191 of the Revised Code	3671
applies if, prior to July 11, 2006, a court imposed a sentence	3672
including a prison term of a type described in division (B)(3)(d)	3673
of this section and failed to notify the offender pursuant to	3674
division (B)(3)(d) of this section regarding post-release control	3675
or to include in the judgment of conviction entered on the journal	3676
or in the sentence a statement regarding post-release control.	3677

(e) Notify the offender that, if a period of supervision is	3678
imposed following the offender's release from prison, as described	3679
in division (B)(3)(c) or (d) of this section, and if the offender	3680
violates that supervision or a condition of post-release control	3681
imposed under division (B) of section 2967.131 of the Revised	3682
Code, the parole board may impose a prison term, as part of the	3683
sentence, of up to one-half of the stated prison term originally	3684
imposed upon the offender. If a court imposes a sentence including	3685
a prison term on or after July 11, 2006, the failure of a court to	3686
notify the offender pursuant to division (B)(3)(e) of this section	3687
that the parole board may impose a prison term as described in	3688
division (B)(3)(e) of this section for a violation of that	3689
supervision or a condition of post-release control imposed under	3690
division (B) of section 2967.131 of the Revised Code or to include	3691
in the judgment of conviction entered on the journal a statement	3692
to that effect does not negate, limit, or otherwise affect the	3693
authority of the parole board to so impose a prison term for a	3694
violation of that nature if, pursuant to division (D)(1) of	3695
section 2967.28 of the Revised Code, the parole board notifies the	3696
offender prior to the offender's release of the board's authority	3697
to so impose a prison term. Section 2929.191 of the Revised Code	3698
applies if, prior to July 11, 2006, a court imposed a sentence	3699
including a prison term and failed to notify the offender pursuant	3700
to division (B)(3)(e) of this section regarding the possibility of	3701
the parole board imposing a prison term for a violation of	3702
supervision or a condition of post-release control.	3703

(f) Require that the offender not ingest or be injected with	3704
a drug of abuse and submit to random drug testing as provided in	3705
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	3706
is applicable to the offender who is serving a prison term, and	3707
require that the results of the drug test administered under any	3708
of those sections indicate that the offender did not ingest or was	3709
not injected with a drug of abuse.	3710

(4)(a) The court shall include in the offender's sentence a	3711
statement that the offender is a tier III sex	3712
offender/child-victim offender, and the court shall comply with	3713
the requirements of section 2950.03 of the Revised Code if any of	3714
the following apply:	3715

(i) The offender is being sentenced for a violent sex	3716
offense or designated homicide, assault, or kidnapping offense	3717
that the offender committed on or after January 1, 1997, and the	3718
offender is adjudicated a sexually violent predator in relation to	3719
that offense.	3720

(ii) The offender is being sentenced for a sexually oriented	3721
offense that the offender committed on or after January 1, 1997,	3722
and the offender is a tier III sex offender/child-victim	3723
offender relative to that offense.	3724

(iii) The offender is being sentenced on or after July 31,	3725
2003, for a child-victim oriented offense, and the offender is a	3726
tier III sex offender/child-victim offender relative to that	3727
offense.	3728

(iv) The offender is being sentenced under section 2971.03 of	3729
the Revised Code for a violation of division (A)(1)(b) of section	3730
2907.02 of the Revised Code committed on or after January 2, 2007.	3731

(v) The offender is sentenced to a term of life without	3732
parole under division (B) of section 2907.02 of the Revised Code.	3733

(vi) The offender is being sentenced for attempted rape	3734
committed on or after January 2, 2007, and a specification of the	3735
type described in section 2941.1418, 2941.1419, or 2941.1420 of	3736
the Revised Code.	3737

(vii) The offender is being sentenced under division	3738
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	3739
for an offense described in those divisions committed on or after	3740
the effective date of this amendmentJanuary 1, 2008.	3741

(b) Additionally, if any criterion set forth in divisions	3742
(B)(4)(a)(i) to (vii) of this section is satisfied, in the	3743
circumstances described in division (G) of section 2929.14 of the	3744
Revised Code, the court shall impose sentence on the offender as	3745
described in that division.	3746

(5) If the sentencing court determines at the sentencing	3747
hearing that a community control sanction should be imposed and	3748
the court is not prohibited from imposing a community control	3749
sanction, the court shall impose a community control sanction. The	3750
court shall notify the offender that, if the conditions of the	3751
sanction are violated, if the offender commits a violation of any	3752
law, or if the offender leaves this state without the permission	3753
of the court or the offender's probation officer, the court may	3754
impose a longer time under the same sanction, may impose a more	3755
restrictive sanction, or may impose a prison term on the offender	3756
and shall indicate the specific prison term that may be imposed as	3757
a sanction for the violation, as selected by the court from the	3758
range of prison terms for the offense pursuant to section 2929.14	3759
of the Revised Code.	3760

(6) Before imposing a financial sanction under section	3761
2929.18 of the Revised Code or a fine under section 2929.32 of the	3762
Revised Code, the court shall consider the offender's present and	3763
future ability to pay the amount of the sanction or fine.	3764

(7) If the sentencing court sentences the offender to a	3765
sanction of confinement pursuant to section 2929.14 or 2929.16 of	3766
the Revised Code that is to be served in a local detention	3767
facility, as defined in section 2929.36 of the Revised Code, and	3768
if the local detention facility is covered by a policy adopted	3769
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	3770
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	3771
and section 2929.37 of the Revised Code, both of the following	3772
apply:	3773

(a) The court shall specify both of the following as part of	3774
the sentence:	3775

(i) If the offender is presented with an itemized bill	3776
pursuant to section 2929.37 of the Revised Code for payment of the	3777
costs of confinement, the offender is required to pay the bill in	3778
accordance with that section.	3779

(ii) If the offender does not dispute the bill described in	3780
division (B)(7)(a)(i) of this section and does not pay the bill by	3781
the times specified in section 2929.37 of the Revised Code, the	3782
clerk of the court may issue a certificate of judgment against the	3783
offender as described in that section.	3784

(b) The sentence automatically includes any certificate of	3785
judgment issued as described in division (B)(7)(a)(ii) of this	3786
section.	3787

(8) The failure of the court to notify the offender that a	3788
prison term is a mandatory prison term pursuant to division	3789
(B)(3)(a) of this section or to include in the sentencing entry	3790
any information required by division (B)(3)(b) of this section	3791
does not affect the validity of the imposed sentence or sentences.	3792
If the sentencing court notifies the offender at the sentencing	3793
hearing that a prison term is mandatory but the sentencing entry	3794
does not specify that the prison term is mandatory, the court may	3795
complete a corrected journal entry and send copies of the	3796
corrected entry to the offender and the department of	3797
rehabilitation and correction, or, at the request of the state,	3798
the court shall complete a corrected journal entry and send copies	3799
of the corrected entry to the offender and department of	3800
rehabilitation and correction.	3801

(C)(1) If the offender is being sentenced for a fourth degree	3802
felony OVI offense under division (G)(1) of section 2929.13 of the	3803
Revised Code, the court shall impose the mandatory term of local	3804
incarceration in accordance with that division, shall impose a	3805
mandatory fine in accordance with division (B)(3) of section	3806
2929.18 of the Revised Code, and, in addition, may impose	3807
additional sanctions as specified in sections 2929.15, 2929.16,	3808
2929.17, and 2929.18 of the Revised Code. The court shall not	3809
impose a prison term on the offender except that the court may	3810
impose a prison term upon the offender as provided in division	3811
(A)(1) of section 2929.13 of the Revised Code.	3812

(2) If the offender is being sentenced for a third or fourth	3813
degree felony OVI offense under division (G)(2) of section 2929.13	3814
of the Revised Code, the court shall impose the mandatory prison	3815
term in accordance with that division, shall impose a mandatory	3816
fine in accordance with division (B)(3) of section 2929.18 of the	3817
Revised Code, and, in addition, may impose an additional prison	3818
term as specified in section 2929.14 of the Revised Code. In	3819
addition to the mandatory prison term or mandatory prison term and	3820
additional prison term the court imposes, the court also may	3821
impose a community control sanction on the offender, but the	3822
offender shall serve all of the prison terms so imposed prior to	3823
serving the community control sanction.	3824

(D) The sentencing court, pursuant to division (K) of section	3825
2929.14 of the Revised Code, may recommend placement of the	3826
offender in a program of shock incarceration under section	3827
5120.031 of the Revised Code or an intensive program prison under	3828
section 5120.032 of the Revised Code, disapprove placement of the	3829
offender in a program or prison of that nature, or make no	3830
recommendation. If the court recommends or disapproves placement,	3831
it shall make a finding that gives its reasons for its	3832
recommendation or disapproval.	3833

Sec. 2929.20.  (A) As used in this section, "eligible	3834
offender" means any person serving a stated prison term of ten	3835
years or less when either of the following applies:	3836

(1) The stated prison term does not include a mandatory	3837
prison term.	3838

(2) The stated prison term includes a mandatory prison term,	3839
and the person has served the mandatory prison term.	3840

(B) Upon the filing of a motion by the eligibleOn the motion	3841
of an eligible offender or upon its own motion, athe sentencing	3842
court may reduce the eligible offender's stated prison term	3843
through a judicial release in accordance withunder this section.	3844
The court shall not reduce the stated prison term of an offender	3845
who is not an eligible offender. An	3846

(C) An eligible offender may file a motion for judicial	3847
release with the sentencing court within the following	3848
applicable period of timeperiods:	3849

(1)(a) Except as otherwise provided in division (B)(1)(b) or	3850
(c) of this section, ifIf the stated prison term was imposed for	3851
a felony of the fourth or fifth degreeis less than two years, the	3852
eligible offender may file the motion not earlier than thirty days	3853
or later than ninety days after the offender is delivered to a	3854
state correctional institution or, if the prison term includes a	3855
mandatory prison term or terms, not earlier than thirty days after	3856
the expiration of all mandatory prison terms.	3857

(b) If the stated prison term is five years and is an	3858
aggregate of stated prison terms that are being served	3859
consecutively and that were imposed for any combination of	3860
felonies of the fourth degree and felonies of the fifth degree,	3861
the eligible offender may file the motion after the eligible	3862
offender has served four years of the stated prison term.	3863

(c) If the stated prison term is more than five years and not	3864
more than ten years and is an aggregate of stated prison terms	3865
that are being served consecutively and that were imposed for any	3866
combination of felonies of the fourth degree and felonies of the	3867
fifth degree, the eligible offender may file the motion after the	3868
eligible offender has served five years of the stated prison term.	3869

(2) Except as otherwise provided in division (B)(3) or (4) of	3870
this section, ifIf the stated prison term was imposed for a	3871
felony of the first, second, or third degreeis at least two	3872
years but less than five years, the eligible offender may file	3873
the motion not earlier than one hundred eighty days after the	3874
offender is delivered to a state correctional institution or, if	3875
the prison term includes a mandatory prison term or terms, not	3876
earlier than one hundred eighty days after the expiration of all	3877
mandatory prison terms.	3878

(3) If the stated prison term is five years, the eligible	3879
offender may file the motion after the eligible offender has	3880
served four years of the stated prison term.	3881

(4) If the stated prison term is more than five years andor	3882
more but not more than ten years, the eligible offender may file	3883
the motion not earlier than five years after the eligible offender	3884
has served five years of the stated prison termis delivered to a	3885
state correctional institution or, if the prison term includes a	3886
mandatory prison term or terms, not earlier than five years after	3887
the expiration of all mandatory prison terms.	3888

(5) If the offender's stated prison term includes a mandatory	3889
prison term, the offender shall file the motion within the time	3890
authorized under division (B)(1), (2), (3), or (4) of this section	3891
for the nonmandatory portion of the prison term, but the time for	3892
filing the motion does not begin to run until after the expiration	3893
of the mandatory portion of the prison term.	3894

(C)(D) Upon receipt of a timely motion for judicial release	3895
filed by an eligible offender under division (B)(C) of this	3896
section or upon the sentencing court's own motion made within the	3897
appropriate time period specified in that division, the court may	3898
deny the motion without a hearing or schedule a hearing on the	3899
motion. The court may deny the motion without a hearing but shall	3900
not grant the motion without a hearing. If a court denies a motion	3901
without a hearing, the court later may consider a subsequent	3902
judicial release for that eligible offender on its own motion or a	3903
subsequent motion filed by that eligible offender unless the court	3904
denies the motion with prejudice. If a court denies a motion with	3905
prejudice, the court may later consider judicial release on its	3906
own motion. If a court denies a motion after a hearing, the court	3907
shall not consider a subsequent motion for that eligible offender.	3908
The court shall hold only one hearing for any eligible offender.	3909

A hearing under this section shall be conducted in open court	3910
within sixty days after the date on which the motion is filed,	3911
provided that the court may delay the hearing for a period not to	3912
exceed one hundred eighty additional days. If the court holds a	3913
hearing on the motion, the court shall enter a ruling on the	3914
motion within ten days after the hearing. If the court denies the	3915
motion without a hearing, the court shall enter its ruling on the	3916
motion within sixty days after the motion is filed.	3917

(D)(E) If a court schedules a hearing under division (C)(D)	3918
of this section, the court shall notify the eligible offender of	3919
the hearing and shall notify the head of the state correctional	3920
institution in which the eligible offender is confined of the	3921
hearing prior to the hearing. The head of the state correctional	3922
institution immediately shall notify the appropriate person at the	3923
department of rehabilitation and correction of the hearing, and	3924
the department within twenty-four hours after receipt of the	3925
notice, shall post on the database it maintains pursuant to	3926
section 5120.66 of the Revised Code the offender's name and all of	3927
the information specified in division (A)(1)(c)(i) of that	3928
section. If the court schedules a hearing for judicial release,	3929
the court promptly shall give notice of the hearing to the	3930
prosecuting attorney of the county in which the eligible offender	3931
was indicted. Upon receipt of the notice from the court, the	3932
prosecuting attorney shall notify the victim of the offense for	3933
which the stated prison term was imposed or the victim's	3934
representative, pursuant to section 2930.16 of the Revised Code,	3935
of the hearing.	3936

(E)(F) Upon an offender's successful completion of	3937
rehabilitative activities, the head of the state correctional	3938
institution may notify the sentencing court of the successful	3939
completion of the activities.	3940

(G) Prior to the date of the hearing on a motion for judicial	3941
release under this section, the head of the state correctional	3942
institution in which the eligible offender in question is confined	3943
shall send to the court a report on the eligible offender's	3944
conduct in the institution and in any institution from which the	3945
eligible offender may have been transferred. The report shall	3946
cover the eligible offender's participation in school, vocational	3947
training, work, treatment, and other rehabilitative activities and	3948
any disciplinary action taken against the eligible offender. The	3949
report shall be made part of the record of the hearing.	3950

(F)(H) If the court grants a hearing on a motion for judicial	3951
release under this section, the eligible offender shall attend the	3952
hearing if ordered to do so by the court. Upon receipt of a copy	3953
of the journal entry containing the order, the head of the state	3954
correctional institution in which the eligible offender is	3955
incarcerated shall deliver the eligible offender to the sheriff of	3956
the county in which the hearing is to be held. The sheriff shall	3957
convey the eligible offender to the hearing and return the	3958
offender to the institution afterfrom the hearing.	3959

(G)(I) At the hearing on a motion for judicial release under	3960
this section, the court shall afford the eligible offender and the	3961
eligible offender's attorney an opportunity to present written	3962
and, if present, oral information relevant to the motion and shall	3963
afford the eligible offender, if present, and the eligible	3964
offender's attorney an opportunity to present oral information	3965
relevant to the motion. The court shall afford a similar	3966
opportunity to the prosecuting attorney, the victim or the	3967
victim's representative, as defined in section 2930.01 of the	3968
Revised Code, and any other person the court determines is likely	3969
to present additional relevant information. The court shall	3970
consider any statement of a victim made pursuant to section	3971
2930.14 or 2930.17 of the Revised Code, any victim impact	3972
statement prepared pursuant to section 2947.051 of the Revised	3973
Code, and any report made under division (E)(G) of this section.	3974
The court may consider any written statement of any person	3975
submitted to the court pursuant to division (J)(L) of this	3976
section. After ruling on the motion, the court shall notify the	3977
victim of the ruling in accordance with sections 2930.03 and	3978
2930.16 of the Revised Code.	3979

(H)(J)(1) A court shall not grant a judicial release under	3980
this section to an eligible offender who is imprisoned for a	3981
felony of the first or second degree, or to an eligible offender	3982
who committed an offense contained inunder Chapter 2925. or 3719.	3983
of the Revised Code and for whom there was a presumption under	3984
section 2929.13 of the Revised Code in favor of a prison term,	3985
unless the court, with reference to factors under section 2929.12	3986
of the Revised Code, finds both of the following:	3987

(a) That a sanction other than a prison term would adequately	3988
punish the offender and protect the public from future criminal	3989
violations by the eligible offender because the applicable factors	3990
indicating a lesser likelihood of recidivism outweigh the	3991
applicable factors indicating a greater likelihood of recidivism;	3992

(b) That a sanction other than a prison term would not demean	3993
the seriousness of the offense because factors indicating that the	3994
eligible offender's conduct in committing the offense was less	3995
serious than conduct normally constituting the offense outweigh	3996
factors indicating that the eligible offender's conduct was more	3997
serious than conduct normally constituting the offense.	3998

(2) A court that grants a judicial release to an eligible	3999
offender under division (H)(J)(1) of this section shall specify on	4000
the record both findings required in that division and also shall	4001
list all the factors described in that division that were	4002
presented at the hearing.	4003

(I)(K) If the court grants a motion for judicial release	4004
under this section, the court shall order the release of the	4005
eligible offender, shall place the eligible offender under an	4006
appropriate community control sanction, under appropriate	4007
community control conditions, and under the supervision of the	4008
department of probation serving the court, and shall reserve the	4009
right to reimpose the sentence that it reduced pursuant to the	4010
judicial release if the offender violates the sanction. If the	4011
court reimposes the reduced sentence pursuant to this reserved	4012
right, it may do so either concurrently with, or consecutive to,	4013
any new sentence imposed upon the eligible offender as a result of	4014
the violation that is a new offense. The period of the community	4015
control sanction shall be no longer than five years. The court, in	4016
its discretion, may reduce the period of the community control	4017
sanction by the amount of time the eligible offender spent in jail	4018
or prison for the offense and in prison. If the court made any	4019
findings pursuant to division (H)(J)(1) of this section, the court	4020
shall serve a copy of the findings upon counsel for the parties	4021
within fifteen days after the date on which the court grants the	4022
motion for judicial release.	4023

Prior to being released pursuant to a judicial release	4024
granted under this section, the eligible offender shall serve any	4025
extension of sentence that was imposed under section 2967.11 of	4026
the Revised Code.	4027

If the court grants a motion for judicial release, the court	4028
shall notify the appropriate person at the department of	4029
rehabilitation and correction of the judicial release, and the	4030
department shall post notice of the release on the database it	4031
maintains pursuant to section 5120.66 of the Revised Code.	4032

(J)(L) In addition to and independent of the right of a	4033
victim to make a statement pursuant to section 2930.14, 2930.17,	4034
or 2946.051 of the Revised Code and any right of a person to	4035
present written information or make a statement pursuant to	4036
division (G)(I) of this section, any person may submit to the	4037
court, at any time prior to the hearing on the offender's motion	4038
for judicial release, a written statement concerning the effects	4039
of the offender's crime or crimes, the circumstances surrounding	4040
the crime or crimes, the manner in which the crime or crimes were	4041
perpetrated, and the person's opinion as to whether the offender	4042
should be released.	4043

Sec. 2935.36.  (A) The prosecuting attorney may establish	4044
pre-trial diversion programs for adults who are accused of	4045
committing criminal offenses and whom the prosecuting attorney	4046
believes probably will not offend again. The prosecuting attorney	4047
may require, as a condition of an accused's participation in the	4048
program, the accused to pay a reasonable fee for supervision	4049
services that include, but are not limited to, monitoring and drug	4050
testing. The programs shall be operated pursuant to written	4051
standards approved by journal entry by the presiding judge or, in	4052
courts with only one judge, the judge of the court of common pleas	4053
and shall not be applicable to any of the following:	4054

(1) Repeat offenders or dangerous offenders;

4055

(2) Persons accused of an offense of violence, of a violation	4056
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	4057
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	4058
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	4059
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	4060
Code that, had it occurred prior to July 1, 1996, would have been	4061
a violation of section 2905.04 of the Revised Code as it existed	4062
prior to that date, with the exception that the prosecuting	4063
attorney may permit persons accused of any such offense to enter a	4064
pre-trial diversion program, if the prosecuting attorney finds any	4065
of the following:	4066

(a) The accused did not cause, threaten, or intend serious	4067
physical harm to any person;	4068

(b) The offense was the result of circumstances not likely to	4069
recur;	4070

(c) The accused has no history of prior delinquency or	4071
criminal activity;	4072

(d) The accused has led a law-abiding life for a substantial	4073
time before commission of the alleged offense;	4074

(e) Substantial grounds tending to excuse or justify the	4075
alleged offense.	4076

(3) Persons accused of a violation of Chapter 2925. or 3719.	4077
of the Revised Code;	4078

(4) Drug dependent persons or persons in danger of becoming	4079
drug dependent persons, as defined in section 3719.011 of the	4080
Revised Code. However, this division does not affect the	4081
eligibility of such persons for intervention in lieu of conviction	4082
pursuant to section 2951.041 of the Revised Code.	4083

(5) Persons accused of a violation of section 4511.19 of the	4084
Revised Code or a violation of any substantially similar municipal	4085
ordinance.	4086

(B) An accused who enters a diversion program shall do all of	4087
the following:	4088

(1) Waive, in writing and contingent upon the accused's	4089
successful completion of the program, the accused's right to a	4090
speedy trial, the preliminary hearing, the time period within	4091
which the grand jury may consider an indictment against the	4092
accused, and arraignment, unless the hearing, indictment, or	4093
arraignment has already occurred;	4094

(2) Agree, in writing, to the tolling while in the program of	4095
all periods of limitation established by statutes or rules of	4096
court, that are applicable to the offense with which the accused	4097
is charged and to the conditions of the diversion program	4098
established by the prosecuting attorney;	4099

(3) Agree, in writing, to pay any reasonable fee for	4100
supervision services established by the prosecuting attorney.	4101

(C) The trial court, upon the application of the prosecuting	4102
attorney, shall order the release from confinement of any accused	4103
who has agreed to enter a pre-trial diversion program and shall	4104
discharge and release any existing bail and release any sureties	4105
on recognizances and shall release the accused on a recognizance	4106
bond conditioned upon the accused's compliance with the terms of	4107
the diversion program. The prosecuting attorney shall notify every	4108
victim of the crime and the arresting officers of the prosecuting	4109
attorney's intent to permit the accused to enter a pre-trial	4110
diversion program. The victim of the crime and the arresting	4111
officers shall have the opportunity to file written objections	4112
with the prosecuting attorney prior to the commencement of the	4113
pre-trial diversion program.	4114

(D) If the accused satisfactorily completes the diversion	4115
program, the prosecuting attorney shall recommend to the trial	4116
court that the charges against the accused be dismissed, and the	4117
court, upon the recommendation of the prosecuting attorney, shall	4118
dismiss the charges. If the accused chooses not to enter the	4119
prosecuting attorney's diversion program, or if the accused	4120
violates the conditions of the agreement pursuant to which the	4121
accused has been released, the accused may be brought to trial	4122
upon the charges in the manner provided by law, and the waiver	4123
executed pursuant to division (B)(1) of this section shall be void	4124
on the date the accused is removed from the program for the	4125
violation.	4126

(E) As used in this section:

4127

(1) "Repeat offender" means a person who has a history of	4128
persistent criminal activity and whose character and condition	4129
reveal a substantial risk that the person will commit another	4130
offense. It is prima-facie evidence that a person is a repeat	4131
offender if any of the following applies:	4132

(a) Having been convicted of one or more offenses of violence	4133
and having been imprisoned pursuant to sentence for any such	4134
offense, the person commits a subsequent offense of violence;	4135

(b) Having been convicted of one or more sexually oriented	4136
offenses or child-victim oriented offenses, both as defined in	4137
section 2950.01 of the Revised Code, and having been imprisoned	4138
pursuant to sentence for one or more of those offenses, the person	4139
commits a subsequent sexually oriented offense or child-victim	4140
oriented offense;	4141

(c) Having been convicted of one or more theft offenses as	4142
defined in section 2913.01 of the Revised Code and having been	4143
imprisoned pursuant to sentence for one or more of those theft	4144
offenses, the person commits a subsequent theft offense;	4145

(d) Having been convicted of one or more felony drug abuse	4146
offenses as defined in section 2925.01 of the Revised Code and	4147
having been imprisoned pursuant to sentence for one or more of	4148
those felony drug abuse offenses, the person commits a subsequent	4149
felony drug abuse offense;	4150

(e) Having been convicted of two or more felonies and having	4151
been imprisoned pursuant to sentence for one or more felonies, the	4152
person commits a subsequent offense;	4153

(f) Having been convicted of three or more offenses of any	4154
type or degree other than traffic offenses, alcoholic intoxication	4155
offenses, or minor misdemeanors and having been imprisoned	4156
pursuant to sentence for any such offense, the person commits a	4157
subsequent offense.	4158

(2) "Dangerous offender" means a person who has committed an	4159
offense, whose history, character, and condition reveal a	4160
substantial risk that the person will be a danger to others, and	4161
whose conduct has been characterized by a pattern of repetitive,	4162
compulsive, or aggressive behavior with heedless indifference to	4163
the consequences.	4164

Sec. 2943.032.  Prior to accepting a guilty plea or a plea of	4165
no contest to an indictment, information, or complaint that	4166
charges a felony, the court shall inform the defendant personally	4167
that, if the defendant pleads guilty or no contest to the felony	4168
so charged or any other felony and, if the court imposes a prison	4169
term upon the defendant for the felony, all of the following	4170
apply:	4171

(A) The parole board may extend the stated prison term if the	4172
defendant commits any criminal offense under the law of this state	4173
or the United States while serving the prison term.	4174

(B) Any such extension will be done administratively as part	4175
of the defendant's sentence in accordance with section 2967.11 of	4176
the Revised Code and may be for thirty, sixty, or ninety days for	4177
each violation.	4178

(C) All such extensions of the stated prison term for all	4179
violations during the course of the term may not exceed one-half	4180
of the term's duration.	4181

(D) The sentence imposed for the felony automatically	4182
includes any such extension of the stated prison term by the	4183
parole board.	4184

(E) Ifand if the offender violates the conditions of a	4185
post-release control sanction imposed by the parole board upon the	4186
completion of the stated prison term, the parole board may impose	4187
upon the offender a residential sanction that includes a new	4188
prison term of up to nine months.	4189

Sec. 2949.12.  Unless the execution of sentence is suspended	4190
or the convicted felon has less than thirty days to serve in	4191
prison and the department of rehabilitation and correction, the	4192
county sheriff, and the court agree otherwise, a convicted felon	4193
who is sentenced to serve a term of imprisonment in a state	4194
correctional institution shall be conveyed, within five days	4195
after sentencing, excluding Saturdays, Sundays, and legal	4196
holidays, by the sheriff of the county in which the conviction	4197
was had to the facility that is designated by the department of	4198
rehabilitation and correction for the reception of convicted	4199
felons. The sheriff shall deliver the convicted felon into the	4200
custody of the managing officer of the reception facility and, at	4201
that time, unless the department and the sheriff have agreed to	4202
electronically processed prisoner commitment, shall present the	4203
managing officer with a copy of the convicted felon's sentence	4204
that clearly describes each offense for which the felon was	4205
sentenced to a correctional institution, designates each section	4206
of the Revised Code that the felon violated and that resulted in	4207
the felon's conviction and sentence to a correctional	4208
institution, designates the sentence imposed for each offense for	4209
which the felon was sentenced to a correctional institution, and,	4210
pursuant to section 2967.191 of the Revised Code, specifies the	4211
total number of days, if any, that the felon was confined for any	4212
reason prior to conviction and sentence. The sheriff, at that	4213
time, also shall present the managing officer with a copy of the	4214
indictment. The clerk of the court of common pleas shall furnish	4215
the copies of the sentence and indictment. In the case of a	4216
person under the age of eighteen years who is certified to the	4217
court of common pleas by the juvenile court, the clerk of the	4218
court of common pleas also shall attach a copy of the	4219
certification to the copy of the indictment.	4220

The convicted felon shall be assigned to an institution or	4221
designated to be housed in a county, multicounty, municipal,	4222
municipal-county, or multicounty-municipal jail or workhouse, if	4223
authorized pursuant to section 5120.161 of the Revised Code, shall	4224
be conveyed to the institution, jail, or workhouse, and shall be	4225
kept within the institution, jail, or workhouse until the term of	4226
the felon's imprisonment expires, the felon is pardoned, paroled,	4227
or placed under a post-release control sanction, or the felon is	4228
transferred under laws permitting the transfer of prisoners. If	4229
the execution of the felon's sentence is suspended, and the	4230
judgment thereafter affirmed, the felon shall be conveyed, in the	4231
same manner as if the execution of the felon's sentence had not	4232
been suspended, to the reception facility as soon as practicable	4233
after the judge directs the execution of sentence. The trial judge	4234
or other judge of the court, in the judge's discretion and for	4235
good cause shown, may extend the time of the conveyance.	4236

Sec. 2951.021.  (A)(1) If a court places a misdemeanor	4237
offender under a community control sanction under section 2929.26,	4238
2929.27, or 2929.28 of the Revised Code or places a felony	4239
offender under a community control sanction under section 2929.16,	4240
2929.17, or 2929.18 of the Revised Code and if the court places	4241
the offender under the control and supervision of a probation	4242
agency, the court may require the offender, as a condition of	4243
community control, to pay a monthly supervision fee of not more	4244
than fifty dollars for supervision services. If the court requires	4245
an offender to pay a monthly supervision fee and the offender will	4246
be under the control of a county department of probation, a	4247
multicounty department of probation, or a municipal court	4248
department of probation established under section 1901.33 of the	4249
Revised Code, the court shall specify whether the offender is to	4250
pay the fee to the probation agency that will have control over	4251
the offender or to the clerk of the court for which the	4252
supervision agency is established. If the court requires an	4253
offender to pay a monthly probation fee and the offender will be	4254
under the control of the adult parole authority, the court shall	4255
specify that the offender is to pay the fee to the clerk of the	4256
court of common pleas.	4257

(2) No person shall be assessed, in any month, more than	4258
fifty dollars in supervision fees.	4259

(3) The prosecuting attorney of the county or the chief legal	4260
officer of a municipal corporation in which is located the court	4261
that imposed sentence upon an offender may bring a civil action to	4262
recover unpaid monthly supervision fees that the offender was	4263
required to pay. Any amount recovered in the civil action shall be	4264
paid into the appropriate county or municipal probation services	4265
fund in accordance with division (B) of this section.	4266

(4) The failure of an offender to comply with a condition of	4267
community control that requires the offender to pay a monthly	4268
supervision fee and that is imposed under division (A)(1) of this	4269
section shall not constitute the basis for the modification of the	4270
offender's community control sanctions pursuant to section 2929.15	4271
or 2929.25 of the Revised Code but may be considered with any	4272
other factors that form the basis of a modification of a sanction	4273
for violating a community control sanction under those sections.	4274
If the court determines that a misdemeanor offender on community	4275
control failed to pay a monthly supervision fee imposed under	4276
division (A)(1) of this section and that no other factors	4277
warranting the modification of the offender's community control	4278
sanction are present, the court shall remand the offender to the	4279
custody of the probation agency and may impose any additional	4280
conditions of community control upon the offender, including a	4281
requirement that the offender perform community service, as the	4282
ends of justice require. Any requirement imposed pursuant to	4283
division (A)(4) of this section that the offender perform	4284
community service shall be in addition to and shall not limit or	4285
otherwise affect any order that the offender perform community	4286
service pursuant to division (B) of section 2951.02 of the Revised	4287
Code.	4288

(B) Prior to the last day of the month in each month during	4289
the period of community control, an offender who is ordered to pay	4290
a monthly supervision fee under this section shall pay the fee to	4291
the probation agency that has control and supervision over the	4292
offender or to the clerk of the court for which the probation	4293
agency is established, as specified by the court, except that, if	4294
the probation agency is the adult parole authority, the offender	4295
shall pay the fee to the clerk of the court of common pleas. Each	4296
probation agency or clerk of a court that receives any monthly	4297
supervision fees shall keep a record of the monthly supervision	4298
fees that are paid to the agency or the clerk and shall give a	4299
written receipt to each person who pays a supervision fee to the	4300
agency or clerk.	4301

(C) Subject to division (E) of this section, all monthly	4302
supervision fees collected under this section by a probation	4303
agency or the clerk of a court shall be disposed of in the	4304
following manner:	4305

(1) For offenders who are under the control and supervision	4306
of a county department of probation or a municipal court	4307
department of probation in a county-operated municipal court, on	4308
or before the fifth business day of each month, the chief	4309
probation officer, the chief probation officer's designee, or the	4310
clerk of the court shall pay all monthly supervision fees	4311
collected in the previous month to the county treasurer of the	4312
county in which the county department of probation or municipal	4313
court department of probation is established for deposit into the	4314
county probation services fund established in the county treasury	4315
of that county pursuant to division (A)(1) of section 321.44 of	4316
the Revised Code.	4317

(2) For offenders who are under the control and supervision	4318
of a multicounty department of probation, on or before the fifth	4319
business day of each month, the chief probation officer, the chief	4320
probation officer's designee, or the clerk of the court shall pay	4321
all monthly supervision fees collected in the previous month to	4322
the county treasurer of the county in which is located the court	4323
of common pleas that placed the offender under a community control	4324
sanction under the control of the department for deposit into the	4325
county probation services fund established in the county treasury	4326
of that county pursuant to division (A)(1) of section 321.44 of	4327
the Revised Code and for subsequent appropriation and transfer in	4328
accordance with division (A)(2) of that section to the appropriate	4329
multicounty probation services fund established pursuant to	4330
division (B) of that section.	4331

(3) For offenders who are under the control and supervision	4332
of a municipal court department of probation in a municipal court	4333
that is not a county-operated municipal court, on or before the	4334
fifth business day of each month, the chief probation officer, the	4335
chief probation officer's designee, or the clerk of the court	4336
shall pay all monthly supervision fees collected in the previous	4337
month to the treasurer of the municipal corporation for deposit	4338
into the municipal probation services fund established pursuant to	4339
section 737.41 of the Revised Code.	4340

(4) For offenders who are under the control and supervision	4341
of the adult parole authority, the clerk of the court of common	4342
pleas, on or before the fifth business day of January, April,	4343
July, and October, shall pay all monthly supervision fees	4344
collected by the clerk in the previous three months to the	4345
treasurer of the county in which is located the court of common	4346
pleas that placed the offender under a community control sanction	4347
under the control of the authority for deposit into the county	4348
probation services fund established in the county treasury of that	4349
county pursuant to division (A)(1) of section 321.44 of the	4350
Revised Code and for subsequent appropriation and transfer in	4351
accordance with division (A)(2) of that section to the adult	4352
parole authority probation services fund established pursuant to	4353
section 5149.06 of the Revised Code.	4354

(D) Not later than the first day of December of each year,	4355
each probation agency or the court of common pleas of a county in	4356
which the court has entered into an agreement with the adult	4357
parole authority pursuant to section 2301.32 of the Revised Code	4358
shall prepare a report regarding its use of money from a county	4359
probation services fundaccount, a multicounty probation services	4360
fundaccount, or a municipal probation services fundaccount, or	4361
the adult parole authority probation services fund, whichever is	4362
applicable. The report shall specify the amount appropriated from	4363
the fund to the probation agency or court during the current	4364
calendar year, an estimate of the amount that the probation	4365
agency or court will expend by the end of the year, a summary of	4366
how the amount appropriated has been expended for probation	4367
services, and an estimate of the amount of supervision fees that	4368
the probation agency or court will collect and pay to the	4369
appropriate treasurer for deposit in the appropriate fund in the	4370
next calendar year. The report shall be filed with one of the	4371
following:	4372

(1) If the probation agency is a county department of	4373
probation or a municipal court department of probation in a	4374
county-operated municipal court, with the board of county	4375
commissioners of that county;	4376

(2) If the probation agency is a multicounty department of	4377
probation, with the board of county commissioners of the county	4378
whose treasurer, in accordance with section 2301.27 of the Revised	4379
Code, is designated as the treasurer to whom supervision fees	4380
collected under this section are to be appropriated and	4381
transferred under division (A)(2) of section 321.44 of the Revised	4382
Code;	4383

(3) If the probation agency is a department of probation of a	4384
municipal court that is not a county-operated municipal court,	4385
with the legislative authority of the municipal corporation that	4386
operates the court;	4387

(4) If the probation agency iscourt of common pleas has	4388
entered into an agreement with the adult parole authority, with	4389
the chairpersons of the finance committees of the senate and the	4390
house of representatives, the directors of the office of budget	4391
and management and the legislative service commission,director of	4392
rehabilitation and correction, the chief of the adult parole	4393
authority, and the board of county commissioners in each county	4394
for which the adult parole authority provides probation services.	4395

(E) If the clerk of a court of common pleas or the clerk of a	4396
municipal court collects any monthly supervision fees under this	4397
section, the clerk may retain up to two per cent of the fees so	4398
collected to cover any administrative costs experienced in	4399
complying with the clerk's duties under this section.	4400

Sec. 2951.041.  (A)(1) If an offender is charged with a	4401
criminal offense and the court has reason to believe that drug or	4402
alcohol usage by the offender was a factor leading to the	4403
offender's criminal behavior, the court may accept, prior to the	4404
entry of a guilty plea, the offender's request for intervention in	4405
lieu of conviction. The request shall include a waiver of the	4406
defendant's right to a speedy trial, the preliminary hearing, the	4407
time period within which the grand jury may consider an indictment	4408
against the offender, and arraignment, unless the hearing,	4409
indictment, or arraignment has already occurred. The court may	4410
reject an offender's request without a hearing. If the court	4411
elects to consider an offender's request, the court shall conduct	4412
a hearing to determine whether the offender is eligible under this	4413
section for intervention in lieu of conviction and shall stay all	4414
criminal proceedings pending the outcome of the hearing. If the	4415
court schedules a hearing, the court shall order an assessment of	4416
the offender for the purpose of determining the offender's	4417
eligibility for intervention in lieu of conviction and	4418
recommending an appropriate intervention plan.	4419

(2) The victim notification provisions of division (C) of	4420
section 2930.08 of the Revised Code apply in relation to any	4421
hearing held under division (A)(1) of this section.	4422

(B) An offender is eligible for intervention in lieu of	4423
conviction if the court finds all of the following:	4424

(1) The offender previously has not been convicted of or	4425
pleaded guilty to a felony, previously has not been through	4426
intervention in lieu of conviction under this section or any	4427
similar regimen, and is charged with a felony for which the	4428
court, upon conviction, would impose sentence under division	4429
(B)(2)(b) of section 2929.13 of the Revised Code or with a	4430
misdemeanor.	4431

(2) The offense is not a felony of the first, second, or	4432
third degree, is not an offense of violence, is not a violation of	4433
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	4434
not a violation of division (A)(1) of section 2903.08 of the	4435
Revised Code, is not a violation of division (A) of section	4436
4511.19 of the Revised Code or a municipal ordinance that is	4437
substantially similar to that division, and is not an offense for	4438
which a sentencing court is required to impose a mandatory prison	4439
term, a mandatory term of local incarceration, or a mandatory term	4440
of imprisonment in a jail.	4441

(3) The offender is not charged with a violation of section	4442
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	4443
not charged with a violation of section 2925.11 of the Revised	4444
Code that is a felony of the first, second, or third degree.	4445

(4) The offender is not charged with a violation of section	4446
2925.11 of the Revised Code that is a felony of the fourth degree,	4447
or the offender is charged with a violation of that section that	4448
is a felony of the fourth degree and the prosecutor in the case	4449
has recommended that the offender be classified as being eligible	4450
for intervention in lieu of conviction under this section.	4451

(5) The offender has been assessed by an appropriately	4452
licensed provider, certified facility, or licensed and	4453
credentialed professional, including, but not limited to, a	4454
program licensed by the department of alcohol and drug addiction	4455
services pursuant to section 3793.11 of the Revised Code, a	4456
program certified by that department pursuant to section 3793.06	4457
of the Revised Code, a public or private hospital, the United	4458
States department of veterans affairs, another appropriate agency	4459
of the government of the United States, or a licensed physician,	4460
psychiatrist, psychologist, independent social worker,	4461
professional counselor, or chemical dependency counselor for the	4462
purpose of determining the offender's eligibility for intervention	4463
in lieu of conviction and recommending an appropriate intervention	4464
plan.	4465

(6) The offender's drug or alcohol usage was a factor leading	4466
to the criminal offense with which the offender is charged,	4467
intervention in lieu of conviction would not demean the	4468
seriousness of the offense, and intervention would substantially	4469
reduce the likelihood of any future criminal activity.	4470

(7) The alleged victim of the offense was not sixty-five	4471
years of age or older, permanently and totally disabled, under	4472
thirteen years of age, or a peace officer engaged in the officer's	4473
official duties at the time of the alleged offense.	4474

(8) If the offender is charged with a violation of section	4475
2925.24 of the Revised Code, the alleged violation did not result	4476
in physical harm to any person, and the offender previously has	4477
not been treated for drug abuse.	4478

(9) The offender is willing to comply with all terms and	4479
conditions imposed by the court pursuant to division (D) of this	4480
section.	4481

(C) At the conclusion of a hearing held pursuant to division	4482
(A) of this section, the court shall enter its determination as to	4483
whether the offender is eligible for intervention in lieu of	4484
conviction and as to whether to grant the offender's request. If	4485
the court finds under division (B) of this section that the	4486
offender is eligible for intervention in lieu of conviction and	4487
grants the offender's request, the court shall accept the	4488
offender's plea of guilty and waiver of the defendant's right to a	4489
speedy trial, the preliminary hearing, the time period within	4490
which the grand jury may consider an indictment against the	4491
offender, and arraignment, unless the hearing, indictment, or	4492
arraignment has already occurred. In addition, the court then may	4493
stay all criminal proceedings and order the offender to comply	4494
with all terms and conditions imposed by the court pursuant to	4495
division (D) of this section. If the court finds that the offender	4496
is not eligible or does not grant the offender's request, the	4497
criminal proceedings against the offender shall proceed as if the	4498
offender's request for intervention in lieu of conviction had not	4499
been made.	4500

(D) If the court grants an offender's request for	4501
intervention in lieu of conviction, the court shall place the	4502
offender under the general control and supervision of the county	4503
probation department, the adult parole authority, or another	4504
appropriate local probation or court services agency, if one	4505
exists, as if the offender was subject to a community control	4506
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	4507
Revised Code. The court shall establish an intervention plan for	4508
the offender. The terms and conditions of the intervention plan	4509
shall require the offender, for at least one year from the date on	4510
which the court grants the order of intervention in lieu of	4511
conviction, to abstain from the use of illegal drugs and alcohol,	4512
to participate in treatment and recovery support services, and to	4513
submit to regular random testing for drug and alcohol use and may	4514
include any other treatment terms and conditions, or terms and	4515
conditions similar to community control sanctions, which may	4516
include community service or restitution, that are ordered by the	4517
court.	4518

(E) If the court grants an offender's request for	4519
intervention in lieu of conviction and the court finds that the	4520
offender has successfully completed the intervention plan for the	4521
offender, including the requirement that the offender abstain from	4522
using drugs and alcohol for a period of at least one year from the	4523
date on which the court granted the order of intervention in lieu	4524
of conviction and all other terms and conditions ordered by the	4525
court, the court shall dismiss the proceedings against the	4526
offender. Successful completion of the intervention plan and	4527
period of abstinence under this section shall be without	4528
adjudication of guilt and is not a criminal conviction for	4529
purposes of any disqualification or disability imposed by law and	4530
upon conviction of a crime, and the court may order the sealing of	4531
records related to the offense in question in the manner provided	4532
in sections 2953.31 to 2953.36 of the Revised Code.	4533

(F) If the court grants an offender's request for	4534
intervention in lieu of conviction and the offender fails to	4535
comply with any term or condition imposed as part of the	4536
intervention plan for the offender, the supervising authority for	4537
the offender promptly shall advise the court of this failure, and	4538
the court shall hold a hearing to determine whether the offender	4539
failed to comply with any term or condition imposed as part of the	4540
plan. If the court determines that the offender has failed to	4541
comply with any of those terms and conditions, it shall enter a	4542
finding of guilty and shall impose an appropriate sanction under	4543
Chapter 2929. of the Revised Code. If the court sentences the	4544
offender to a prison term, the court, after consulting with the	4545
department of rehabilitation and correction regarding the	4546
availability of services, may order continued court-supervised	4547
activity and treatment of the offender during the prison term and,	4548
upon consideration of reports received from the department	4549
concerning the offender's progress in the program of activity and	4550
treatment, may consider judicial release under section 2929.20 of	4551
the Revised Code.	4552

(G) As used in this section:

4553

(1) "Community control sanction" has the same meaning as in	4554
section 2929.01 of the Revised Code.	4555

(2) "Intervention in lieu of conviction" means any	4556
court-supervised activity that complies with this section.	4557

(3) "Peace officer" has the same meaning as in section	4558
2935.01 of the Revised Code.	4559

Sec. 2953.08.  (A) In addition to any other right to appeal	4560
and except as provided in division (D) of this section, a	4561
defendant who is convicted of or pleads guilty to a felony may	4562
appeal as a matter of right the sentence imposed upon the	4563
defendant on one of the following grounds:	4564

(1) The sentence consisted of or included the maximum prison	4565
term allowed for the offense by division (A) of section 2929.14 or	4566
section 2929.142 of the Revised Code, the sentence was not imposed	4567
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	4568
Code, the maximum prison term was not required for the offense	4569
pursuant to Chapter 2925. or any other provision of the Revised	4570
Code, and the court imposed the sentence under one of the	4571
following circumstances:	4572

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

4573

(b) The sentence was imposed for two or more offenses arising	4574
out of a single incident, and the court imposed the maximum prison	4575
term for the offense of the highest degree.	4576

(2) The sentence consisted of or included a prison term, the	4577
offense for which it was imposed is a felony of the fourth or	4578
fifth degree or is a felony drug offense that is a violation of a	4579
provision of Chapter 2925. of the Revised Code and that is	4580
specified as being subject to division (B) of section 2929.13 of	4581
the Revised Code for purposes of sentencing, and the court did not	4582
specify at sentencing that it found one or more factors specified	4583
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	4584
Code to apply relative to the defendant. If the court specifies	4585
that it found one or more of those factors to apply relative to	4586
the defendant, the defendant is not entitled under this division	4587
to appeal as a matter of right the sentence imposed upon the	4588
offender.	4589

(3) The person was convicted of or pleaded guilty to a	4590
violent sex offense or a designated homicide, assault, or	4591
kidnapping offense, was adjudicated a sexually violent predator in	4592
relation to that offense, and was sentenced pursuant to division	4593
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	4594
of the indefinite term imposed pursuant to division (A)(3) of	4595
section 2971.03 of the Revised Code is the longest term available	4596
for the offense from among the range of terms listed in section	4597
2929.14 of the Revised Code. As used in this division, "designated	4598
homicide, assault, or kidnapping offense" and "violent sex	4599
offense" have the same meanings as in section 2971.01 of the	4600
Revised Code. As used in this division, "adjudicated a sexually	4601
violent predator" has the same meaning as in section 2929.01 of	4602
the Revised Code, and a person is "adjudicated a sexually violent	4603
predator" in the same manner and the same circumstances as are	4604
described in that section.	4605

(4) The sentence is contrary to law.

4606

(5) The sentence consisted of an additional prison term of	4607
ten years imposed pursuant to division (D)(2)(a) of section	4608
2929.14 of the Revised Code.	4609

(6) The sentence consisted of an additional prison term of	4610
ten years imposed pursuant to division (D)(3)(b) of section	4611
2929.14 of the Revised Code.	4612

(B) In addition to any other right to appeal and except as	4613
provided in division (D) of this section, a prosecuting attorney,	4614
a city director of law, village solicitor, or similar chief legal	4615
officer of a municipal corporation, or the attorney general, if	4616
one of those persons prosecuted the case, may appeal as a matter	4617
of right a sentence imposed upon a defendant who is convicted of	4618
or pleads guilty to a felony or, in the circumstances described in	4619
division (B)(3) of this section the modification of a sentence	4620
imposed upon such a defendant, on any of the following grounds:	4621

(1) The sentence did not include a prison term despite a	4622
presumption favoring a prison term for the offense for which it	4623
was imposed, as set forth in section 2929.13 or Chapter 2925. of	4624
the Revised Code.	4625

(2) The sentence is contrary to law.

4626

(3) The sentence is a modification under section 2929.20 of	4627
the Revised Code of a sentence that was imposed for a felony of	4628
the first or second degree.	4629

(C)(1) In addition to the right to appeal a sentence granted	4630
under division (A) or (B) of this section, a defendant who is	4631
convicted of or pleads guilty to a felony may seek leave to appeal	4632
a sentence imposed upon the defendant on the basis that the	4633
sentencing judge has imposed consecutive sentences under division	4634
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	4635
consecutive sentences exceed the maximum prison term allowed by	4636
division (A) of that section for the most serious offense of which	4637
the defendant was convicted. Upon the filing of a motion under	4638
this division, the court of appeals may grant leave to appeal the	4639
sentence if the court determines that the allegation included as	4640
the basis of the motion is true.	4641

(2) A defendant may seek leave to appeal an additional	4642
sentence imposed upon the defendant pursuant to division (D)(2)(a)	4643
or (b) of section 2929.14 of the Revised Code if the additional	4644
sentence is for a definite prison term that is longer than five	4645
years.	4646

(D)(1) A sentence imposed upon a defendant is not subject to	4647
review under this section if the sentence is authorized by law,	4648
has been recommended jointly by the defendant and the prosecution	4649
in the case, and is imposed by a sentencing judge.	4650

(2) Except as provided in division (C)(2) of this section, a	4651
sentence imposed upon a defendant is not subject to review under	4652
this section if the sentence is imposed pursuant to division	4653
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	4654
otherwise provided in this division, a defendant retains all	4655
rights to appeal as provided under this chapter or any other	4656
provision of the Revised Code. A defendant has the right to appeal	4657
under this chapter or any other provision of the Revised Code the	4658
court's application of division (D)(2)(c) of section 2929.14 of	4659
the Revised Code.	4660

(3) A sentence imposed for aggravated murder or murder	4661
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	4662
subject to review under this section.	4663

(E) A defendant, prosecuting attorney, city director of law,	4664
village solicitor, or chief municipal legal officer shall file an	4665
appeal of a sentence under this section to a court of appeals	4666
within the time limits specified in Rule 4(B) of the Rules of	4667
Appellate Procedure, provided that if the appeal is pursuant to	4668
division (B)(3) of this section, the time limits specified in that	4669
rule shall not commence running until the court grants the motion	4670
that makes the sentence modification in question. A sentence	4671
appeal under this section shall be consolidated with any other	4672
appeal in the case. If no other appeal is filed, the court of	4673
appeals may review only the portions of the trial record that	4674
pertain to sentencing.	4675

(F) On the appeal of a sentence under this section, the	4676
record to be reviewed shall include all of the following, as	4677
applicable:	4678

(1) Any presentence, psychiatric, or other investigative	4679
report that was submitted to the court in writing before the	4680
sentence was imposed. An appellate court that reviews a	4681
presentence investigation report prepared pursuant to section	4682
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	4683
connection with the appeal of a sentence under this section shall	4684
comply with division (D)(3) of section 2951.03 of the Revised Code	4685
when the appellate court is not using the presentence	4686
investigation report, and the appellate court's use of a	4687
presentence investigation report of that nature in connection with	4688
the appeal of a sentence under this section does not affect the	4689
otherwise confidential character of the contents of that report as	4690
described in division (D)(1) of section 2951.03 of the Revised	4691
Code and does not cause that report to become a public record, as	4692
defined in section 149.43 of the Revised Code, following the	4693
appellate court's use of the report.	4694

(2) The trial record in the case in which the sentence was	4695
imposed;	4696

(3) Any oral or written statements made to or by the court at	4697
the sentencing hearing at which the sentence was imposed;	4698

(4) Any written findings that the court was required to make	4699
in connection with the modification of the sentence pursuant to a	4700
judicial release under division (H)(I) of section 2929.20 of the	4701
Revised Code.	4702

(G)(1) If the sentencing court was required to make the	4703
findings required by division (B) or (D) of section 2929.13,	4704
division (D)(2)(e) or (E)(4) of section 2929.14, or division	4705
(H)(I) of section 2929.20 of the Revised Code relative to the	4706
imposition or modification of the sentence, and if the sentencing	4707
court failed to state the required findings on the record, the	4708
court hearing an appeal under division (A), (B), or (C) of this	4709
section shall remand the case to the sentencing court and instruct	4710
the sentencing court to state, on the record, the required	4711
findings.	4712

(2) The court hearing an appeal under division (A), (B), or	4713
(C) of this section shall review the record, including the	4714
findings underlying the sentence or modification given by the	4715
sentencing court.	4716

The appellate court may increase, reduce, or otherwise modify	4717
a sentence that is appealed under this section or may vacate the	4718
sentence and remand the matter to the sentencing court for	4719
resentencing. The appellate court's standard for review is not	4720
whether the sentencing court abused its discretion. The appellate	4721
court may take any action authorized by this division if it	4722
clearly and convincingly finds either of the following:	4723

(a) That the record does not support the sentencing court's	4724
findings under division (B) or (D) of section 2929.13, division	4725
(D)(2)(e) or (E)(4) of section 2929.14, or division (H)(I) of	4726
section 2929.20 of the Revised Code, whichever, if any, is	4727
relevant;	4728

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

4729

(H) A judgment or final order of a court of appeals under	4730
this section may be appealed, by leave of court, to the supreme	4731
court.	4732

(I)(1) There is hereby established the felony sentence appeal	4733
cost oversight committee, consisting of eight members. One member	4734
shall be the chief justice of the supreme court or a	4735
representative of the court designated by the chief justice, one	4736
member shall be a member of the senate appointed by the president	4737
of the senate, one member shall be a member of the house of	4738
representatives appointed by the speaker of the house of	4739
representatives, one member shall be the director of budget and	4740
management or a representative of the office of budget and	4741
management designated by the director, one member shall be a judge	4742
of a court of appeals, court of common pleas, municipal court, or	4743
county court appointed by the chief justice of the supreme court,	4744
one member shall be the state public defender or a representative	4745
of the office of the state public defender designated by the state	4746
public defender, one member shall be a prosecuting attorney	4747
appointed by the Ohio prosecuting attorneys association, and one	4748
member shall be a county commissioner appointed by the county	4749
commissioners association of Ohio. No more than three of the	4750
appointed members of the committee may be members of the same	4751
political party.	4752

The president of the senate, the speaker of the house of	4753
representatives, the chief justice of the supreme court, the Ohio	4754
prosecuting attorneys association, and the county commissioners	4755
association of Ohio shall make the initial appointments to the	4756
committee of the appointed members no later than ninety days after	4757
July 1, 1996. Of those initial appointments to the committee, the	4758
members appointed by the speaker of the house of representatives	4759
and the Ohio prosecuting attorneys association shall serve a term	4760
ending two years after July 1, 1996, the member appointed by the	4761
chief justice of the supreme court shall serve a term ending three	4762
years after July 1, 1996, and the members appointed by the	4763
president of the senate and the county commissioners association	4764
of Ohio shall serve terms ending four years after July 1, 1996.	4765
Thereafter, terms of office of the appointed members shall be for	4766
four years, with each term ending on the same day of the same	4767
month as did the term that it succeeds. Members may be	4768
reappointed. Vacancies shall be filled in the same manner provided	4769
for original appointments. A member appointed to fill a vacancy	4770
occurring prior to the expiration of the term for which that	4771
member's predecessor was appointed shall hold office as a member	4772
for the remainder of the predecessor's term. An appointed member	4773
shall continue in office subsequent to the expiration date of that	4774
member's term until that member's successor takes office or until	4775
a period of sixty days has elapsed, whichever occurs first.	4776

If the chief justice of the supreme court, the director of	4777
the office of budget and management, or the state public defender	4778
serves as a member of the committee, that person's term of office	4779
as a member shall continue for as long as that person holds office	4780
as chief justice, director of the office of budget and management,	4781
or state public defender. If the chief justice of the supreme	4782
court designates a representative of the court to serve as a	4783
member, the director of budget and management designates a	4784
representative of the office of budget and management to serve as	4785
a member, or the state public defender designates a representative	4786
of the office of the state public defender to serve as a member,	4787
the person so designated shall serve as a member of the commission	4788
for as long as the official who made the designation holds office	4789
as chief justice, director of the office of budget and management,	4790
or state public defender or until that official revokes the	4791
designation.	4792

The chief justice of the supreme court or the representative	4793
of the supreme court appointed by the chief justice shall serve as	4794
chairperson of the committee. The committee shall meet within two	4795
weeks after all appointed members have been appointed and shall	4796
organize as necessary. Thereafter, the committee shall meet at	4797
least once every six months or more often upon the call of the	4798
chairperson or the written request of three or more members,	4799
provided that the committee shall not meet unless moneys have been	4800
appropriated to the judiciary budget administered by the supreme	4801
court specifically for the purpose of providing financial	4802
assistance to counties under division (I)(2) of this section and	4803
the moneys so appropriated then are available for that purpose.	4804

The members of the committee shall serve without	4805
compensation, but, if moneys have been appropriated to the	4806
judiciary budget administered by the supreme court specifically	4807
for the purpose of providing financial assistance to counties	4808
under division (I)(2) of this section, each member shall be	4809
reimbursed out of the moneys so appropriated that then are	4810
available for actual and necessary expenses incurred in the	4811
performance of official duties as a committee member.	4812

(2) The state criminal sentencing commission periodically	4813
shall provide to the felony sentence appeal cost oversight	4814
committee all data the commission collects pursuant to division	4815
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	4816
data from the state criminal sentencing commission, the felony	4817
sentence appeal cost oversight committee periodically shall review	4818
the data; determine whether any money has been appropriated to the	4819
judiciary budget administered by the supreme court specifically	4820
for the purpose of providing state financial assistance to	4821
counties in accordance with this division for the increase in	4822
expenses the counties experience as a result of the felony	4823
sentence appeal provisions set forth in this section or as a	4824
result of a postconviction relief proceeding brought under	4825
division (A)(2) of section 2953.21 of the Revised Code or an	4826
appeal of a judgment in that proceeding; if it determines that any	4827
money has been so appropriated, determine the total amount of	4828
moneys that have been so appropriated specifically for that	4829
purpose and that then are available for that purpose; and develop	4830
a recommended method of distributing those moneys to the counties.	4831
The committee shall send a copy of its recommendation to the	4832
supreme court. Upon receipt of the committee's recommendation, the	4833
supreme court shall distribute to the counties, based upon that	4834
recommendation, the moneys that have been so appropriated	4835
specifically for the purpose of providing state financial	4836
assistance to counties under this division and that then are	4837
available for that purpose.	4838

Sec. 2953.13.  When a defendant has been committed to a state	4839
correctional institution and the judgment, by virtue of which the	4840
commitment was made, is reversed on appeal, and the defendant is	4841
entitled to his discharge or a new trial, or when the case is	4842
remanded to the trial court for any reason, the clerk of the court	4843
reversing the judgment or remanding the case, under the seal	4844
thereofof the court, shall forthwith certify saidthe reversal or	4845
remand to the warden of the state correctional institution.	4846

The warden, on receipt of the certificate, if a discharge of	4847
the defendant is ordered, shall forthwith discharge himthe	4848
defendant from the state correctional institution.	4849

If a new trial is ordered or the case is remanded, the warden	4850
shall forthwith cause the defendant to be conveyed to the jail of	4851
the county in which hethe defendant was convicted, and committed	4852
to the custody of the sheriff thereofof that county.	4853

Sec. 2967.03.  The adult parole authority may exercise its	4854
functions and duties in relation to the pardon, commutation of	4855
sentence, or reprieve of a convict upon direction of the governor	4856
or upon its own initiative. It may exercise its functions and	4857
duties in relation to the parole of a prisoner who is eligible for	4858
parole upon the initiative of the head of the institution in which	4859
the prisoner is confined or upon its own initiative. When a	4860
prisoner becomes eligible for parole, the head of the institution	4861
in which the prisoner is confined shall notify the authority in	4862
the manner prescribed by the authority. The authority may	4863
investigate and examine, or cause the investigation and	4864
examination of, prisoners confined in state correctional	4865
institutions concerning their conduct in the institutions, their	4866
mental and moral qualities and characteristics, their knowledge of	4867
a trade or profession, their former means of livelihood, their	4868
family relationships, and any other matters affecting their	4869
fitness to be at liberty without being a threat to society.	4870

The authority may recommend to the governor the pardon,	4871
commutation of sentence, medical release, or reprieve of any	4872
convict or prisoner or grant a parole to any prisoner for whom	4873
parole is authorized, if in its judgment there is reasonable	4874
ground to believe that granting a pardon, commutation, medical	4875
release, or reprieve to the convict or paroling the prisoner would	4876
further the interests of justice and be consistent with the	4877
welfare and security of society. However, the authority shall not	4878
recommend a pardon or, commutation of sentence, or medical release	4879
of, or grant a parole to, any convict or prisoner until the	4880
authority has complied with the applicable notice requirements of	4881
sections 2930.16 and 2967.12 of the Revised Code and until it has	4882
considered any statement made by a victim or a victim's	4883
representative that is relevant to the convict's or prisoner's	4884
case and that was sent to the authority pursuant to section	4885
2930.17 of the Revised Code, any other statement made by a victim	4886
or a victim's representative that is relevant to the convict's or	4887
prisoner's case and that was received by the authority after it	4888
provided notice of the pendency of the action under sections	4889
2930.16 and 2967.12 of the Revised Code, and any written statement	4890
of any person submitted to the court pursuant to division (H)(G)	4891
of section 2967.12 of the Revised Code. If a victim, victim's	4892
representative, or the victim's spouse, parent, sibling, or child	4893
appears at a full board hearing of the parole board and gives	4894
testimony as authorized by section 5149.101 of the Revised Code,	4895
the authority shall consider the testimony in determining whether	4896
to grant a parole. The trial judge and prosecuting attorney of the	4897
trial court in which a person was convicted shall furnish to the	4898
authority, at the request of the authority, a summarized statement	4899
of the facts proved at the trial and of all other facts having	4900
reference to the propriety of recommending a pardon or,	4901
commutation, or medical release, or granting a parole, together	4902
with a recommendation for or against a pardon, commutation,	4903
medical release, or parole, and the reasons for the	4904
recommendation. The trial judge, the prosecuting attorney,	4905
specified law enforcement agency members, and a representative of	4906
the prisoner may appear at a full board hearing of the parole	4907
board and give testimony in regard to the grant of a parole to the	4908
prisoner as authorized by section 5149.101 of the Revised Code.	4909
All state and local officials shall furnish information to the	4910
authority, when so requested by it in the performance of its	4911
duties.	4912

The adult parole authority shall exercise its functions and	4913
duties in relation to the release of prisoners who are serving a	4914
stated prison term in accordance with section 2967.28 of the	4915
Revised Code.	4916

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

4917

(1) "Imminent danger of death" means that the inmate has a	4918
medically diagnosable condition that will cause death to occur	4919
within a short period of time.	4920

As used in division (A)(1) of this section, "within a short	4921
period of time" means generally within six months.	4922

(2)(a) "Medically incapacitated" means any diagnosable	4923
medical condition, including mental dementia and severe, permanent	4924
medical or cognitive disability, that prevents the inmate from	4925
completing activities of daily living without significant	4926
assistance, that incapacitates the inmate to the extent that	4927
institutional confinement does not offer additional restrictions,	4928
that is likely to continue throughout the entire period of parole,	4929
and that is unlikely to improve noticeably.	4930

(b) "Medically incapacitated" does not include conditions	4931
related solely to mental illness unless the mental illness is	4932
accompanied by injury, disease, or organic defect.	4933

(3)(a) "Terminal illness" means a condition that satisfies	4934
all of the following criteria:	4935

(i) The condition is irreversible and incurable and is caused	4936
by disease, illness, or injury from which the inmate is unlikely	4937
to recover.	4938

(ii) In accordance with reasonable medical standards and a	4939
reasonable degree of medical certainty, the condition is likely to	4940
cause death to the inmate within twelve months.	4941

(iii) Institutional confinement of the inmate does not offer	4942
additional protections for public safety or against the inmate's	4943
risk to reoffend.	4944

(b) The department of rehabilitation and correction shall	4945
adopt rules pursuant to Chapter 119. of the Revised Code to	4946
implement the definition of "terminal illness" in division	4947
(A)(3)(a) of this section.	4948

(B) Upon the recommendation of the director of	4949
rehabilitation and correction, accompanied by a certificate of the	4950
attending physician that a prisoner or convictan inmate is	4951
terminally ill, medically incapacitated, or in imminent danger of	4952
death, the governor may order histhe inmate's release as if on	4953
parole, reserving the right to return himthe inmate to the	4954
institution pursuant to this section. If, subsequent to histhe	4955
inmate's release, histhe inmate's health improves so that hethe	4956
inmate is no longer terminally ill, medically incapacitated, or in	4957
imminent danger of death, hethe inmate shall be returned, by	4958
order of the governor, to the institution from which hethe	4959
inmate was released. If hethe inmate violates any rules or	4960
conditions applicable to him, hethe inmate, the inmate may be	4961
returned to an institution under the control of the department of	4962
rehabilitation and correction. The governor may direct the adult	4963
parole authority to investigate or cause to be investigated the	4964
inmate and make a recommendation in the manner set forth in	4965
section 2967.03 of the Revised Code. An inmate released under	4966
this section shall be subject to supervision by the adult parole	4967
authority in accordance with any recommendation of the adult	4968
parole authority that is approved by the governor. The adult	4969
parole authority shall adopt rules pursuant to section 119.03 of	4970
the Revised Code to establish the procedure for medical release	4971
of an inmate when an inmate is terminally ill, medically	4972
incapacitated, or in imminent danger of death.	4973

(C) No inmate is eligible for release under this section if	4974
the inmate is serving a death sentence, a sentence of life without	4975
parole, a sentence under Chapter 2971. of the Revised Code for a	4976
felony of the first or second degree, a sentence for aggravated	4977
murder or murder, or a mandatory prison term for an offense of	4978
violence or any specification described in Chapter 2941. of the	4979
Revised Code.	4980

Sec. 2967.12.  (A) Except as provided in division (G) of this	4981
section, at least three weeks before the adult parole authority	4982
recommends any pardon or commutation of sentence, or grants any	4983
parole, the authority shall sendprovide a notice of the pendency	4984
of the pardon, commutation, or parole, setting forth the name of	4985
the person on whose behalf it is made, the offense of which the	4986
person was convicted or to which the person pleaded guilty, the	4987
time of conviction or the guilty plea, and the term of the	4988
person's sentence, to the prosecuting attorney and the judge of	4989
the court of common pleas of the county in which the indictment	4990
against the person was found. If there is more than one judge of	4991
that court of common pleas, the authority shall sendprovide the	4992
notice to the presiding judge. The department of rehabilitation	4993
and correction may utilize electronic means to provide this	4994
notice. The department of rehabilitation and correction, at the	4995
same time that it provides the notice to the prosecuting attorney	4996
and judge under this division, also shall post on the database it	4997
maintains pursuant to section 5120.66 of the Revised Code the	4998
offender's name and all of the information specified in division	4999
(A)(1)(c)(iii) of that section.	5000

(B) If a request for notification has been made pursuant to	5001
section 2930.16 of the Revised Code, the office of victim services	5002
or the adult parole authority also shall giveprovide notice to	5003
the victim or the victim's representative at least three weeks	5004
prior to recommending any pardon or commutation of sentence for,	5005
or granting any parole to, the person. The authority shall	5006
provide the notice at the same time as the notice required by	5007
division (A) of this section and shall include in the notice the	5008
information required to be set forth in that noticeby division	5009
(A) of this section and may be provided by telephone or through	5010
electronic means. The notice also shall inform the victim or the	5011
victim's representative that the victim or representative may	5012
send a written statement relative to the victimization and the	5013
pending action to the adult parole authority and that, if the	5014
authority receives any written statement prior to recommending a	5015
pardon or commutation or granting a parole for a person, the	5016
authority will consider the statement before it recommends a	5017
pardon or commutation or grants a parole. If the person is being	5018
considered for parole, the notice shall inform the victim or the	5019
victim's representative that a full board hearing of the parole	5020
board may be held and that the victim or victim's representative	5021
may contact the office of victims' services for further	5022
information. If the person being considered for parole was	5023
convicted of or pleaded guilty to violating section 2903.01 or	5024
2903.02 of the Revised Code, the notice shall inform the victim	5025
of that offense, the victim's representative, or a member of the	5026
victim's immediate family that the victim, the victim's	5027
representative, and the victim's immediate family have the right	5028
to give testimony at a full board hearing of the parole board and	5029
that the victim or victim's representative may contact the office	5030
of victims' services for further information. As used in this	5031
division, "the victim's immediate family" means the mother,	5032
father, spouse, sibling, or child of the victim.	5033

(C) When notice of the pendency of any pardon, commutation of	5034
sentence, or parole has been givenprovided to a judge or	5035
prosecutor or posted on the database as providedrequired in	5036
division (A) of this section and a hearing on the pardon,	5037
commutation, or parole is continued to a date certain, the	5038
authority shall provide notice of the further consideration of	5039
the pardon, commutation, or parole at least ten daysthree weeks	5040
before the further consideration. The notice of the further	5041
consideration shall be provided to the proper judge and	5042
prosecuting attorney by mail at least ten daysthree weeks before	5043
the further consideration, and may be provided using electronic	5044
means, and, if the initial notice was posted on the database as	5045
provided in division (A) of this section, the notice of the	5046
further consideration shall be posted on the database at least	5047
ten daysthree weeks before the further consideration. When notice	5048
of the pendency of any pardon, commutation, or parole has been	5049
given as provided in division (B) of this section and the hearing	5050
on it is continued to a date certain, the authority shall give	5051
notice of the further consideration to the victim or the victim's	5052
representative in accordance with section 2930.03 of the Revised	5053
Code.	5054

(D) In case of an application for the pardon or commutation	5055
of sentence of a person sentenced to capital punishment, the	5056
governor may modify the requirements of notification and	5057
publication if there is not sufficient time for compliance with	5058
the requirements before the date fixed for the execution of	5059
sentence.	5060

(E) If an offender is serving a prison term imposed under	5061
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	5062
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	5063
Code and if the parole board terminates its control over the	5064
offender's service of that term pursuant to section 2971.04 of	5065
the Revised Code, the parole board immediately shall provide	5066
written notice of its termination of control or the transfer of	5067
control to the entities and persons specified in section 2971.04	5068
of the Revised Code.	5069

(F) The failure of the adult parole authority to comply with	5070
the notice or posting provisions of division (A), (B), or (C) of	5071
this section or the failure of the parole board to comply with the	5072
notice provisions of division (E) of this section do not give any	5073
rights or any grounds for appeal or post-conviction relief to the	5074
person serving the sentence.	5075

(G) Divisions (A), (B), and (C) of this section do not apply	5076
to any release of a person that is of the type described in	5077
division (B)(2)(b) of section 5120.031 of the Revised Code.	5078

(H) In addition to and independent of the right of a victim	5079
to make a statement as described in division (A) of this section	5080
or pursuant to section 2930.17 of the Revised Code or to otherwise	5081
make a statement, the authority for a judge or prosecuting	5082
attorney to furnish statements and information, make	5083
recommendations, and give testimony as described in division (A)	5084
of this section, the right of a prosecuting attorney, judge, or	5085
victim to give testimony or submit a statement at a full parole	5086
board hearing pursuant to section 5149.101 of the Revised Code,	5087
and any other right or duty of a person to present information or	5088
make a statement, any person may send to the adult parole	5089
authority at any time prior to the authority's recommending a	5090
pardon or commutation or granting a parole for the offender a	5091
written statement relative to the offense and the pending action.	5092

Sec. 2967.121.  (A) Subject to division (C) of this section,	5093
at least two weeks before any convict who is serving a sentence	5094
for committing a felony of the first, second, or third degree is	5095
released from confinement in any state correctional institution	5096
pursuant to a pardon, commutation of sentence, parole, or	5097
completed prison term, the adult parole authority shall send	5098
provide notice of the release to the prosecuting attorney of the	5099
county in which the indictment of the convict was found.	5100

(B) The notice required by division (A) of this section may	5101
be contained in a weekly list of all felons of the first, second,	5102
or third degree who are scheduled for release. The notice shall	5103
contain all of the following:	5104

(1) The name of the convict being released;

5105

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

5106

(3) The offense for the violation of which the convict was	5107
convicted and incarcerated;	5108

(4) The date of the convict's conviction pursuant to which	5109
the convict was incarcerated;	5110

(5) The sentence imposed for that conviction;

5111

(6) The length of any supervision that the convict will be	5112
under;	5113

(7) The name, business address, and business phone number of	5114
the convict's supervising officer;	5115

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

5116

(C)(1) Divisions (A) and (B) of this section do not apply to	5117
the release from confinement of an offender if the offender is	5118
serving a prison term imposed under division (A)(3), (B)(1)(a),	5119
(b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or	5120
(d) of section 2971.03 of the Revised Code, if the court pursuant	5121
to section 2971.05 of the Revised Code modifies the requirement	5122
that the offender serve that entire term in a state correctional	5123
institution, and if the release from confinement is pursuant to	5124
that modification. In a case of that type, the court that modifies	5125
the requirement promptly shall provide written notice of the	5126
modification and the order that modifies the requirement or	5127
revises the modification to the offender, the department of	5128
rehabilitation and correction, the prosecuting attorney, and any	5129
state agency or political subdivision that is affected by the	5130
order.	5131

(2) Divisions (A) and (B) of this section do not apply to the	5132
release from confinement of an offender if, upon admission to the	5133
state correctional institution, the offender has less than	5134
fourteen days to serve on the sentence.	5135

Sec. 2967.141.  (A) As used in this section, "alternative	5136
residential facility" has the same meaning as in section 2929.01	5137
of the Revised Code.	5138

(B) The department of rehabilitation and correction, through	5139
its division of parole and community services, may operate or	5140
contract for the operation of one or more violation sanction	5141
centers as an alternative residential facility. A violation	5142
sanction center operated under authority of this division is not a	5143
prison within the meaning of division (BB) ofas defined in	5144
section 2929.01 of the Revised Code. A violation sanction center	5145
operated under authority of this division may be used for either	5146
of the following purposes:	5147

(1) Service of the term of a more restrictive post-release	5148
control sanction that the parole board, subsequent to a hearing,	5149
imposes pursuant to division (F)(2) of section 2967.28 of the	5150
Revised Code upon a releasee who has violated a post-release	5151
control sanction imposed upon the releasee under that section;	5152

(2) Service of a sanction that the adult parole authority or	5153
parole board imposes upon a parolee whom the authority determines	5154
to be a parole violator because of a violation of the terms and	5155
conditions of the parolee's parole or conditional pardon.	5156

(C) If a violation sanction center is established under the	5157
authority of this section, notwithstanding the fact that the	5158
center is an alternative residential facility for the purposes	5159
described in division (B) of this section, the center shall be	5160
used only for the purposes described in that division. A violation	5161
sanction center established under the authority of this section is	5162
not an alternative residential facility for the purpose of	5163
imposing sentence on an offender who is convicted of or pleads	5164
guilty to a felony, and a court that is sentencing an offender for	5165
a felony pursuant to sections 2929.11 to 2929.19 of the Revised	5166
Code shall not sentence the offender to a community residential	5167
sanction that requires the offender to serve a term in the center.	5168

(D) If a releasee is ordered to serve a sanction in a	5169
violation sanction center, as described in division (B)(1) of this	5170
section, all of the following apply:	5171

(1) The releasee shall not be considered to be under a new	5172
prison term for a violation of post-release control.	5173

(2) The time the releasee serves in the center shall not	5174
count toward, and shall not be considered in determining, the	5175
maximum cumulative prison term for all violations that is	5176
described in division (F)(3) of section 2967.28 of the Revised	5177
Code.	5178

(3) The time the releasee serves in the center shall count as	5179
part of, and shall be credited toward, the remaining period of	5180
post-release control that is applicable to the releasee.	5181

Sec. 2967.15.  (A) If an adult parole authority field officer	5182
has reasonable cause to believe that a person who is a parolee or	5183
releasee, who is under transitional control, or who is under	5184
another form of authorized release and who is under the	5185
supervision of the adult parole authority has violated or is	5186
violating the condition of a conditional pardon, parole, other	5187
form of authorized release, transitional control, or post-release	5188
control specified in division (A) of section 2967.131 of the	5189
Revised Code or any other term or condition of the person's	5190
conditional pardon, parole, other form of authorized release,	5191
transitional control, or post-release control, the field officer	5192
may arrest the person without a warrant or order a peace officer	5193
to arrest the person without a warrant. A person so arrested shall	5194
be confined in the jail of the county in which the person is	5195
arrested or in another facility designated by the chief of the	5196
adult parole authority until a determination is made regarding the	5197
person's release status. Upon making an arrest under this section,	5198
the arresting or supervising adult parole authority field officer	5199
promptly shall notify the superintendent of parole supervision or	5200
the superintendent's designee, in writing, that the person has	5201
been arrested and is in custody and submit an appropriate report	5202
of the reason for the arrest.	5203

(B) Except as otherwise provided in this division, prior to	5204
the revocation by the adult parole authority of a person's pardon,	5205
parole, transitional control, or other release and prior to the	5206
imposition by the parole board or adult parole authority of a new	5207
prison term as a post-release control sanction for a person, the	5208
adult parole authority shall grant the person a hearing in	5209
accordance with rules adopted by the department of rehabilitation	5210
and correction under Chapter 119. of the Revised Code. The adult	5211
parole authority is not required to grant the person a hearing if	5212
the person is convicted of or pleads guilty to an offense that the	5213
person committed while released on a pardon, on parole,	5214
transitional control, or another form of release, or on	5215
post-release control and upon which the revocation of the person's	5216
pardon, parole, transitional control, other release, or	5217
post-release control is based.	5218

If a person who has been pardoned is found to be a violator	5219
of the conditions of the parolee's conditional pardon or	5220
commutation of sentence, the authority forthwith shall transmit to	5221
the governor its recommendation concerning that violation, and the	5222
violator shall be retained in custody until the governor issues an	5223
order concerning that violation.	5224

If the authority fails to make a determination of the case of	5225
a parolee or releasee alleged to be a violator of the terms and	5226
conditions of the parolee's or releasee's conditional pardon,	5227
parole, other release, or post-release control sanctions within a	5228
reasonable time, the parolee or releasee shall be released from	5229
custody under the same terms and conditions of the parolee's or	5230
releasee's original conditional pardon, parole, other release, or	5231
post-release control sanctions.	5232

(C)(1) If a person who is a parolee or releasee, who is under	5233
transitional control, or who is under another form of authorized	5234
release under the supervision of the adult parole authority	5235
absconds from supervision, the supervising adult parole authority	5236
field officer shall report that fact to the superintendent of	5237
parole supervision, in writing, and the authority shall declare	5238
that person to be a violator at large. Upon being advised of the	5239
apprehension and availability for return of a violator at large,	5240
the superintendent of parole supervision shall determine whether	5241
the violator at large should be restored to parole, transitional	5242
control, another form of authorized release, or post-release	5243
control.	5244

The time between the date on which a person who is a parolee	5245
or other releasee is declared to be a violator or violator at	5246
large and the date on which that person is returned to custody in	5247
this state under the immediate control of the adult parole	5248
authority shall not be counted as time served under the sentence	5249
imposed on that person or as a part of the term of post-release	5250
control.	5251

(2) A person who is under transitional control or who is	5252
under any form of authorized release under the supervision of the	5253
adult parole authority is considered to be in custody while under	5254
the transitional control or on release, and, if the person	5255
absconds from supervision, the person may be prosecuted for the	5256
offense of escape.	5257

(D) A person who is a parolee or releasee, who is under	5258
transitional control, or who is under another form of authorized	5259
release under the supervision of the adult parole authority and	5260
who has violated a term or condition of the person's conditional	5261
pardon, parole, transitional control, other form of authorized	5262
release, or post-release control shall be declared to be a	5263
violator if the person is committed to a correctional institution	5264
outside the state to serve a sentence imposed upon the person by a	5265
federal court or a court of another state or if the person	5266
otherwise leaves the state.	5267

(E) As used in this section, "peace officer" has the same	5268
meaning as in section 2935.01 of the Revised Code.	5269

Sec. 2967.26.  (A)(1) The department of rehabilitation and	5270
correction, by rule, may establish a transitional control program	5271
for the purpose of closely monitoring a prisoner's adjustment to	5272
community supervision during the final one hundred eighty days of	5273
the prisoner's confinement. If the department establishes a	5274
transitional control program under this division, the adult parole	5275
authority may transfer eligible prisoners to transitional control	5276
status under the program during the final one hundred eighty days	5277
of their confinement and under the terms and conditions	5278
established by the department, shall provide for the confinement	5279
as provided in this division of each eligible prisoner so	5280
transferred, and shall supervise each eligible prisoner so	5281
transferred in one or more community control sanctions. Each	5282
eligible prisoner who is transferred to transitional control	5283
status under the program shall be confined in a suitable facility	5284
that is licensed pursuant to division (C) of section 2967.14 of	5285
the Revised Code, or shall be confined in a residence the	5286
department has approved for this purpose and be monitored pursuant	5287
to an electronic monitoring device, as defined in section 2929.01	5288
of the Revised Code. If the department establishes a transitional	5289
control program under this division, the rules establishing the	5290
program shall include criteria that define which prisoners are	5291
eligible for the program, criteria that must be satisfied to be	5292
approved as a residence that may be used for confinement under the	5293
program of a prisoner that is transferred to it and procedures for	5294
the department to approve residences that satisfy those criteria,	5295
and provisions of the type described in division (C) of this	5296
section. At a minimum, the criteria that define which prisoners	5297
are eligible for the program shall provide all of the following:	5298

(a) That a prisoner is eligible for the program if the	5299
prisoner is serving a prison term or term of imprisonment for an	5300
offense committed prior to March 17, 1998, and if, at the time at	5301
which eligibility is being determined, the prisoner would have	5302
been eligible for a furlough under this section as it existed	5303
immediately prior to March 17, 1998, or would have been eligible	5304
for conditional release under former section 2967.23 of the	5305
Revised Code as that section existed immediately prior to March	5306
17, 1998;	5307

(b) That no prisoner who is serving a mandatory prison term	5308
is eligible for the program until after expiration of the	5309
mandatory term;	5310

(c) That no prisoner who is serving a prison term or term of	5311
life imprisonment without parole imposed pursuant to section	5312
2971.03 of the Revised Code is eligible for the program.	5313

(2) At least three weeks prior to transferring to	5314
transitional control under this section a prisoner who is serving	5315
a term of imprisonment or prison term for an offense committed on	5316
or after July 1, 1996, the adult parole authority shall give	5317
notice of the pendency of the transfer to transitional control to	5318
the court of common pleas of the county in which the indictment	5319
against the prisoner was found and of the fact that the court may	5320
disapprove the transfer of the prisoner to transitional control	5321
and shall include a report prepared by the head of the state	5322
correctional institution in which the prisoner is confined. The	5323
head of the state correctional institution in which the prisoner	5324
is confined, upon the request of the adult parole authority, shall	5325
provide to the authority for inclusion in the notice sent to the	5326
court under this division a report on the prisoner's conduct in	5327
the institution and in any institution from which the prisoner may	5328
have been transferred. The report shall cover the prisoner's	5329
participation in school, vocational training, work, treatment, and	5330
other rehabilitative activities and any disciplinary action taken	5331
against the prisoner. If the court disapproves of the transfer of	5332
the prisoner to transitional control, the court shall notify the	5333
authority of the disapproval within thirty days after receipt of	5334
the notice. If the court timely disapproves the transfer of the	5335
prisoner to transitional control, the authority shall not proceed	5336
with the transfer. If the court does not timely disapprove the	5337
transfer of the prisoner to transitional control, the authority	5338
may transfer the prisoner to transitional control.	5339

(3) If the victim of an offense for which a prisoner was	5340
sentenced to a prison term or term of imprisonment has requested	5341
notification under section 2930.16 of the Revised Code and has	5342
provided the department of rehabilitation and correction with the	5343
victim's name and address, the adult parole authority, at least	5344
three weeks prior to transferring the prisoner to transitional	5345
control pursuant to this section, shall notify the victim of the	5346
pendency of the transfer and of the victim's right to submit a	5347
statement to the authority regarding the impact of the transfer of	5348
the prisoner to transitional control. If the victim subsequently	5349
submits a statement of that nature to the authority, the authority	5350
shall consider the statement in deciding whether to transfer the	5351
prisoner to transitional control.	5352

(4) The department of rehabilitation and correction, at least	5353
three weeks prior to a hearing to transfer thetransferring a	5354
prisoner to transitional control pursuant to this section, shall	5355
post on the database it maintains pursuant to section 5120.66 of	5356
the Revised Code the prisoner's name and all of the information	5357
specified in division (A)(1)(c)(iv) of that section. In addition	5358
to and independent of the right of a victim to submit a statement	5359
as described in division (A)(3) of this section or to otherwise	5360
make a statement and in addition to and independent of any other	5361
right or duty of a person to present information or make a	5362
statement, any person may send to the adult parole authority at	5363
any time prior to the authority's transfer of the prisoner to	5364
transitional control a written statement regarding the transfer of	5365
the prisoner to transitional control. In addition to the	5366
information, reports, and statements it considers under divisions	5367
(A)(2) and (3) of this section or that it otherwise considers, the	5368
authority shall consider each statement submitted in accordance	5369
with this division in deciding whether to transfer the prisoner to	5370
transitional control.	5371

(B) Each prisoner transferred to transitional control under	5372
this section shall be confined in the manner described in division	5373
(A) of this section during any period of time that the prisoner is	5374
not actually working at the prisoner's approved employment,	5375
engaged in a vocational training or another educational program,	5376
engaged in another program designated by the director, or engaged	5377
in other activities approved by the department.	5378

(C) The department of rehabilitation and correction shall	5379
adopt rules for transferring eligible prisoners to transitional	5380
control, supervising and confining prisoners so transferred,	5381
administering the transitional control program in accordance with	5382
this section, and using the moneys deposited into the transitional	5383
control fund established under division (E) of this section.	5384

(D) The department of rehabilitation and correction may adopt	5385
rules for the issuance of passes for the limited purposes	5386
described in this division to prisoners who are transferred to	5387
transitional control under this section. If the department adopts	5388
rules of that nature, the rules shall govern the granting of the	5389
passes and shall provide for the supervision of prisoners who are	5390
temporarily released pursuant to one of those passes. Upon the	5391
adoption of rules under this division, the department may issue	5392
passes to prisoners who are transferred to transitional control	5393
status under this section in accordance with the rules and the	5394
provisions of this division. All passes issued under this division	5395
shall be for a maximum of forty-eight hours and may be issued only	5396
for the following purposes:	5397

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

5398

(2) To have a private viewing of the body of a deceased	5399
relative;	5400

(3) To visit with family;

5401

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

5402

(E) The adult parole authority may require a prisoner who is	5403
transferred to transitional control to pay to the division of	5404
parole and community services the reasonable expenses incurred by	5405
the division in supervising or confining the prisoner while under	5406
transitional control. Inability to pay those reasonable expenses	5407
shall not be grounds for refusing to transfer an otherwise	5408
eligible prisoner to transitional control. Amounts received by the	5409
division of parole and community services under this division	5410
shall be deposited into the transitional control fund, which is	5411
hereby created in the state treasury and which hereby replaces and	5412
succeeds the furlough services fund that formerly existed in the	5413
state treasury. All moneys that remain in the furlough services	5414
fund on March 17, 1998, shall be transferred on that date to the	5415
transitional control fund. The transitional control fund shall be	5416
used solely to pay costs related to the operation of the	5417
transitional control program established under this section. The	5418
director of rehabilitation and correction shall adopt rules in	5419
accordance with section 111.15 of the Revised Code for the use of	5420
the fund.	5421

(F) A prisoner who violates any rule established by the	5422
department of rehabilitation and correction under division (A),	5423
(C), or (D) of this section may be transferred to a state	5424
correctional institution pursuant to rules adopted under division	5425
(A), (C), or (D) of this section, but the prisoner shall receive	5426
credit towards completing the prisoner's sentence for the time	5427
spent under transitional control.	5428

If a prisoner is transferred to transitional control under	5429
this section, upon successful completion of the period of	5430
transitional control, the prisoner may be released on parole or	5431
under post-release control pursuant to section 2967.13 or 2967.28	5432
of the Revised Code and rules adopted by the department of	5433
rehabilitation and correction. If the prisoner is released under	5434
post-release control, the duration of the post-release control,	5435
the type of post-release control sanctions that may be imposed,	5436
the enforcement of the sanctions, and the treatment of prisoners	5437
who violate any sanction applicable to the prisoner are governed	5438
by section 2967.28 of the Revised Code.	5439

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

5440

(1) "Monitored time" means the monitored time sanction	5441
specified in section 2929.17 of the Revised Code.	5442

(2) "Deadly weapon" and "dangerous ordnance" have the same	5443
meanings as in section 2923.11 of the Revised Code.	5444

(3) "Felony sex offense" means a violation of a section	5445
contained in Chapter 2907. of the Revised Code that is a felony.	5446

(B) Each sentence to a prison term for a felony of the first	5447
degree, for a felony of the second degree, for a felony sex	5448
offense, or for a felony of the third degree that is not a felony	5449
sex offense and in the commission of which the offender caused or	5450
threatened to cause physical harm to a person shall include a	5451
requirement that the offender be subject to a period of	5452
post-release control imposed by the parole board after the	5453
offender's release from imprisonment. If a court imposes a	5454
sentence including a prison term of a type described in this	5455
division on or after the effective date of this amendmentJuly 11,	5456
2006, the failure of a sentencing court to notify the offender	5457
pursuant to division (B)(3)(c) of section 2929.19 of the Revised	5458
Code of this requirement or to include in the judgment of	5459
conviction entered on the journal a statement that the offender's	5460
sentence includes this requirement does not negate, limit, or	5461
otherwise affect the mandatory period of supervision that is	5462
required for the offender under this division. Section 2929.191 of	5463
the Revised Code applies if, prior to the effective date of this	5464
amendmentJuly 11, 2006, a court imposed a sentence including a	5465
prison term of a type described in this division and failed to	5466
notify the offender pursuant to division (B)(3)(c) of section	5467
2929.19 of the Revised Code regarding post-release control or to	5468
include in the judgment of conviction entered on the journal or in	5469
the sentence pursuant to division (F)(1) of section 2929.14 of the	5470
Revised Code a statement regarding post-release control. Unless	5471
reduced by the parole board pursuant to division (D) of this	5472
section when authorized under that division, a period of	5473
post-release control required by this division for an offender	5474
shall be of one of the following periods:	5475

(1) For a felony of the first degree or for a felony sex	5476
offense, five years;	5477

(2) For a felony of the second degree that is not a felony	5478
sex offense, three years;	5479

(3) For a felony of the third degree that is not a felony sex	5480
offense and in the commission of which the offender caused or	5481
threatened physical harm to a person, three years.	5482

(C) Any sentence to a prison term for a felony of the third,	5483
fourth, or fifth degree that is not subject to division (B)(1) or	5484
(3) of this section shall include a requirement that the offender	5485
be subject to a period of post-release control of up to three	5486
years after the offender's release from imprisonment, if the	5487
parole board, in accordance with division (D) of this section,	5488
determines that a period of post-release control is necessary for	5489
that offender. Section 2929.191 of the Revised Code applies if,	5490
prior to the effective date of this amendmentJuly 11, 2006, a	5491
court imposed a sentence including a prison term of a type	5492
described in this division and failed to notify the offender	5493
pursuant to division (B)(3)(d) of section 2929.19 of the Revised	5494
Code regarding post-release control or to include in the judgment	5495
of conviction entered on the journal or in the sentence pursuant	5496
to division (F)(2) of section 2929.14 of the Revised Code a	5497
statement regarding post-release control. Pursuant to an agreement	5498
entered into under section 2967.29 of the Revised Code, a court of	5499
common pleas or parole board may impose sanctions or conditions on	5500
an offender who is placed on post-release control under this	5501
division.	5502

(D)(1) Before the prisoner is released from imprisonment, the	5503
parole board or, pursuant to an agreement under section 2967.29 of	5504
the Revised Code, the court shall impose upon a prisoner described	5505
in division (B) of this section, may impose upon a prisoner	5506
described in division (C) of this section, and shall impose upon a	5507
prisoner described in division (B)(2)(b) of section 5120.031 or in	5508
division (B)(1) of section 5120.032 of the Revised Code, one or	5509
more post-release control sanctions to apply during the prisoner's	5510
period of post-release control. Whenever the board or court	5511
imposes one or more post-release control sanctions upon a	5512
prisoner, the board or court, in addition to imposing the	5513
sanctions, also shall include as a condition of the post-release	5514
control that the individual or felonoffender not leave the state	5515
without permission of the court or the individual's or felon's	5516
offender's parole or probation officer and that the individual or	5517
felonoffender abide by the law. The board or court may impose any	5518
other conditions of release under a post-release control sanction	5519
that the board or court considers appropriate, and the conditions	5520
of release may include any community residential sanction,	5521
community nonresidential sanction, or financial sanction that the	5522
sentencing court was authorized to impose pursuant to sections	5523
2929.16, 2929.17, and 2929.18 of the Revised Code. Prior to the	5524
release of a prisoner for whom it will impose one or more	5525
post-release control sanctions under this division, the parole	5526
board or court shall review the prisoner's criminal history, all	5527
juvenile court adjudications finding the prisoner, while a	5528
juvenile, to be a delinquent child, and the record of the	5529
prisoner's conduct while imprisoned. The parole board or court	5530
shall consider any recommendation regarding post-release control	5531
sanctions for the prisoner made by the office of victims'	5532
services. After considering those materials, the board or court	5533
shall determine, for a prisoner described in division (B) of this	5534
section, division (B)(2)(b) of section 5120.031, or division	5535
(B)(1) of section 5120.032 of the Revised Code, which post-release	5536
control sanction or combination of post-release control sanctions	5537
is reasonable under the circumstances or, for a prisoner described	5538
in division (C) of this section, whether a post-release control	5539
sanction is necessary and, if so, which post-release control	5540
sanction or combination of post-release control sanctions is	5541
reasonable under the circumstances. In the case of a prisoner	5542
convicted of a felony of the fourth or fifth degree other than a	5543
felony sex offense, the board or court shall presume that	5544
monitored time is the appropriate post-release control sanction	5545
unless the board or court determines that a more restrictive	5546
sanction is warranted. A post-release control sanction imposed	5547
under this division takes effect upon the prisoner's release from	5548
imprisonment.	5549

Regardless of whether the prisoner was sentenced to the	5550
prison term prior to, on, or after the effective date of this	5551
amendmentJuly 11, 2006, prior to the release of a prisoner for	5552
whom it will impose one or more post-release control sanctions	5553
under this division, the parole board shall notify the prisoner	5554
that, if the prisoner violates any sanction so imposed or any	5555
condition of post-release control described in division (B) of	5556
section 2967.131 of the Revised Code that is imposed on the	5557
prisoner, the parole board may impose a prison term of up to	5558
one-half of the stated prison term originally imposed upon the	5559
prisoner.	5560

(2) At any time after a prisoner is released from	5561
imprisonment and during the period of post-release control	5562
applicable to the releasee, the adult parole authority or,	5563
pursuant to an agreement under section 2967.29 of the Revised	5564
Code, the court may review the releasee's behavior under the	5565
post-release control sanctions imposed upon the releasee under	5566
this section. The authority or court may determine, based upon the	5567
review and in accordance with the standards established under	5568
division (E) of this section, that a more restrictive or a less	5569
restrictive sanction is appropriate and may impose a different	5570
sanction. Unless the period of post-release control was imposed	5571
for an offense described in division (B)(1) of this section, the	5572
The authority also may recommend that the parole board or court	5573
increase or reduce the duration of the period of post-release	5574
control imposed by the court. If the authority recommends that the	5575
board or court increase the duration of post-release control, the	5576
board or court shall review the releasee's behavior and may	5577
increase the duration of the period of post-release control	5578
imposed by the court up to eight years. If the authority	5579
recommends that the board or court reduce the duration of control	5580
for an offense described in division (B)(2), (B)(3), or (C) of	5581
this section, the board or court shall review the releasee's	5582
behavior and may reduce the duration of the period of control	5583
imposed by the court. In no case shall the board or court reduce	5584
the duration of the period of control imposed by the court for an	5585
offense described in division (B)(1) of this section to a period	5586
less than the length of the stated prison term originally imposed,	5587
and in no case shall the board or court permit the releasee to	5588
leave the state without permission of the court or the releasee's	5589
parole or probation officer.	5590

(E) The department of rehabilitation and correction, in	5591
accordance with Chapter 119. of the Revised Code, shall adopt	5592
rules that do all of the following:	5593

(1) Establish standards for the imposition by the parole	5594
board of post-release control sanctions under this section that	5595
are consistent with the overriding purposes and sentencing	5596
principles set forth in section 2929.11 of the Revised Code and	5597
that are appropriate to the needs of releasees;	5598

(2) Establish standards by which the parole board can	5599
determine which prisoners described in division (C) of this	5600
section should be placed under a period of post-release control;	5601

(3) Establish standards to be used by the parole board in	5602
reducing the duration of the period of post-release control	5603
imposed by the court when authorized under division (D) of this	5604
section, in imposing a more restrictive post-release control	5605
sanction than monitored time upon a prisoner convicted of a felony	5606
of the fourth or fifth degree other than a felony sex offense, or	5607
in imposing a less restrictive control sanction upon a releasee	5608
based on the releasee's activities including, but not limited to,	5609
remaining free from criminal activity and from the abuse of	5610
alcohol or other drugs, successfully participating in approved	5611
rehabilitation programs, maintaining employment, and paying	5612
restitution to the victim or meeting the terms of other financial	5613
sanctions;	5614

(4) Establish standards to be used by the adult parole	5615
authority in modifying a releasee's post-release control sanctions	5616
pursuant to division (D)(2) of this section;	5617

(5) Establish standards to be used by the adult parole	5618
authority or parole board in imposing further sanctions under	5619
division (F) of this section on releasees who violate post-release	5620
control sanctions, including standards that do the following:	5621

(a) Classify violations according to the degree of	5622
seriousness;	5623

(b) Define the circumstances under which formal action by the	5624
parole board is warranted;	5625

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

5626

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

5627

(e) Prescribe nonresidential community control sanctions for	5628
most misdemeanor and technical violations;	5629

(f) Provide procedures for the return of a releasee to	5630
imprisonment for violations of post-release control.	5631

(F)(1) Whenever the parole board imposes one or more	5632
post-release control sanctions upon an offender under this	5633
section, the offender upon release from imprisonment shall be	5634
under the general jurisdiction of the adult parole authority and	5635
generally shall be supervised by the field services section	5636
through its staff of parole and field officers as described in	5637
section 5149.04 of the Revised Code, as if the offender had been	5638
placed on parole. If the offender upon release from imprisonment	5639
violates the post-release control sanction or any conditions	5640
described in division (A) of section 2967.131 of the Revised Code	5641
that are imposed on the offender, the public or private person or	5642
entity that operates or administers the sanction or the program or	5643
activity that comprises the sanction shall report the violation	5644
directly to the adult parole authority or to the officer of the	5645
authority who supervises the offender. The authority's officers	5646
may treat the offender as if the offender were on parole and in	5647
violation of the parole, and otherwise shall comply with this	5648
section.	5649

(2) If the adult parole authority or, pursuant to an	5650
agreement under section 2967.29 of the Revised Code, the court	5651
determines that a releasee has violated a post-release control	5652
sanction or any conditions described in division (A) of section	5653
2967.131 of the Revised Code imposed upon the releasee and that a	5654
more restrictive sanction is appropriate, the authority or court	5655
may impose a more restrictive sanction upon the releasee, in	5656
accordance with the standards established under division (E) of	5657
this section or in accordance with the agreement made under	5658
section 2967.29 of the Revised Code, or may report the violation	5659
to the parole board for a hearing pursuant to division (F)(3) of	5660
this section. The authority or court may not, pursuant to this	5661
division, increase the duration of the releasee's post-release	5662
control or impose as a post-release control sanction a	5663
residential sanction that includes a prison term, but the	5664
authority or court may impose on the releasee any other	5665
residential sanction, nonresidential sanction, or financial	5666
sanction that the sentencing court was authorized to impose	5667
pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised	5668
Code.	5669

(3) The parole board or, pursuant to an agreement under	5670
section 2967.29 of the Revised Code, the court may hold a hearing	5671
on any alleged violation by a releasee of a post-release control	5672
sanction or any conditions described in division (A) of section	5673
2967.131 of the Revised Code that are imposed upon the releasee.	5674
If after the hearing the board or court finds that the releasee	5675
violated the sanction or condition, the board or court may	5676
increase the duration of the releasee's post-release control up to	5677
the maximum duration authorized by division (B) or (C) of this	5678
section or impose a more restrictive post-release control	5679
sanction. When appropriate, the board or court may impose as a	5680
post-release control sanction a residential sanction that includes	5681
a prison term. The board or court shall consider a prison term as	5682
a post-release control sanction imposed for a violation of	5683
post-release control when the violation involves a deadly weapon	5684
or dangerous ordnance, physical harm or attempted serious physical	5685
harm to a person, or sexual misconduct, or when the releasee	5686
committed repeated violations of post-release control sanctions.	5687
TheUnless a releasee's stated prison term was reduced pursuant to	5688
section 5120.032 of the Revised Code, the period of a prison term	5689
that is imposed as a post-release control sanction under this	5690
division shall not exceed nine months, and the maximum cumulative	5691
prison term for all violations under this division shall not	5692
exceed one-half of the stated prison term originally imposed upon	5693
the offender as part of this sentence. If a releasee's stated	5694
prison term was reduced pursuant to section 5120.032 of the	5695
Revised Code, the period of a prison term that is imposed as a	5696
post-release control sanction under this division and the maximum	5697
cumulative prison term for all violations under this division	5698
shall not exceed the period of time not served in prison under the	5699
sentence imposed by the court. The period of a prison term that is	5700
imposed as a post-release control sanction under this division	5701
shall not count as, or be credited toward, the remaining period of	5702
post-release control.	5703

If an offender is imprisoned for a felony committed while	5704
under post-release control supervision and is again released on	5705
post-release control for a period of time determined by division	5706
(F)(4)(d) of this section, the maximum cumulative prison term for	5707
all violations under this division shall not exceed one-half of	5708
the total stated prison terms of the earlier felony, reduced by	5709
any prison term administratively imposed by the parole board or	5710
court, plus one-half of the total stated prison term of the new	5711
felony.	5712

(4) Any period of post-release control shall commence upon an	5713
offender's actual release from prison. If an offender is serving	5714
an indefinite prison term or a life sentence in addition to a	5715
stated prison term, the offender shall serve the period of	5716
post-release control in the following manner:	5717

(a) If a period of post-release control is imposed upon the	5718
offender and if the offender also is subject to a period of parole	5719
under a life sentence or an indefinite sentence, and if the period	5720
of post-release control ends prior to the period of parole, the	5721
offender shall be supervised on parole. The offender shall receive	5722
credit for post-release control supervision during the period of	5723
parole. The offender is not eligible for final release under	5724
section 2967.16 of the Revised Code until the post-release control	5725
period otherwise would have ended.	5726

(b) If a period of post-release control is imposed upon the	5727
offender and if the offender also is subject to a period of parole	5728
under an indefinite sentence, and if the period of parole ends	5729
prior to the period of post-release control, the offender shall be	5730
supervised on post-release control. The requirements of parole	5731
supervision shall be satisfied during the post-release control	5732
period.	5733

(c) If an offender is subject to more than one period of	5734
post-release control, the period of post-release control for all	5735
of the sentences shall be the period of post-release control that	5736
expires last, as determined by the parole board or court. Periods	5737
of post-release control shall be served concurrently and shall not	5738
be imposed consecutively to each other.	5739

(d) The period of post-release control for a releasee who	5740
commits a felony while under post-release control for an earlier	5741
felony shall be the longer of the period of post-release control	5742
specified for the new felony under division (B) or (C) of this	5743
section or the time remaining under the period of post-release	5744
control imposed for the earlier felony as determined by the parole	5745
board or court.	5746

Sec. 2967.29.  (A) A court of common pleas may cooperate with	5747
the department of rehabilitation and correction in the supervision	5748
of offenders who return to the court's territorial jurisdiction	5749
after serving a prison term. The court, after consultation with	5750
the board of county commissioners, may enter into an agreement	5751
with the department allowing the court and the parole board to	5752
make joint decisions relating to parole and post-release control	5753
to the extent permitted by section 2967.28 of the Revised Code.	5754

(B) An agreement made under this section shall include at	5755
least all of the following:	5756

(1) The categories of offenders with regard to which the	5757
court may participate in making decisions;	5758

(2) The process by which the offenders in each category will	5759
be identified;	5760

(3) The process by which the court and the parole board will	5761
monitor offenders and make recommendations regarding programming	5762
while the offenders are in prison;	5763

(4) The process by which the court will participate in	5764
setting appropriate sanctions and conditions on offenders who	5765
leave prison on post-release control or parole;	5766

(5) The process by which the court may participate in	5767
reducing the duration of the period of post-release control;	5768

(6) Guidelines for the supervision of offenders under	5769
post-release control or parole supervision;	5770

(7) Guidelines for sanctions for violations of parole or	5771
post-release control;	5772

(8) Provisions that take into account the perspective of	5773
affected victims.	5774

(C) A court that enters into an agreement under this section	5775
shall provide the department of rehabilitation and correction with	5776
a presentence investigation upon the offender's admission to	5777
prison. The department shall provide the court with a summary of	5778
an offender's progress while in prison prior to the release of the	5779
offender.	5780

Sec. 3317.16.  (A) As used in this section:

5781

(1) "State share percentage" means the percentage calculated	5782
for a joint vocational school district as follows:	5783

(a) Calculate the state base cost funding amount for the	5784
district under division (B) of this section. If the district would	5785
not receive any base cost funding for that year under that	5786
division, the district's state share percentage is zero.	5787

(b) If the district would receive base cost funding under	5788
that division, divide that base cost amount by an amount equal to	5789
the following:	5790

the formula amount X	5791

formula ADM	5792

The resultant number is the district's state share	5793
percentage.	5794

(2) The "total special education weight" for a joint	5795
vocational school district shall be calculated in the same manner	5796
as prescribed in division (B)(1) of section 3317.022 of the	5797
Revised Code.	5798

(3) The "total vocational education weight" for a joint	5799
vocational school district shall be calculated in the same manner	5800
as prescribed in division (B)(4) of section 3317.022 of the	5801
Revised Code.	5802

(4) The "total recognized valuation" of a joint vocational	5803
school district shall be determined by adding the recognized	5804
valuations of all its constituent school districts that were	5805
subject to the joint vocational school district's tax levies for	5806
the applicable fiscal yearboth the current and preceding tax	5807
years.	5808

(5) "Resident district" means the city, local, or exempted	5809
village school district in which a student is entitled to attend	5810
school under section 3313.64 or 3313.65 of the Revised Code.	5811

(6) "Community school" means a community school established	5812
under Chapter 3314. of the Revised Code.	5813

(B) The department of education shall compute and distribute	5814
state base cost funding to each joint vocational school district	5815
for the fiscal year in accordance with the following formula:	5816

(formula amount X	5817

formula ADM) -	5818

(.0005 X total recognized valuation)	5819

If the difference obtained under this division is a negative	5820
number, the district's computation shall be zero.	5821

(C)(1) The department shall compute and distribute state	5822
vocational education additional weighted costs funds to each joint	5823
vocational school district in accordance with the following	5824
formula:	5825

state share percentage X formula amount X	5826

total vocational education weight	5827

In each fiscal year, a joint vocational school district	5828
receiving funds under division (C)(1) of this section shall spend	5829
those funds only for the purposes the department designates as	5830
approved for vocational education expenses. Vocational educational	5831
expenses approved by the department shall include only expenses	5832
connected to the delivery of career-technical programming to	5833
career-technical students. The department shall require the joint	5834
vocational school district to report data annually so that the	5835
department may monitor the district's compliance with the	5836
requirements regarding the manner in which funding received under	5837
division (C)(1) of this section may be spent.	5838

(2) The department shall compute for each joint vocational	5839
school district state funds for vocational education associated	5840
services costs in accordance with the following formula:	5841

state share percentage X .05 X	5842

the formula amount X the sum of	5843

categories one and two vocational	5844

education ADM	5845

In any fiscal year, a joint vocational school district	5846
receiving funds under division (C)(2) of this section, or through	5847
a transfer of funds pursuant to division (L) of section 3317.023	5848
of the Revised Code, shall spend those funds only for the purposes	5849
that the department designates as approved for vocational	5850
education associated services expenses, which may include such	5851
purposes as apprenticeship coordinators, coordinators for other	5852
vocational education services, vocational evaluation, and other	5853
purposes designated by the department. The department may deny	5854
payment under division (C)(2) of this section to any district that	5855
the department determines is not operating those services or is	5856
using funds paid under division (C)(2) of this section, or through	5857
a transfer of funds pursuant to division (L) of section 3317.023	5858
of the Revised Code, for other purposes.	5859

(D)(1) The department shall compute and distribute state	5860
special education and related services additional weighted costs	5861
funds to each joint vocational school district in accordance with	5862
the following formula:	5863

state share percentage X formula amount X	5864

total special education weight	5865

(2)(a) As used in this division, the "personnel allowance"	5866
means thirty thousand dollars in fiscal years 2008 and 2009.	5867

(b) For the provision of speech language pathology services	5868
to students, including students who do not have individualized	5869
education programs prepared for them under Chapter 3323. of the	5870
Revised Code, and for no other purpose, the department shall pay	5871
each joint vocational school district an amount calculated under	5872
the following formula:	5873

(formula ADM divided by 2000) X the personnel	5874

allowance X state share percentage	5875

(3) In any fiscal year, a joint vocational school district	5876
shall spend for purposes that the department designates as	5877
approved for special education and related services expenses at	5878
least the amount calculated as follows:	5879

(formula amount	5880

X the sum of categories one through	5881

six special education ADM) +	5882

(total special education weight X	5883

formula amount)	5884

The purposes approved by the department for special education	5885
expenses shall include, but shall not be limited to, compliance	5886
with state rules governing the education of children with	5887
disabilities, providing services identified in a student's	5888
individualized education program as defined in section 3323.01 of	5889
the Revised Code, provision of speech language pathology services,	5890
and the portion of the district's overall administrative and	5891
overhead costs that are attributable to the district's special	5892
education student population.	5893

The department shall require joint vocational school	5894
districts to report data annually to allow for monitoring	5895
compliance with division (D)(3) of this section. The department	5896
shall annually report to the governor and the general assembly the	5897
amount of money spent by each joint vocational school district for	5898
special education and related services.	5899

(4) In any fiscal year, a joint vocational school district	5900
shall spend for the provision of speech language pathology	5901
services not less than the sum of the amount calculated under	5902
division (D)(1) of this section for the students in the district's	5903
category one special education ADM and the amount calculated under	5904
division (D)(2) of this section.	5905

(E)(1) If a joint vocational school district's costs for a	5906
fiscal year for a student in its categories two through six	5907
special education ADM exceed the threshold catastrophic cost for	5908
serving the student, as specified in division (C)(3)(b) of section	5909
3317.022 of the Revised Code, the district may submit to the	5910
superintendent of public instruction documentation, as prescribed	5911
by the superintendent, of all of its costs for that student. Upon	5912
submission of documentation for a student of the type and in the	5913
manner prescribed, the department shall pay to the district an	5914
amount equal to the sum of the following:	5915

(a) One-half of the district's costs for the student in	5916
excess of the threshold catastrophic cost;	5917

(b) The product of one-half of the district's costs for the	5918
student in excess of the threshold catastrophic cost multiplied by	5919
the district's state share percentage.	5920

(2) The district shall only report under division (E)(1) of	5921
this section, and the department shall only pay for, the costs of	5922
educational expenses and the related services provided to the	5923
student in accordance with the student's individualized education	5924
program. Any legal fees, court costs, or other costs associated	5925
with any cause of action relating to the student may not be	5926
included in the amount.	5927

(F) Each fiscal year, the department shall pay each joint	5928
vocational school district an amount for adult technical and	5929
vocational education and specialized consultants.	5930

(G)(1) A joint vocational school district's local share of	5931
special education and related services additional weighted costs	5932
equals:	5933

(1 - state share percentage) X	5934

Total special education weight X	5935

the formula amount	5936

(2) For each student with a disability receiving special	5937
education and related services under an individualized education	5938
program, as defined in section 3323.01 of the Revised Code, at a	5939
joint vocational district, the resident district or, if the	5940
student is enrolled in a community school, the community school	5941
shall be responsible for the amount of any costs of providing	5942
those special education and related services to that student that	5943
exceed the sum of the amount calculated for those services	5944
attributable to that student under divisions (B), (D), (E), and	5945
(G)(1) of this section.	5946

Those excess costs shall be calculated by subtracting the sum	5947
of the following from the actual cost to provide special education	5948
and related services to the student:	5949

(a) The formula amount;

5950

(b) The product of the formula amount times the applicable	5951
multiple specified in section 3317.013 of the Revised Code;	5952

(c) Any funds paid under division (E) of this section for the	5953
student;	5954

(d) Any other funds received by the joint vocational school	5955
district under this chapter to provide special education and	5956
related services to the student, not including the amount	5957
calculated under division (G)(2) of this section.	5958

(3) The board of education of the joint vocational school	5959
district may report the excess costs calculated under division	5960
(G)(2) of this section to the department of education.	5961

(4) If the board of education of the joint vocational school	5962
district reports excess costs under division (G)(3) of this	5963
section, the department shall pay the amount of excess cost	5964
calculated under division (G)(2) of this section to the joint	5965
vocational school district and shall deduct that amount as	5966
provided in division (G)(4)(a) or (b) of this section, as	5967
applicable:	5968

(a) If the student is not enrolled in a community school, the	5969
department shall deduct the amount from the account of the	5970
student's resident district pursuant to division (M) of section	5971
3317.023 of the Revised Code.	5972

(b) If the student is enrolled in a community school, the	5973
department shall deduct the amount from the account of the	5974
community school pursuant to section 3314.083 of the Revised	5975
Code.	5976

Sec. 4503.065.  (A) This section applies to any of the	5977
following:	5978

(1) An individual who is permanently and totally disabled;

5979

(2) An individual who is sixty-five years of age or older;

5980

(3) An individual who is the surviving spouse of a deceased	5981
person who was permanently and totally disabled or sixty-five	5982
years of age or older and who applied and qualified for a	5983
reduction in assessable value under this section in the year of	5984
death, provided the surviving spouse is at least fifty-nine but	5985
not sixty-five or more years of age on the date the deceased	5986
spouse dies.	5987

(B) The manufactured home tax on a manufactured or mobile	5988
home that is paid pursuant to division (C) of section 4503.06 of	5989
the Revised Code and that is owned and occupied as a home by an	5990
individual whose domicile is in this state and to whom this	5991
section applies, shall be reduced for any tax year for which the	5992
owner obtains a certificate of reduction from the county auditor	5993
under section 4503.067 of the Revised Codean application for such	5994
reduction has been approved, provided the individual did not	5995
acquire ownership from a person, other than the individual's	5996
spouse, related by consanguinity or affinity for the purpose of	5997
qualifying for the reduction. An owner includes a settlor of a	5998
revocable or irrevocable inter vivos trust holding the title to a	5999
manufactured or mobile home occupied by the settlor as of right	6000
under the trust.	6001

(1) For manufactured and mobile homes for which the tax	6002
imposed by section 4503.06 of the Revised Code is computed under	6003
division (D)(2) of that section, the reduction shall equal the	6004
greater of the reduction granted for the tax year preceding the	6005
first tax year to which this section applies pursuant to Section	6006
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if	6007
the taxpayer received a reduction for that preceding tax year,	6008
or the product of the following:	6009

(a) Twenty-five thousand dollars of the true value of the	6010
property in money;	6011

(b) The assessment percentage established by the tax	6012
commissioner under division (B) of section 5715.01 of the Revised	6013
Code, not to exceed thirty-five per cent;	6014

(c) The effective tax rate used to calculate the taxes	6015
charged against the property for the current year, where	6016
"effective tax rate" is defined as in section 323.08 of the	6017
Revised Code;	6018

(d) The quantity equal to one minus the sum of the percentage	6019
reductions in taxes received by the property for the current tax	6020
year under section 319.302 of the Revised Code and division (B) of	6021
section 323.152 of the Revised Code.	6022

(2) For manufactured and mobile homes for which the tax	6023
imposed by section 4503.06 of the Revised Code is computed under	6024
division (D)(1) of that section, the reduction shall equal the	6025
greater of the reduction granted for the tax year preceding the	6026
first tax year to which this section applies pursuant to Section	6027
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the	6028
taxpayer received a reduction for that preceding tax year, or the	6029
product of the following:	6030

(a) Twenty-five thousand dollars of the cost to the owner, or	6031
the market value at the time of purchase, whichever is greater, as	6032
those terms are used in division (D)(1) of section 4503.06 of the	6033
Revised Code;	6034

(b) The percentage from the appropriate schedule in division	6035
(D)(1)(b) of section 4503.06 of the Revised Code;	6036

(c) The assessment percentage of forty per cent used in	6037
division (D)(1)(b) of section 4503.06 of the Revised Code;	6038

(d) The tax rate of the taxing district in which the home has	6039
its situs.	6040

(C) If the owner or the spouse of the owner of a manufactured	6041
or mobile home is eligible for a homestead exemption on the land	6042
upon which the home is located, the reduction to which the owner	6043
or spouse is entitled under this section shall not exceed the	6044
difference between the reduction to which the owner or spouse is	6045
entitled under division (B) of this section and the amount of the	6046
reduction under the homestead exemption.	6047

(D) No reduction shall be made with respect to the home of	6048
any person convicted of violating division (C) or (D) of section	6049
4503.066 of the Revised Code for a period of three years	6050
following the conviction.	6051

Sec. 4503.066.  (A)(1) To obtain a tax reduction under	6052
section 4503.065 of the Revised Code, the owner of the home shall	6053
file an application with the county auditor of the county in which	6054
the home is located. An application for reduction in taxes based	6055
upon a physical disability shall be accompanied by a certificate	6056
signed by a physician, and an application for reduction in taxes	6057
based upon a mental disability shall be accompanied by a	6058
certificate signed by a physician or psychologist licensed to	6059
practice in this state. The certificate shall attest to the fact	6060
that the applicant is permanently and totally disabled, shall be	6061
in a form that the department of taxation requires, and shall	6062
include the definition of totally and permanently disabled as set	6063
forth in section 4503.064 of the Revised Code. An application for	6064
reduction in taxes based upon a disability certified as permanent	6065
and total by a state or federal agency having the function of so	6066
classifying persons shall be accompanied by a certificate from	6067
that agency.	6068

(2) Each application shall constitute a continuing	6069
application for a reduction in taxes for each year in which the	6070
manufactured or mobile home is occupied by the applicant.	6071
Failure to receive a new application or notification under	6072
division (B) of this section after a certificate of reduction has	6073
been issued under section 4503.067 of the Revised Codean	6074
application for reduction has been approved is prima-facie	6075
evidence that the original applicant is entitled to the reduction	6076
calculated on the basis of the information contained in the	6077
original application. The original application and any	6078
subsequent application shall be in the form of a signed	6079
statement and shall be filed not later than the first Monday in	6080
June. The statement shall be on a form, devised and supplied by	6081
the tax commissioner, that shall require no more information than	6082
is necessary to establish the applicant's eligibility for the	6083
reduction in taxes and the amount of the reduction to which the	6084
applicant is entitled. The form also shall contain a statement	6085
that conviction of willfully falsifying information to obtain a	6086
reduction in taxes or failing to comply with division (B) of this	6087
section shall result in the revocation of the right to the	6088
reduction for a period of three years.	6089

(3) A late application for a reduction in taxes for the year	6090
preceding the year for which an original application is filed may	6091
be filed with an original application. If the auditor determines	6092
that the information contained in the late application is correct,	6093
the auditor shall determine both the amount of the reduction in	6094
taxes to which the applicant would have been entitled for the	6095
current tax year had the application been timely filed and	6096
approved in the preceding year, and the amount the taxes levied	6097
under section 4503.06 of the Revised Code for the current year	6098
would have been reduced as a result of the reduction. When an	6099
applicant is permanently and totally disabled on the first day of	6100
January of the year in which the applicant files a late	6101
application, the auditor, in making the determination of the	6102
amounts of the reduction in taxes under division (A)(3) of this	6103
section, is not required to determine that the applicant was	6104
permanently and totally disabled on the first day of January of	6105
the preceding year.	6106

The amount of the reduction in taxes pursuant to a late	6107
application shall be treated as an overpayment of taxes by the	6108
applicant. The auditor shall credit the amount of the overpayment	6109
against the amount of the taxes or penalties then due from the	6110
applicant, and, at the next succeeding settlement, the amount of	6111
the credit shall be deducted from the amount of any taxes or	6112
penalties distributable to the county or any taxing unit in the	6113
county that has received the benefit of the taxes or penalties	6114
previously overpaid, in proportion to the benefits previously	6115
received. If, after the credit has been made, there remains a	6116
balance of the overpayment, or if there are no taxes or penalties	6117
due from the applicant, the auditor shall refund that balance to	6118
the applicant by a warrant drawn on the county treasurer in favor	6119
of the applicant. The treasurer shall pay the warrant from the	6120
general fund of the county. If there is insufficient money in the	6121
general fund to make the payment, the treasurer shall pay the	6122
warrant out of any undivided manufactured or mobile home taxes	6123
subsequently received by the treasurer for distribution to the	6124
county or taxing district in the county that received the benefit	6125
of the overpaid taxes, in proportion to the benefits previously	6126
received, and the amount paid from the undivided funds shall be	6127
deducted from the money otherwise distributable to the county or	6128
taxing district in the county at the next or any succeeding	6129
distribution. At the next or any succeeding distribution after	6130
making the refund, the treasurer shall reimburse the general fund	6131
for any payment made from that fund by deducting the amount of	6132
that payment from the money distributable to the county or other	6133
taxing unit in the county that has received the benefit of the	6134
taxes, in proportion to the benefits previously received. On the	6135
second Monday in September of each year, the county auditor shall	6136
certify the total amount of the reductions in taxes made in the	6137
current year under division (A)(3) of this section to the tax	6138
commissioner who shall treat that amount as a reduction in taxes	6139
for the current tax year and shall make reimbursement to the	6140
county of that amount in the manner prescribed in section 4503.068	6141
of the Revised Code, from moneys appropriated for that purpose.	6142

(B) If in any year afterfor which an application for	6143
reduction in taxes has been filed under division (A) of this	6144
sectionapproved the owner no longer qualifies for the reduction	6145
in taxes for which the owner was issued a certificate, the owner	6146
shall notify the county auditor that the owner is not qualified	6147
for a reduction in taxes.	6148

During January of each year, the county auditor shall furnish	6149
each person issued a certificate of reductionwhose application	6150
for reduction has been approved, by ordinary mail, a form on	6151
which to report any changes in ownership of the home, including	6152
changes in or revocation of a revocable inter vivos trust,	6153
changes in, occupancy, disability, and other changes in the	6154
information earlier furnished the auditor relative to the	6155
application.	6156

(C) No person shall knowingly make a false statement for the	6157
purpose of obtaining a reduction in taxes under section 4503.065	6158
of the Revised Code.	6159

(D) No person shall knowingly fail to notify the county	6160
auditor of any change required by division (B) of this section	6161
that has the effect of maintaining or securing a reduction in	6162
taxes under section 4503.065 of the Revised Code.	6163

(E) No person shall knowingly make a false statement or	6164
certification attesting to any person's physical or mental	6165
condition for purposes of qualifying such person for tax relief	6166
pursuant to sections 4503.064 to 4503.069 of the Revised Code.	6167

(F) Whoever violates division (C), (D), or (E) of this	6168
section is guilty of a misdemeanor of the fourth degree.	6169

Sec. 4503.067. (A) At the same time the tax bill for the	6170
first half of the tax year is issued, the county auditor shall	6171
issue a certificate of reduction in taxes for a manufactured or	6172
mobile home in triplicate for each person who has complied with	6173
section 4503.066 of the Revised Code and been found by the	6174
auditor to be entitled to a reduction in taxes for the succeeding	6175
tax year. The certificate shall set forth the amount of the	6176
reduction in taxes calculated under section 4503.065 of the	6177
Revised Code. Upon issuance of the certificate, the auditor shall	6178
reduce the manufactured home tax levied on the home for the	6179
succeeding tax year by the required amount and forward the	6180
original and one copy of the certificate to the county treasurer.	6181
The auditor shall retain one copy of the certificate. The	6182
treasurer shall retain the original certificate and forward the	6183
remaining copy to the recipient with the tax bill delivered	6184
pursuant to division (D)(6) of section 4503.06 of the Revised	6185
Code.	6186

(B) If the application or a continuing application is not	6187
approved, the auditor shall notify the applicant of the reasons	6188
for denial no later than the first Monday in October.The county	6189
auditor shall approve or deny an application for reduction under	6190
section 4503.065 of the Revised Code and shall so notify the	6191
applicant not later than the first Monday in October. Notification	6192
shall be provided on a form prescribed by the tax commissioner. If	6193
a person believes that the person's application for reduction in	6194
taxes has been improperly denied or is for less than that to	6195
which the person is entitled, the person may file an appeal with	6196
the county board of revision no later than the thirty-first day	6197
of January of the following calendar year. The appeal shall be	6198
treated in the same manner as a complaint relating to the	6199
valuation or assessment of real property under Chapter 5715. of	6200
the Revised Code.	6201

Sec. 4503.068.  On or before the second Monday in September	6202
of each year, the county treasurer shall total the amount by which	6203
the taxes levied in that year were reduced pursuant to section	6204
4503.0674503.065 of the Revised Code, and certify that amount to	6205
the tax commissioner. Within ninety days of the receipt of the	6206
certification, the commissioner shall certify that amount to the	6207
director of budget and management and the director shall make two	6208
payments from the general revenue fund in favor of the county	6209
treasurer. One shall be in the full amount by which taxes were	6210
reduced. The other shall be in an amount equal to two per cent of	6211
such amount and shall be a payment to the county auditor and	6212
county treasurer for the costs of administering sections 4503.064	6213
to 4503.069 of the Revised Code.	6214

Immediately upon receipt of the payment in the full amount by	6215
which taxes were reduced, the full amount of the payment shall be	6216
distributed among the taxing districts in the county as though it	6217
had been received as taxes under section 4503.06 of the Revised	6218
Code from each person for whom taxes were reduced under sections	6219
4503.064 to 4503.069section 4503.065 of the Revised Code.	6220

Sec. 4507.51.  (A)(1) Every application for an identification	6221
card or duplicate shall be made on a form furnished by the	6222
registrar of motor vehicles, shall be signed by the applicant, and	6223
by the applicant's parent or guardian if the applicant is under	6224
eighteen years of age, and shall contain the following information	6225
pertaining to the applicant: name, date of birth, sex, general	6226
description including the applicant's height, weight, hair color,	6227
and eye color, address, and social security number. The	6228
application also shall state whether an applicant wishes to	6229
certify willingness to make an anatomical gift under section	6230
2108.04 of the Revised Code and shall include information about	6231
the requirements of that section that apply to persons who are	6232
less than eighteen years of age. The statement regarding	6233
willingness to make such a donation shall be given no	6234
consideration in the decision of whether to issue an	6235
identification card. Each applicant shall be photographed in color	6236
at the time of making application.	6237

(2) The application also shall state whether the applicant	6238
has executed a valid durable power of attorney for health care	6239
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	6240
executed a declaration governing the use or continuation, or the	6241
withholding or withdrawal, of life-sustaining treatment pursuant	6242
to sections 2133.01 to 2133.15 of the Revised Code and, if the	6243
applicant has executed either type of instrument, whether the	6244
applicant wishes the identification card issued to indicate that	6245
the applicant has executed the instrument.	6246

(3) The registrar or deputy registrar, in accordance with	6247
section 3503.11 of the Revised Code, shall register as an elector	6248
any person who applies for an identification card or duplicate if	6249
the applicant is eligible and wishes to be registered as an	6250
elector. The decision of an applicant whether to register as an	6251
elector shall be given no consideration in the decision of whether	6252
to issue the applicant an identification card or duplicate.	6253

(B) The application for an identification card or duplicate	6254
shall be filed in the office of the registrar or deputy registrar.	6255
Each applicant shall present documentary evidence as required by	6256
the registrar of the applicant's age and identity, and the	6257
applicant shall swear that all information given is true. An	6258
identification card issued by the department of rehabilitation and	6259
correction under section 5120.59 of the Revised Code shall be	6260
sufficient documentary evidence under this division. Upon issuing	6261
an identification card under this section for a person who has	6262
been issued an identification card under section 5120.59 of the	6263
Revised Code, the registrar or deputy registrar shall destroy the	6264
identification card issued under section 5120.59 of the Revised	6265
Code.	6266

All applications for an identification card or duplicate	6267
shall be filed in duplicate, and if submitted to a deputy	6268
registrar, a copy shall be forwarded to the registrar. The	6269
registrar shall prescribe rules for the manner in which a deputy	6270
registrar is to file and maintain applications and other records.	6271
The registrar shall maintain a suitable, indexed record of all	6272
applications denied and cards issued or canceled.	6273

Sec. 4735.18.  (A) Subject to section 4735.32 of the Revised	6274
Code, the superintendent of real estate, upon the superintendent's	6275
own motion, may investigate the conduct of any licensee. Subject	6276
to section 4735.32 of the Revised Code, the Ohio real estate	6277
commission shall, pursuant to section 4735.051 of the Revised	6278
Code, impose disciplinary sanctions upon any licensee who, whether	6279
or not acting in the licensee's capacity as a real estate broker	6280
or salesperson, or in handling the licensee's own property, is	6281
found to have been convicted of a felony or a crime of moral	6282
turpitude, and shall, pursuant to section 4735.051 of the Revised	6283
Code, impose disciplinary sanctions upon any licensee who, in the	6284
licensee's capacity as a real estate broker or salesperson, or in	6285
handling the licensee's own property, is found guilty of:	6286

(1) Knowingly making any misrepresentation;

6287

(2) Making any false promises with intent to influence,	6288
persuade, or induce;	6289

(3) A continued course of misrepresentation or the making of	6290
false promises through agents, salespersons, advertising, or	6291
otherwise;	6292

(4) Acting for more than one party in a transaction except as	6293
permitted by and in compliance with section 4735.71 of the Revised	6294
Code;	6295

(5) Failure within a reasonable time to account for or to	6296
remit any money coming into the licensee's possession which	6297
belongs to others;	6298

(6) Dishonest or illegal dealing, gross negligence,	6299
incompetency, or misconduct;	6300

(7)(a) By final adjudication by a court, a violation of any	6301
municipal or federal civil rights law relevant to the protection	6302
of purchasers or sellers of real estate or, by final adjudication	6303
by a court, any unlawful discriminatory practice pertaining to the	6304
purchase or sale of real estate prohibited by Chapter 4112. of the	6305
Revised Code, provided that such violation arose out of a	6306
situation wherein parties were engaged in bona fide efforts to	6307
purchase, sell, or lease real estate, in the licensee's practice	6308
as a licensed real estate broker or salesperson;	6309

(b) A second or subsequent violation of any unlawful	6310
discriminatory practice pertaining to the purchase or sale of real	6311
estate prohibited by Chapter 4112. of the Revised Code or any	6312
second or subsequent violation of municipal or federal civil	6313
rights laws relevant to purchasing or selling real estate whether	6314
or not there has been a final adjudication by a court, provided	6315
that such violation arose out of a situation wherein parties were	6316
engaged in bona fide efforts to purchase, sell, or lease real	6317
estate. For any second offense under this division, the commission	6318
shall suspend for a minimum of two months or revoke the license of	6319
the broker or salesperson. For any subsequent offense, the	6320
commission shall revoke the license of the broker or salesperson.	6321

(8) Procuring a license under this chapter, for the licensee	6322
or any salesperson by fraud, misrepresentation, or deceit;	6323

(9) Having violated or failed to comply with any provision of	6324
sections 4735.51 to 4735.74 of the Revised Code or having	6325
willfully disregarded or violated any other provisions of this	6326
chapter;	6327

(10) As a real estate broker, having demanded, without	6328
reasonable cause, other than from a broker licensed under this	6329
chapter, a commission to which the licensee is not entitled, or,	6330
as a real estate salesperson, having demanded, without reasonable	6331
cause, a commission to which the licensee is not entitled;	6332

(11) Except as permitted under section 4735.20 of the Revised	6333
Code, having paid commissions or fees to, or divided commissions	6334
or fees with, anyone not licensed as a real estate broker or	6335
salesperson under this chapter or anyone not operating as an	6336
out-of-state commercial real estate broker or salesperson under	6337
section 4735.022 of the Revised Code;	6338

(12) Having falsely represented membership in any real estate	6339
professional association of which the licensee is not a member;	6340

(13) Having accepted, given, or charged any undisclosed	6341
commission, rebate, or direct profit on expenditures made for a	6342
principal;	6343

(14) Having offered anything of value other than the	6344
consideration recited in the sales contract as an inducement to a	6345
person to enter into a contract for the purchase or sale of real	6346
estate or having offered real estate or the improvements on real	6347
estate as a prize in a lottery or scheme of chance;	6348

(15) Having acted in the dual capacity of real estate broker	6349
and undisclosed principal, or real estate salesperson and	6350
undisclosed principal, in any transaction;	6351

(16) Having guaranteed, authorized, or permitted any person	6352
to guarantee future profits which may result from the resale of	6353
real property;	6354

(17) Having placed a sign on any property offering it for	6355
sale or for rent without the consent of the owner or the owner's	6356
authorized agent;	6357

(18) Having induced any party to a contract of sale or lease	6358
to break such contract for the purpose of substituting in lieu of	6359
it a new contract with another principal;	6360

(19) Having negotiated the sale, exchange, or lease of any	6361
real property directly with a seller, purchaser, lessor, or tenant	6362
knowing that such seller, purchaser, lessor, or tenant is	6363
represented by another broker under a written exclusive agency	6364
agreement, exclusive right to sell or lease listing agreement, or	6365
exclusive purchaser agency agreement with respect to such property	6366
except as provided for in section 4735.75 of the Revised Code;	6367

(20) Having offered real property for sale or for lease	6368
without the knowledge and consent of the owner or the owner's	6369
authorized agent, or on any terms other than those authorized by	6370
the owner or the owner's authorized agent;	6371

(21) Having published advertising, whether printed, radio,	6372
display, or of any other nature, which was misleading or	6373
inaccurate in any material particular, or in any way having	6374
misrepresented any properties, terms, values, policies, or	6375
services of the business conducted;	6376

(22) Having knowingly withheld from or inserted in any	6377
statement of account or invoice any statement that made it	6378
inaccurate in any material particular;	6379

(23) Having published or circulated unjustified or	6380
unwarranted threats of legal proceedings which tended to or had	6381
the effect of harassing competitors or intimidating their	6382
customers;	6383

(24) Having failed to keep complete and accurate records of	6384
all transactions for a period of three years from the date of the	6385
transaction, such records to include copies of listing forms,	6386
earnest money receipts, offers to purchase and acceptances of	6387
them, records of receipts and disbursements of all funds received	6388
by the licensee as broker and incident to the licensee's	6389
transactions as such, and records required pursuant to divisions	6390
(C)(4) and (5) of section 4735.20 of the Revised Code, and any	6391
other instruments or papers related to the performance of any of	6392
the acts set forth in the definition of a real estate broker;	6393

(25) Failure of a real estate broker or salesperson to	6394
furnish all parties involved in a real estate transaction true	6395
copies of all listings and other agreements to which they are a	6396
party, at the time each party signs them;	6397

(26) Failure to maintain at all times a special or trust bank	6398
account in a depository located in this state. The account shall	6399
be noninterest-bearing, separate and distinct from any personal or	6400
other account of the broker, and, except as provided in division	6401
(A)(27) of this section, shall be used for the deposit and	6402
maintenance of all escrow funds, security deposits, and other	6403
moneys received by the broker in a fiduciary capacity. The name,	6404
account number, if any, and location of the depository wherein	6405
such special or trust account is maintained shall be submitted in	6406
writing to the superintendent. Checks drawn on such special or	6407
trust bank accounts are deemed to meet the conditions imposed by	6408
section 1349.21 of the Revised Code. Funds deposited in the trust	6409
or special account in connection with a purchase agreement shall	6410
be maintained in accordance with section 4735.24 of the Revised	6411
Code.	6412

(27) Failure to maintain at all times a special or trust bank	6413
account in a depository in this state, to be used exclusively for	6414
the deposit and maintenance of all rents, security deposits,	6415
escrow funds, and other moneys received by the broker in a	6416
fiduciary capacity in the course of managing real property. This	6417
account shall be separate and distinct from any other account	6418
maintained by the broker. The name, account number, and location	6419
of the depository shall be submitted in writing to the	6420
superintendent. This account may earn interest, which shall be	6421
paid to the property owners on a pro rata basis.	6422

Division (A)(27) of this section does not apply to brokers	6423
who are not engaged in the management of real property on behalf	6424
of real property owners.	6425

(28) Having failed to put definite expiration dates in all	6426
written agency agreements to which the broker is a party;	6427

(29) Having an unsatisfied final judgment in any court of	6428
record against the licensee arising out of the licensee's conduct	6429
as a licensed broker or salesperson;	6430

(30) Failing to render promptly upon demand a full and	6431
complete statement of the expenditures by the broker or	6432
salesperson of funds advanced by or on behalf of a party to a real	6433
estate transaction to the broker or salesperson for the purpose of	6434
performing duties as a licensee under this chapter in conjunction	6435
with the real estate transaction;	6436

(31) Failure within a reasonable time, after the receipt of	6437
the commission by the broker, to render an accounting to and pay a	6438
real estate salesperson the salesperson's earned share of it;	6439

(32) Performing any service for another constituting the	6440
practice of law, as determined by any court of law;	6441

(33) Having been adjudicated incompetent for the purpose of	6442
holding the license by a court, as provided in section 5122.301 of	6443
the Revised Code. A license revoked or suspended under this	6444
division shall be reactivated upon proof to the commission of the	6445
removal of the disability.	6446

(34) Having authorized or permitted a person to act as an	6447
agent in the capacity of a real estate broker, or a real estate	6448
salesperson, who was not then licensed as a real estate broker or	6449
real estate salesperson under this chapter or who was not then	6450
operating as an out-of-state commercial real estate broker or	6451
salesperson under section 4735.022 of the Revised Code;	6452

(35) Having knowingly inserted or participated in inserting	6453
any materially inaccurate term in a document, including naming a	6454
false consideration;	6455

(36) Having failed to inform the licensee's client of the	6456
existence of an offer or counteroffer or having failed to present	6457
an offer or counteroffer in a timely manner, unless otherwise	6458
instructed by the client, provided the instruction of the client	6459
does not conflict with any state or federal law.	6460

(B) Whenever the commission, pursuant to section 4735.051 of	6461
the Revised Code, imposes disciplinary sanctions for any violation	6462
of this section, the commission also may impose such sanctions	6463
upon the broker with whom the salesperson is affiliated if the	6464
commission finds that the broker had knowledge of the	6465
salesperson's actions that violated this section.	6466

(C) The commission shall, pursuant to section 4735.051 of the	6467
Revised Code, impose disciplinary sanctions upon any foreign real	6468
estate dealer or salesperson who, in that capacity or in handling	6469
the dealer's or salesperson's own property, is found guilty of any	6470
of the acts or omissions specified or comprehended in division (A)	6471
of this section insofar as the acts or omissions pertain to	6472
foreign real estate. If the commission imposes such sanctions upon	6473
a foreign real estate salesperson for a violation of this section,	6474
the commission also may suspend or revoke the license of the	6475
foreign real estate dealer with whom the salesperson is affiliated	6476
if the commission finds that the dealer had knowledge of the	6477
salesperson's actions that violated this section.	6478

(D) The commission may suspend, in whole or in part, the	6479
imposition of the penalty of suspension of a license under this	6480
section.	6481

(E) The commission immediately shall notify the real estate	6482
appraiser board of any disciplinary action taken under this	6483
section against a licensee who also is a state-certified real	6484
estate appraiser under Chapter 4763. of the Revised Code.	6485

Sec. 4735.24. (A) Except as otherwise provided in this	6486
section, when earnest money connected to a real estate purchase	6487
agreement is deposited in a real estate broker's trust or special	6488
account, the broker shall maintain that money in the account in	6489
accordance with the terms of the purchase agreement until one of	6490
the following occurs:	6491

(1) The transaction closes and the broker disburses the	6492
earnest money to the closing or escrow agent or otherwise	6493
disburses the money pursuant to the terms of the purchase	6494
agreement.	6495

(2) The parties provide the broker with written instructions	6496
that both parties have signed that specify how the broker is to	6497
disburse the earnest money and the broker acts pursuant to those	6498
instructions.	6499

(3) The broker receives a copy of a final court order that	6500
specifies to whom the earnest money is to be awarded and the	6501
broker acts pursuant to the court order.	6502

(4) The earnest money becomes unclaimed funds as defined in	6503
division (M)(2) of section 169.02 of the Revised Code and, after	6504
providing the notice that division (D) of section 169.03 of the	6505
Revised Code requires, the broker has reported the unclaimed funds	6506
to the director of commerce pursuant to section 169.03 of the	6507
Revised Code and has remitted all of the earnest money to the	6508
director.	6509

(B) A purchase agreement may provide that in the event of a	6510
dispute regarding the disbursement of the earnest money, the	6511
broker will return the money to the purchaser without notice to	6512
the parties unless, within two years from the date the earnest	6513
money was deposited in the broker's trust or special account, the	6514
broker has received one of the following:	6515

(1) Written instructions signed by both parties specifying	6516
how the money is to be disbursed;	6517

(2) Written notice that a court action to resolve the dispute	6518
has been filed.	6519

(C)(1) If the parties dispute the disbursement of the earnest	6520
money and the purchase agreement contains the provision described	6521
in division (B) of this section, not later than the first day of	6522
September following the two year anniversary date of the deposit	6523
of the earnest money in the broker's account, the broker shall	6524
return the earnest money to the purchaser unless the parties	6525
provided the broker with written instructions or a notice of a	6526
court action as described in division (B) of this section.	6527

(2) If the broker cannot locate the purchaser at the time the	6528
disbursement is due, after providing the notice that division (D)	6529
of section 169.03 of the Revised Code requires, the broker shall	6530
report the earnest money as unclaimed funds to the director of	6531
commerce pursuant to section 169.03 of the Revised Code and remit	6532
all of the earnest money to the director.	6533

Sec. 4743.06.  Not later than one hundred eighty days after	6534
the effective date of this section, each board, commission, or	6535
agency that is created under or by virtue of Title XLVII of the	6536
Revised Code and that is authorized to deny licensure or	6537
certification without offering an opportunity for a hearing	6538
pursuant to Chapter 119. of the Revised Code to applicants who	6539
have been convicted of, pleaded guilty to, or had a judicial	6540
finding of guilt for any specified criminal offense regardless of	6541
the jurisdiction in which the offense was committed and that	6542
intends to add specified criminal offenses to the list of criminal	6543
offenses for which licensure or certification can be so denied on	6544
the effective date of this section shall promulgate rules	6545
pursuant to Chapter 119. of the Revised Code that list each of	6546
the additional criminal offenses for which licensure or	6547
certification can be so denied and state the basis for which each	6548
of those specified criminal offenses is substantially related to	6549
a person's fitness and ability to perform the duties and	6550
responsibilities of the occupation, profession, or trade.	6551

Sec. 5120.07.  (A) There is hereby created the ex-offender	6552
reentry coalition consisting of the following seventeen members or	6553
their designees:	6554

(1) The director of rehabilitation and correction;

6555

(2) The director of aging;

6556

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

6557

(4) The director of development;

6558

(5) The superintendent of public instruction;

6559

(6) The director of health;

6560

(7) The director of job and family services;

6561

(8) The director of mental health;

6562

(9) The director of mental retardation and developmental	6563
disabilities;	6564

(10) The director of public safety;

6565

(11) The director of youth services;

6566

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

6567

(13) The director of the governor's office of external	6568
affairs and economic opportunity;	6569

(14) The director of the governor's office of faith-based and	6570
community initiatives;	6571

(15) The director of the rehabilitation services commission;

6572

(16) The director of the department of commerce;

6573

(17) The executive director of a health care licensing board	6574
created under Title XLVII of the Revised Code, as appointed by the	6575
chairperson of the coalition.	6576

(B) The members of the coalition shall serve without	6577
compensation. The director of rehabilitation and correction or the	6578
director's designee shall be the chairperson of the coalition.	6579

(C) In consultation with persons interested and involved in	6580
the reentry of ex-offenders into the community, including but not	6581
limited to, service providers, community-based organizations, and	6582
local governments, the coalition shall identify and examine social	6583
service barriers and other obstacles to the reentry of	6584
ex-offenders into the community. Not later than one year after the	6585
effective date of this act and on or before the same date of each	6586
year thereafter, the coalition shall submit to the speaker of the	6587
house of representatives and the president of the senate a report,	6588
including recommendations for legislative action, the activities	6589
of the coalition, and the barriers affecting the successful	6590
reentry of ex-offenders into the community. The report shall	6591
analyze the effects of those barriers on ex-offenders and on	6592
their children and other family members in various areas,	6593
including but not limited to, the following:	6594

(1) Admission to public and other housing;

6595

(2) Child support obligations and procedures;

6596

(3) Parental incarceration and family reunification;

6597

(4) Social security benefits, veterans' benefits, food	6598
stamps, and other forms of public assistance;	6599

(5) Employment;

6600

(6) Education programs and financial assistance;

6601

(7) Substance abuse, mental health, and sex offender	6602
treatment programs and financial assistance;	6603

(8) Civic and political participation;

6604

(9) Other collateral consequences under the Revised Code or	6605
the Ohio administrative code law that may result from a criminal	6606
conviction.	6607

Sec. 5120.52.  The department of rehabilitation and	6608
correction may enter into a contract with any person or with a	6609
political subdivision in which a state correctional institution is	6610
located under which thean institution will provide water or	6611
sewage treatment services for the person or political subdivision	6612
if the institution has a water or sewage treatment facility with	6613
sufficient excess capacity to provide the services.	6614

Any such contract shall include all of the following:

6615

(A) Limitations on the quantity of sewage that the facility	6616
will accept or the quantity of potable water that the facility	6617
will provide that are compatible with the needs of the state	6618
correctional institution;	6619

(B) The bases for calculating reasonable rates to be charged	6620
the person or political subdivision for potable water or for	6621
sewage treatment services and for adjusting the rates;	6622

(C) All other provisions the department considers necessary	6623
or proper to protect the interests of the state in the facility	6624
and the purpose for which it was constructed.	6625

All amounts due the department under the contract shall be	6626
paid to the department by the person or political subdivision at	6627
the times specified in the contract. The department shall deposit	6628
all such amounts in the state treasury to the credit of the	6629
correctional institution water and sewage treatment facility	6630
services fund, which is hereby created. The fund shall be used by	6631
the department to pay costs associated with operating and	6632
maintaining the water or sewage treatment facility.	6633

Sec. 5120.59.  Before a prisoner is released from a state	6634
correctional institution, the department of rehabilitation and	6635
correction shall attempt to verify the prisoner's identification	6636
and social security number. If the department is not able to	6637
verify the prisoner's identification and social security number,	6638
if the prisoner has no other documentary evidence required by the	6639
registrar of motor vehicles for the issuance of an identification	6640
card under section 4507.50 of the Revised Code, and if the	6641
department determines that the prisoner is legally living in the	6642
United States, the department shall issue to the prisoner upon	6643
the prisoner's release an identification card that the prisoner	6644
may present to the registrar or a deputy registrar of motor	6645
vehicles to obtain an identification card under section 4507.50	6646
of the Revised Code. The director of rehabilitation and	6647
correction may adopt rules for the implementation of this	6648
section.	6649

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

6650

(1) "Random drug testing" means a procedure in which blood or	6651
urine specimens are collected from individuals chosen by	6652
automatic, random selection and without prearrangement or	6653
planning, for the purpose of scientifically analyzing the	6654
specimens to determine whether the individual ingested or was	6655
injected with a drug of abuse.	6656

(2) "State correctional institution" has the same meaning as	6657
in section 2967.01 of the Revised Code.	6658

(3) "Stated prison term" has the same meaning as in section	6659
2929.01 of the Revised Code.	6660

(B) The department of rehabilitation and correction shall	6661
establish and administer a statewide random drug testing program	6662
in which all persons who were convicted of or pleaded guilty to a	6663
felony offense and are serving a stated prison term in a state	6664
correctional institution shall submit to random drug testing. The	6665
department may enter into contracts with laboratories or entities	6666
in the state that are accredited by the national institute on drug	6667
abuse to perform blood or urine specimen collection,	6668
documentation, maintenance, transportation, preservation, storage,	6669
and analyses and other duties required under this section in the	6670
performance of random drug testing of prisoners in those	6671
correctional institutions. The terms of any contract entered into	6672
under this division shall include a requirement that the	6673
laboratory or entity and its employees, the superintendents,	6674
managing officers, and employees of state correctional	6675
institutions, all employees of the department, and all other	6676
persons comply with the standards for the performance of random	6677
drug testing as specified in the policies and procedures	6678
established by the department under division (D) of this section.	6679
If no laboratory or entity has entered into a contract as	6680
specified in this division, the department shall cause a prisoner	6681
to submit to random drug testing performed by a reputable public	6682
laboratory to determine whether the prisoner ingested or was	6683
injected with a drug of abuse.	6684

(C) A prisoner who is subjected to random drug testing under	6685
this section and whose test indicates that the prisoner ingested	6686
or was injected with a drug of abuse shall pay the fee for that	6687
positive test and other subsequent test fees as a sanction	6688
specified by the department of rehabilitation and correction	6689
pursuant to division (D)(6) of this section.	6690

(D) The department of rehabilitation and correction shall	6691
establish policies and procedures to implement the random drug	6692
testing program established under this section. The policies and	6693
procedures shall include, but are not limited to, provisions that	6694
do the following:	6695

(1) Establish standards for the performance of random drug	6696
testing that include, but are not limited to, standards governing	6697
the following:	6698

(a) The collection by the laboratory or entity described in	6699
division (B) of this section of blood or urine specimens of	6700
individuals in a scientifically or medically approved manner and	6701
under reasonable and sanitary conditions;	6702

(b) The collection and testing by the laboratory or entity	6703
described in division (B) of this section of blood or urine	6704
specimens with due regard for the privacy of the individual being	6705
tested and in a manner reasonably calculated to prevent	6706
substitutions or interference with the collection and testing of	6707
the specimens;	6708

(c) The documentation of blood or urine specimens collected	6709
by the laboratory or entity described in division (B) of this	6710
section and documentation procedures that reasonably preclude the	6711
possibility of erroneous identification of test results and that	6712
provide the individual being tested an opportunity to furnish	6713
information identifying any prescription or nonprescription drugs	6714
used by the individual in connection with a medical condition;	6715

(d) The collection, maintenance, storage, and transportation	6716
by the laboratory or entity described in division (B) of this	6717
section of blood or urine specimens in a manner that reasonably	6718
precludes the possibility of contamination or adulteration of the	6719
specimens;	6720

(e) The testing by the laboratory or entity described in	6721
division (B) of this section of blood or urine specimen of an	6722
individual to determine whether the individual ingested or was	6723
injected with a drug of abuse, in a manner that conforms to	6724
scientifically accepted analytical methods and procedures and that	6725
may include verification or confirmation of any positive test	6726
result by a reliable analytical method;	6727

(f) The analysis of an individual's blood or urine specimen	6728
by an employee of the laboratory or entity described in division	6729
(B) of this section who is qualified by education, training, and	6730
experience to perform that analysis and whose regular duties	6731
include the analysis of blood or urine specimens to determine the	6732
presence of a drug of abuse and whether the individual who is the	6733
subject of the test ingested or was injected with a drug of abuse.	6734

(2) Specify the frequency of performing random drug testing	6735
of prisoners in a state correctional institution;	6736

(3) Prescribe procedures for the automatic, random selection	6737
of prisoners in a state correctional institution to submit to	6738
random drug testing under this section;	6739

(4) Provide for reasonable safeguards for the transmittal	6740
from the laboratory or entity described in division (B) of this	6741
section to the department of the results of the random drug	6742
testing of prisoners in state correctional institutions pursuant	6743
to division (F) of this section;	6744

(5) Establish a reasonable fee to cover the costs associated	6745
with random drug testing and analyses performed by a laboratory or	6746
entity under this section and establish procedures for the	6747
collection of those fees from the prisoners subjected to the drug	6748
test;	6749

(6) Establish guidelines for imposing sanctions upon a	6750
prisoner whose test results indicate that the prisoner ingested or	6751
was injected with a drug of abuse.	6752

(E) The warden of each correctional institution, pursuant to	6753
the contract entered into under division (B) of this section or,	6754
if no contract was entered into under that division, pursuant to	6755
the policies and procedures established by the department of	6756
rehabilitation and correction under division (D) of this section,	6757
shall facilitate the collection, documentation, maintenance, and	6758
transportation by the laboratory or entity described in division	6759
(B) of this section, of the blood or urine specimens of the	6760
prisoners in the state correctional institution who are subject to	6761
random drug testing.	6762

(F) A laboratory or entity that performs random drug testing	6763
of prisoners and analyses of blood or urine specimens under this	6764
section shall transmit the results of each drug test to the	6765
department of rehabilitation and correction. The department shall	6766
file for record the results of the drug tests that indicate	6767
whether or not each prisoner in the state correctional institution	6768
who was subjected to the drug test ingested or was injected with a	6769
drug of abuse. The department shall send a copy of the results of	6770
the drug tests to the warden of the state correctional institution	6771
in which the prisoner who was subjected to the drug test is	6772
confined. The warden shall give appropriate notice of the drug	6773
test results to each prisoner who was subjected to the drug test	6774
and whose drug test results indicate that the prisoner ingested or	6775
was injected with a drug of abuse. In accordance with	6776
institutional disciplinary procedures, the warden shall afford	6777
that prisoner an opportunity to be heard regarding the results of	6778
the drug test and to present contrary evidence at a hearing held	6779
before the warden within thirty days after notification to the	6780
prisoner under this division. After the hearing, if a hearing is	6781
held, the warden shall make a determination regarding any evidence	6782
presented by the prisoner. If the warden rejects the evidence	6783
presented by the prisoner at the hearing or if no hearing is held	6784
under this division, the warden may subject the prisoner to	6785
sanctions that include payment of the fee for the test.	6786

(G) If a prisoner has been subjected to two or more drug	6787
tests pursuant to this section and if the results of two of those	6788
tests indicate that the prisoner ingested or was injected with a	6789
drug of abuse, the parole board may extend the stated prison term	6790
of the prisoner pursuant to the bad time provisions in section	6791
2967.11 of the Revised Code if by ingesting or being injected with	6792
the drug of abuse the prisoner committed a violation as defined in	6793
that section.	6794

(H) All fees for random drug tests collected from prisoners	6795
under this section or collected by the adult parole authority	6796
under section 2929.15, 2951.05, or 2967.131 of the Revised Code	6797
shall be forwarded to the treasurer of state for deposit in the	6798
offender financial responsibility fund created in division (I) of	6799
section 5120.56 of the Revised Code.	6800

Sec. 5120.66.  (A) Within ninety days after November 23,	6801
2005, but not before January 1, 2006, the department of	6802
rehabilitation and correction shall establish and operate on the	6803
internet a database that contains all of the following:	6804

(1) For each inmate in the custody of the department under a	6805
sentence imposed for a conviction of or plea of guilty to any	6806
offense, all of the following information:	6807

(a) The inmate's name;

6808

(b) For each offense for which the inmate was sentenced to a	6809
prison term or term of imprisonment and is in the department's	6810
custody, the name of the offense, the Revised Code section of	6811
which the offense is a violation, the gender of each victim of the	6812
offense if those facts are known, whether each victim of the	6813
offense was an adult or child if those facts are known, the range	6814
of the possible prison terms or term of imprisonment that could	6815
have been imposed for the offense, the actual prison term or term	6816
of imprisonment imposed for the offense, the county in which the	6817
offense was committed, the date on which the inmate began serving	6818
the prison term or term of imprisonment imposed for the offense,	6819
and either the date on which the inmate will be eligible for	6820
parole relative to the offense if the prison term or term of	6821
imprisonment is an indefinite term or life term or the date on	6822
which the term ends if the prison term is a definite term;	6823

(c) All of the following information that is applicable	6824
regarding the inmate:	6825

(i) If known to the department prior to the conduct of any	6826
hearing for judicial release of the defendant pursuant to section	6827
2929.20 of the Revised Code in relation to any prison term or term	6828
of imprisonment the inmate is serving for any offense, notice of	6829
the fact that the inmate will be having a hearing regarding a	6830
possible grant of judicial release, the date of the hearing, and	6831
the right of any person pursuant to division (J) of that section	6832
to submit to the court a written statement regarding the possible	6833
judicial release;	6834

(ii) If the inmate is serving a prison term pursuant to	6835
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	6836
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	6837
Code, prior to the conduct of any hearing pursuant to section	6838
2971.05 of the Revised Code to determine whether to modify the	6839
requirement that the inmate serve the entire prison term in a	6840
state correctional facility in accordance with division (C) of	6841
that section, whether to continue, revise, or revoke any existing	6842
modification of that requirement, or whether to terminate the	6843
prison term in accordance with division (D) of that section,	6844
notice of the fact that the inmate will be having a hearing	6845
regarding those determinations and of the date of the hearing;	6846

(iii) At least three weeks before the adult parole authority	6847
recommends a pardon or commutation of sentence for the inmate or	6848
at least three weeks prior to a hearing before the adult parole	6849
authority regarding a grant of parole to the inmate in relation to	6850
any prison term or term of imprisonment the inmate is serving for	6851
any offense, notice of the fact that the inmate might be under	6852
consideration for a pardon or commutation of sentence or will be	6853
having a hearing regarding a possible grant of parole, of the date	6854
of any hearing regarding a possible grant of parole, and of the	6855
right of any person to submit a written statement regarding the	6856
pending action;	6857

(iv) At least three weeks before the inmate has a hearing	6858
regarding a transferis transferred to transitional control under	6859
section 2967.26 of the Revised Code in relation to any prison	6860
term or term of imprisonment the inmate is serving for any	6861
offense, notice of the pendency of the transfer, of the date of	6862
the possible transfer, and of the right of any person to submit a	6863
statement regarding the possible transfer;	6864

(v) Prompt notice of the inmate's escape from any facility in	6865
which the inmate was incarcerated and of the capture of the inmate	6866
after an escape;	6867

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

6868

(vii) Prior to the release of the inmate from confinement,	6869
notice of the fact that the inmate will be released, of the date	6870
of the release, and, if applicable, of the standard terms and	6871
conditions of the release;	6872

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

6873

(2) Information as to where a person can send written	6874
statements of the types referred to in divisions (A)(1)(c)(i),	6875
(iii), and (iv) of this section.	6876

(B)(1) The department shall update the database required	6877
under division (A) of this section every twenty-four hours to	6878
ensure that the information it contains is accurate and current.	6879

(2) The database required under division (A) of this section	6880
is a public record open for inspection under section 149.43 of the	6881
Revised Code. The department shall make the database searchable by	6882
inmate name and by the county and zip code where the offender	6883
intends to reside after release from a state correctional	6884
institution if this information is known to the department.	6885

(3) The database required under division (A) of this section	6886
may contain information regarding inmates who are listed in the	6887
database in addition to the information described in that	6888
division.	6889

(4) No information included on the database required under	6890
division (A) of this section shall identify or enable the	6891
identification of any victim of any offense committed by an	6892
inmate.	6893

(C) The failure of the department to comply with the	6894
requirements of division (A) or (B) of this section does not give	6895
any rights or any grounds for appeal or post-conviction relief to	6896
any inmate.	6897

(D) This section, and the related provisions of sections	6898
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	6899
in the act in which this section was enacted, shall be known as	6900
"Laura's Law."	6901

Sec. 5120.70.  (A) There is hereby created in the state	6902
treasury the federal equitable sharing fund. The director of	6903
rehabilitation and correction shall deposit in the fund all money	6904
received by the department from the federal government as	6905
equitable sharing payments under 28 U.S.C. 524. The director	6906
shall establish rules pursuant to Chapter 119. of the Revised	6907
Code for the operation of the fund.	6908

(B)(1) The department of rehabilitation and correction shall	6909
use federally forfeited property and the proceeds of federally	6910
forfeited property only for law enforcement purposes. The	6911
department shall implement auditing procedures that will trace	6912
assets and interest to the equitable sharing fund.	6913

(2) Within sixty days of the close of the fiscal year, the	6914
department shall submit to the chairpersons of the committees of	6915
the senate and the house of representatives that consider criminal	6916
justice legislation all of the following information:	6917

(a) The annual certification report submitted to the United	6918
States department of justice and the United States department of	6919
treasury;	6920

(b) A report identifying all DAG-71 forms submitted to the	6921
federal government and a consecutive numbering log of the copies	6922
including identifiers for the type of asset, the amount, the share	6923
requested, the amount received, and the date received.	6924

(3) The department shall provide the committees with any	6925
documentation related to the reports that members of the	6926
committees request. The report may be submitted in a tangible	6927
format, an electronic format, or both.	6928

Sec. 5139.02.  (A)(1) As used in this section, "managing	6929
officer" means the assistant director, a deputy director, an	6930
assistant deputy director, a superintendent, a regional	6931
administrator, a deputy superintendent, or the superintendent of	6932
schools of the department of youth services, a member of the	6933
release authority, the chief of staff to the release authority,	6934
and the victims administrator of the office of victim services.	6935

(2) Each division established by the director of youth	6936
services shall consist of managing officers and other employees,	6937
including those employed in institutions and regions as necessary	6938
to perform the functions assigned to them. The director,	6939
assistant director, or appropriate deputy director or managing	6940
officer of the department shall supervise the work of each	6941
division and determine general policies governing the exercise of	6942
powers vested in the department and assigned to each division. The	6943
appropriate managing officer or deputy director is responsible to	6944
the director or assistant director for the organization,	6945
direction, and supervision of the work of the division or unit and	6946
for the exercise of the powers and the performance of the duties	6947
of the department assigned to it and, with the director's	6948
approval, may establish bureaus or other administrative units	6949
within the department.	6950

(B) The director shall appoint all managing officers, who	6951
shall be in the unclassified civil service. The director may	6952
appoint a person who holds a certified position in the classified	6953
service within the department to a position as a managing officer	6954
within the department. A person appointed pursuant to this	6955
division to a position as a managing officer shall retain the	6956
right to resume the position and status held by the person in the	6957
classified service immediately prior to the person's appointment	6958
as managing officer, regardless of the number of positions the	6959
person held in the unclassified service. A managing officer's	6960
right to resume a position in the classified service may only be	6961
exercised when the director demotes the managing officer to a pay	6962
range lower than the managing officer's current pay range or	6963
revokes the managing officer's appointment to the position of	6964
managing officer. A managing officer forfeits the right to resume	6965
a position in the classified service when the managing officer is	6966
removed from the position of managing officer due to incompetence,	6967
inefficiency, dishonesty, drunkenness, immoral conduct,	6968
insubordination, discourteous treatment of the public, neglect of	6969
duty, violation of this chapter or Chapter 124. of the Revised	6970
Code, the rules of the director of youth services or the director	6971
of administrative services, any other failure of good behavior,	6972
any other acts of misfeasance, malfeasance, or nonfeasance in	6973
office, or conviction of a felony. A managing officer also	6974
forfeits the right to resume a position in the classified service	6975
upon transfer to a different agency.	6976

Reinstatement to a position in the classified service shall	6977
be to the position held in the classified service immediately	6978
prior to appointment as managing officer, or to another position	6979
certified by the director of administrative services as being	6980
substantially equal to that position. If the position the person	6981
previously held in the classified service immediately prior to	6982
appointment as a managing officer has been placed in the	6983
unclassified service or is otherwise unavailable, the person shall	6984
be appointed to a position in the classified service within the	6985
department that the director of administrative services certifies	6986
is comparable in compensation to the position the person	6987
previously held in the classified service. Service as a managing	6988
officer shall be counted as service in the position in the	6989
classified service held by the person immediately prior to the	6990
person's appointment as a managing officer. If a person is	6991
reinstated to a position in the classified service under this	6992
division, the person shall be returned to the pay range and step	6993
to which the person had been assigned at the time of the	6994
appointment as managing officer. Longevity, where applicable,	6995
shall be calculated pursuant to the provisions of section 124.181	6996
of the Revised Code.	6997

(C) Each person appointed as a managing officer shall have	6998
received special training and shall have experience in the type of	6999
work that the person's division is required to perform. Each	7000
managing officer, under the supervision of the director, has	7001
entire charge of the division, institution, unit, or region for	7002
which the managing officer is appointed and, with the director's	7003
approval, shall appoint necessary employees and may remove them	7004
for cause.	7005

(D) The director may designate one or more deputy directors	7006
to sign any personnel actions on the director's behalf. The	7007
director shall make a designation in a writing signed by the	7008
director, and the designation shall remain in effect until the	7009
director revokes or supersedes it with a new designation.	7010

Sec. 5139.18.  (A) Except with respect to children who are	7011
granted a judicial release to court supervision pursuant to	7012
division (B) of section 2152.22 of the Revised Code, the	7013
department of youth services is responsible for locating homes or	7014
jobs for children released from its institutions, for supervision	7015
of children released from its institutions, and for providing or	7016
arranging for the provision to those children of appropriate	7017
services that are required to facilitate their satisfactory	7018
community adjustment. Regional administrators through their staff	7019
of parole officers shall supervise children paroled or released to	7020
community supervision in a manner that insures as nearly as	7021
possible the children's rehabilitation and that provides maximum	7022
protection to the general public.	7023

(B) The department of youth services shall exercise general	7024
supervision over all children who have been released on placement	7025
from any of its institutions other than children who are granted a	7026
judicial release to court supervision pursuant to division (B) of	7027
section 2152.22 of the Revised Code. The director of youth	7028
services, with the consent and approval of the board of county	7029
commissioners of any county, may contract with the public children	7030
services agency of that county, the department of probation of	7031
that county established pursuant to section 2301.27 of the Revised	7032
Code, or the probation department or service established pursuant	7033
to sections 2151.01 to 2151.54 of the Revised Code for the	7034
provision of direct supervision and control over and the provision	7035
of supportive assistance to all children who have been released on	7036
placement into that county from any of its institutions, or, with	7037
the consent of the juvenile judge or the administrative judge of	7038
the juvenile court of any county, contract with any other public	7039
agency, institution, or organization that is qualified to provide	7040
the care and supervision that is required under the terms and	7041
conditions of the child's treatment plan for the provision of	7042
direct supervision and control over and the provision of	7043
supportive assistance to all children who have been released on	7044
placement into that county from any of its institutions.	7045

(C) A juvenile parole officer shall furnish to a child placed	7046
on community control under the parole officer's supervision a	7047
statement of the conditions of parole and shall instruct the child	7048
regarding them. The parole officer shall keep informed concerning	7049
the conduct and condition of a child under the parole officer's	7050
supervision and shall report on the child's conduct to the judge	7051
as the judge directs. A parole officer shall use all suitable	7052
methods to aid a child on community control and to improve the	7053
child's conduct and condition. A parole officer shall keep full	7054
and accurate records of work done for children under the parole	7055
officer's supervision.	7056

(D) In accordance with division (D) of section 2151.14 of the	7057
Revised Code, a court may issue an order requiring boards of	7058
education, governing bodies of chartered nonpublic schools, public	7059
children services agencies, private child placing agencies,	7060
probation departments, law enforcement agencies, and prosecuting	7061
attorneys that have records related to the child in question to	7062
provide copies of one or more specified records, or specified	7063
information in one or more specified records, that the individual	7064
or entity has with respect to the child to the department of youth	7065
services when the department has custody of the child or is	7066
performing any services for the child that are required by the	7067
juvenile court or by statute, and the department requests the	7068
records in accordance with division (D)(3)(a) of section 2151.14	7069
of the Revised Code.	7070

(E) Whenever any placement official has reasonable cause to	7071
believe that any child released by a court pursuant to section	7072
2152.22 of the Revised Code has violated the conditions of the	7073
child's placement, the official may request, in writing, from the	7074
committing court or transferee court a custodial order, and, upon	7075
reasonable and probable cause, the court may order any sheriff,	7076
deputy sheriff, constable, or police officer to apprehend the	7077
child. A child so apprehended may be confined in the detention	7078
facility of the county in which the child is apprehended until	7079
further order of the court. If a child who was released on	7080
supervised release by the release authority of the department of	7081
youth services or a child who was granted a judicial release to	7082
department of youth services supervision violates the conditions	7083
of the supervised release or judicial release, section 5139.52 of	7084
the Revised Code applies with respect to that child.	7085

Sec. 5139.281.  The department of youth services shall adopt	7086
rules prescribing the manner of application for financial	7087
assistance under this section for the operation and maintenance of	7088
a detention facility provided, or district detention facility	7089
established, under section 2151.41 of the Revised Code and	7090
prescribing minimum standards of operation, including criteria for	7091
programs of education, training, counseling, recreation, health,	7092
and safety, and qualifications of personnel with which a facility	7093
shall comply as a condition of eligibility for assistance under	7094
this section. If the board of county commissioners providing a	7095
detention facility or the board of trustees of a district	7096
detention facility applies to the department for assistance and if	7097
the department finds that the application is in accordance with	7098
the rules adopted under this section and that the facility meets	7099
the minimum standards adopted under this section, the department	7100
may grant assistance to the applicant board for the operation and	7101
maintenance of each facility in an amount not to exceed fifty per	7102
cent of the approved annual operating cost. The board shall make a	7103
separate application for each year for which assistance is	7104
requested.	7105

The department shall adopt any necessary rules for the care,	7106
treatment, and training in a district detention facility of	7107
children found to be delinquent children and committed to the	7108
facility by the juvenile court under section 2151.19 of the	7109
Revised Code and may approve for this purpose any facility that is	7110
found to be in compliance with the rules it adopts.	7111

The department shall providefund, at least once every six	7112
months, in-service training programs approved by the department	7113
for staff members of detention facilities or district detention	7114
facilities and shall pay all travel and other necessary expenses	7115
incurred by participating staff members.	7116

Sec. 5139.31.  The department of youth services may inspect	7117
any school, forestry camp, district detention facility, or other	7118
facility for which an application for financial assistance has	7119
been made to the department under section 2152.43 or 2151.651 of	7120
the Revised Code or for which financial assistance has been	7121
granted by the department under section 5139.27, 5139.271, or	7122
5139.281 of the Revised Code. The inspection may include, but need	7123
not be limited to, examination and evaluation of the physical	7124
condition of the school, forestry camp, district detention	7125
facility, or other facility, including any equipment used in	7126
connection with it; observation and evaluation of the training	7127
programming and treatment of children admitted to it; examination	7128
and analysis and copying of any papers, records, or other	7129
documents relating to the qualifications of personnel, the	7130
commitment of children to it, and its administration.	7131

Sec. 5139.36.  (A) In accordance with this section and the	7132
rules adopted under it and from funds appropriated to the	7133
department of youth services for the purposes of this section, the	7134
department shall make grants that provide financial resources to	7135
operate community corrections facilities for felony delinquents.	7136

(B)(1) Each community corrections facility that intends to	7137
seek a grant under this section shall file an application with the	7138
department of youth services at the time and in accordance with	7139
the procedures that the department shall establish by rules	7140
adopted in accordance with Chapter 119. of the Revised Code. In	7141
addition to other items required to be included in the	7142
application, a plan that satisfies both of the following shall be	7143
included:	7144

(a) It reduces the number of felony delinquents committed to	7145
the department from the county or counties associated with the	7146
community corrections facility.	7147

(b) It ensures equal access for minority felony delinquents	7148
to the programs and services for which a potential grant would be	7149
used.	7150

(2) The department of youth services shall review each	7151
application submitted pursuant to division (B)(1) of this section	7152
to determine whether the plan described in that division, the	7153
community corrections facility, and the application comply with	7154
this section and the rules adopted under it.	7155

(C) To be eligible for a grant under this section and for	7156
continued receipt of moneys comprising a grant under this section,	7157
a community corrections facility shall satisfy at least all of the	7158
following requirements:	7159

(1) Be constructed, reconstructed, improved, or financed by	7160
the Ohio building authority pursuant to section 307.021 of the	7161
Revised Code and Chapter 152. of the Revised Code for the use of	7162
the department of youth services and be designated as a community	7163
corrections facility;	7164

(2) Have written standardized criteria governing the types of	7165
felony delinquents that are eligible for the programs and services	7166
provided by the facility;	7167

(3) Have a written standardized intake screening process and	7168
an intake committee that at least performs both of the following	7169
tasks:	7170

(a) Screens all eligible felony delinquents who are being	7171
considered for admission to the facility in lieu of commitment to	7172
the department;	7173

(b) Notifies, within ten days after the date of the referral	7174
of a felony delinquent to the facility, the committing court	7175
whether the felony delinquent will be admitted to the facility.	7176

(4) Comply with all applicable fiscal and program rules that	7177
the department adopts in accordance with Chapter 119. of the	7178
Revised Code and demonstrate that felony delinquents served by the	7179
facility have been or will be diverted from a commitment to the	7180
department.	7181

(D) The department of youth services shall determine the	7182
method of distribution of the funds appropriated for grants under	7183
this section to community corrections facilities.	7184

(E)(1) The department of youth services shall adopt rules in	7185
accordance with Chapter 119. of the Revised Code to establish the	7186
minimum occupancy threshold of community corrections facilities.	7187

(2) The department may make referrals for the placement of	7188
children in its custody to a community corrections facility. At	7189
least forty-five days prior to the referral of a child or within	7190
any shorter period prior to the referral of the child that the	7191
committing court may allow, the department shall notify the	7192
committing court of its intent to place the child in a community	7193
corrections facility. The court shall have thirty days after the	7194
receipt of the notice to approve or disapprove the placement. If	7195
the court does not respond to the notice of the placement within	7196
that thirty-day period, the department shall proceed with the	7197
placement and debit the county in accordance with sections 5139.41	7198
to 5139.43 of the Revised Code. A child placed in a community	7199
corrections facility pursuant to this division shall remain in the	7200
legal custody of the department of youth services during the	7201
period in which the child is in the community corrections	7202
facility.	7203

(3) Counties that are not associated with a community	7204
corrections facility may refer children to a community corrections	7205
facility with the consent of the facility. The department of youth	7206
services shall debit the county that makes the referral in	7207
accordance with sections 5139.41 to 5139.43 of the Revised Code.	7208

(F) If theThe board or other governing body of a community	7209
corrections facility establishes an advisory board, the board or	7210
other governing authority of theshall meet not less often than	7211
once per quarter. A community corrections facility shallmay	7212
reimburse the members of the board or other governing body of the	7213
facility and the members of an advisory board created by the board	7214
or other governing body of the facility for their actual and	7215
necessary expenses incurred in the performance of their official	7216
duties on the advisory board. The members of the board or other	7217
governing body of the facility and the members of an advisory	7218
boardsboard created by the board or other governing body of the	7219
facility shall serve without compensation.	7220

Sec. 5139.38.  Within ninety days prior to the expiration of	7221
the prescribed minimum period of institutionalization of a felony	7222
delinquent committed to the department of youth services and with	7223
prior notification toapproval of the committing court, the	7224
department may transfer the felony delinquent to a community	7225
facility for a period of supervised treatment prior to ordering a	7226
release of the felony delinquent on supervised release or prior to	7227
the release and placement of the felony delinquent as described in	7228
section 5139.18 of the Revised Code. For purposes of transfers	7229
under this section, both of the following apply:	7230

(A) The community facility may be a community corrections	7231
facility that has received a grant pursuant to section 5139.36 of	7232
the Revised Code, a community residential program with which the	7233
department has contracted for purposes of this section, or another	7234
private entity with which the department has contracted for	7235
purposes of this section. Division (E) of section 5139.36 of the	7236
Revised Code does not apply in connection with a transfer of a	7237
felony delinquent that is made to a community corrections facility	7238
pursuant to this section.	7239

(B) During the period in which the felony delinquent is in	7240
the community facility, the felony delinquent shall remain in the	7241
custody of the department.	7242

Sec. 5139.41.  The appropriation made to the department of	7243
youth services for care and custody of felony delinquents shall be	7244
expended in accordance with the following procedure that the	7245
department shall use for each year of a biennium. The procedure	7246
shall be consistent with sections 5139.41 to 5139.43 of the	7247
Revised Code and shall be developed in accordance with the	7248
following guidelines:	7249

(A) The line item appropriation for the care and custody of	7250
felony delinquents shall provide funding for operational costs for	7251
the following:	7252

(1) Institutions and the diagnosis, care, or treatment of	7253
felony delinquents at facilities pursuant to contracts entered	7254
into under section 5139.08 of the Revised Code;	7255

(2) Community corrections facilities constructed,	7256
reconstructed, improved, or financed as described in section	7257
5139.36 of the Revised Code for the purpose of providing	7258
alternative placement and services for felony delinquents who have	7259
been diverted from care and custody in institutions;	7260

(3) County juvenile courts that administer programs and	7261
services for prevention, early intervention, diversion, treatment,	7262
and rehabilitation services and programs that are provided for	7263
alleged or adjudicated unruly or delinquent children or for	7264
children who are at risk of becoming unruly or delinquent	7265
children;	7266

(4) Administrative expenses the department incurs in	7267
connection with the felony delinquent care and custody programs	7268
described in section 5139.43 of the Revised Code.	7269

(B) From the appropriated line item for the care and custody	7270
of felony delinquents, the department, with the advice of the	7271
RECLAIM advisory committee established under section 5139.44 of	7272
the Revised Code, shall allocate annual operational funds for	7273
county juvenile programs, institutional care and custody,	7274
community corrections facilities care and custody, and	7275
administrative expenses incurred by the department associated with	7276
felony delinquent care and custody programs. The department, with	7277
the advice of the RECLAIM advisory committee, shall adjust these	7278
allocations, when modifications to this line item are made by	7279
legislative or executive action.	7280

(C) The department shall divide county juvenile program	7281
allocations among county juvenile courts that administer programs	7282
and services for prevention, early intervention, diversion,	7283
treatment, and rehabilitation that are provided for alleged or	7284
adjudicated unruly or delinquent children or for children who are	7285
at risk of becoming unruly or delinquent children. The department	7286
shall base funding on the county's previous year's ratio of the	7287
department's institutional and community correctional facilities	7288
commitments to that county's four year average of felony	7289
adjudications, divided by statewide ratios of commitments to	7290
felony adjudications, as specified in the following formula:	7291

(1) The department shall give to each county a proportional	7292
allocation of commitment credits. The proportional allocation of	7293
commitment credits shall be calculated by the following	7294
procedures:	7295

(a) The department shall determine for each county and for	7296
the state a four year average of felony adjudications.	7297

(b) The department shall determine for each county and for	7298
the state the number of charged bed days, for both the department	7299
and community correctional facilities, from the previous year.	7300

(c) The department shall divide the statewide total number of	7301
charged bed days by the statewide total number of felony	7302
adjudications, which quotient shall then be multiplied by a factor	7303
determined by the department.	7304

(d) The department shall calculate the county's allocation of	7305
credits by multiplying the number of adjudications for each court	7306
by the result determined pursuant to division (C)(1)(c) of this	7307
section.	7308

(2) The department shall subtract from the allocation	7309
determined pursuant to division (C)(1) of this section a credit	7310
for every chargeable bed day a youth stays in a department	7311
institution and two-thirds of credit for every chargeable bed day	7312
a youth stays in a community correctional facility, except for	7313
public safety beds. At the end of the year, the department shall	7314
divide the amount of remaining credits of that county's allocation	7315
by the total number of remaining credits to all counties, to	7316
determine the county's percentage, which shall then be applied to	7317
the total county allocation to determine the county's payment for	7318
the fiscal year.	7319

(3) The department shall pay counties three times during the	7320
fiscal year to allow for credit reporting and audit adjustments,	7321
and modifications to the appropriated line item for the care and	7322
custody of felony delinquents, as described in this section. The	7323
department shall pay fifty per cent of the payment by the	7324
fifteenth of July of each fiscal year, twenty-five per cent by the	7325
fifteenth of January of that fiscal year, and twenty-five per cent	7326
of the payment by the fifteenth of June of that fiscal year.	7327

(D) In fiscal year 2004, the payment of county juvenile	7328
programs shall be based on the following procedure:	7329

(1) The department shall divide the funding earned by each	7330
court in fiscal year 2003 by the aggregate funding of all courts,	7331
resulting in a percentage.	7332

(2) The department shall apply the percentage determined	7333
under division (D)(1) of this section to the total county juvenile	7334
program allocation for fiscal year 2004 to determine each court's	7335
total payment.	7336

(3) The department shall make payments in accordance with the	7337
schedule established in division (C)(3) of this section.	7338

Sec. 5139.43.  (A) The department of youth services shall	7339
operate a felony delinquent care and custody program that shall be	7340
operated in accordance with the formula developed pursuant to	7341
section 5139.41 of the Revised Code, subject to the conditions	7342
specified in this section.	7343

(B)(1) Each juvenile court shall use the moneys disbursed to	7344
it by the department of youth services pursuant to division (B) of	7345
section 5139.41 of the Revised Code in accordance with the	7346
applicable provisions of division (B)(2) of this section and shall	7347
transmit the moneys to the county treasurer for deposit in	7348
accordance with this division. The county treasurer shall create	7349
in the county treasury a fund that shall be known as the felony	7350
delinquent care and custody fund and shall deposit in that fund	7351
the moneys disbursed to the juvenile court pursuant to division	7352
(B) of section 5139.41 of the Revised Code. The county treasurer	7353
also shall deposit into that fund the state subsidy funds granted	7354
to the county pursuant to section 5139.34 of the Revised Code. The	7355
moneys disbursed to the juvenile court pursuant to division (B) of	7356
section 5139.41 of the Revised Code and deposited pursuant to this	7357
division in the felony delinquent care and custody fund shall not	7358
be commingled with any other county funds except state subsidy	7359
funds granted to the county pursuant to section 5139.34 of the	7360
Revised Code; shall not be used for any capital construction	7361
projects; upon an order of the juvenile court and subject to	7362
appropriation by the board of county commissioners, shall be	7363
disbursed to the juvenile court for use in accordance with the	7364
applicable provisions of division (B)(2) of this section; shall	7365
not revert to the county general fund at the end of any fiscal	7366
year; and shall carry over in the felony delinquent care and	7367
custody fund from the end of any fiscal year to the next fiscal	7368
year. At the end of each fiscal year, beginning June 30, 2008, the	7369
balance in the felony delinquent care and custody fund in any	7370
county shall not exceed the total moneys allocated to the county	7371
pursuant to sections 5139.34 and 5139.41 of the Revised Code	7372
during the previous fiscal year, unless that county has applied	7373
for and been granted an exemption by the director of youth	7374
services. The department shall withhold from future payments to a	7375
county an amount equal to any moneys in the felony delinquent care	7376
and custody fund of the county that exceed the total moneys	7377
allocated pursuant to those sections to the county during the	7378
preceding fiscal year and shall reallocate the withheld amount.	7379
The department shall adopt rules for the withholding and	7380
reallocation of moneys disbursed under sections 5139.34 and	7381
5139.41 of the Revised Code and for the criteria and process for a	7382
county to obtain an exemption from the withholding requirement.	7383
The moneys disbursed to the juvenile court pursuant to division	7384
(B) of section 5139.41 of the Revised Code and deposited pursuant	7385
to this division in the felony delinquent care and custody fund	7386
shall be in addition to, and shall not be used to reduce, any	7387
usual annual increase in county funding that the juvenile court is	7388
eligible to receive or the current level of county funding of the	7389
juvenile court and of any programs or services for delinquent	7390
children, unruly children, or juvenile traffic offenders.	7391

(2)(a) A county and the juvenile court that serves the county	7392
shall use the moneys in its felony delinquent care and custody	7393
fund in accordance with rules that the department of youth	7394
services adopts pursuant to division (D) of section 5139.04 of the	7395
Revised Code and as follows:	7396

(i) The moneys in the fund that represent state subsidy funds	7397
granted to the county pursuant to section 5139.34 of the Revised	7398
Code shall be used to aid in the support of prevention, early	7399
intervention, diversion, treatment, and rehabilitation programs	7400
that are provided for alleged or adjudicated unruly children or	7401
delinquent children or for children who are at risk of becoming	7402
unruly children or delinquent children. The county shall not use	7403
for capital improvements more than fifteen per cent of the moneys	7404
in the fund that represent the applicable annual grant of those	7405
state subsidy funds.	7406

(ii) The moneys in the fund that were disbursed to the	7407
juvenile court pursuant to division (B) of section 5139.41 of the	7408
Revised Code and deposited pursuant to division (B)(1) of this	7409
section in the fund shall be used to provide programs and services	7410
for the training, treatment, or rehabilitation of felony	7411
delinquents that are alternatives to their commitment to the	7412
department, including, but not limited to, community residential	7413
programs, day treatment centers, services within the home, and	7414
electronic monitoring, and shall be used in connection with	7415
training, treatment, rehabilitation, early intervention, or other	7416
programs or services for any delinquent child, unruly child, or	7417
juvenile traffic offender who is under the jurisdiction of the	7418
juvenile court.	7419

The fund also may be used for prevention, early intervention,	7420
diversion, treatment, and rehabilitation programs that are	7421
provided for alleged or adjudicated unruly children, delinquent	7422
children, or juvenile traffic offenders or for children who are at	7423
risk of becoming unruly children, delinquent children, or juvenile	7424
traffic offenders. Consistent with division (B)(1) of this	7425
section, a county and the juvenile court of a county shall not use	7426
any of those moneys for capital construction projects.	7427

(iii) Moneys in the fund shall not be used to support	7428
programs or services that do not comply with federal juvenile	7429
justice and delinquency prevention core requirements or to support	7430
programs or services that research has shown to be ineffective.	7431

(iv) The county and the juvenile court that serves the	7432
county may not use moneys in the fund for the provision of care	7433
and services for children, including, but not limited to, care and	7434
services in a detention facility, in another facility, or into	7435
provide out-of-home placement, unless the minimum standards that	7436
apply to the care and services and that the department prescribes	7437
in rules adopted pursuant to division (D) of section 5139.04 of	7438
the Revised Code have been satisfiedof children only in	7439
detention centers, community rehabilitation centers, or community	7440
corrections facilities approved by the department pursuant to	7441
standards adopted by the department, licensed by an authorized	7442
state agency, or accredited by the American correctional	7443
association or another national organization recognized by the	7444
department.	7445

(b) Each juvenile court shall comply with division (B)(3)(d)	7446
of this section as implemented by the department. If a juvenile	7447
court fails to comply with division (B)(3)(d) of this section, the	7448
department shall not be required to make any disbursements in	7449
accordance with division (C) or (D) of section 5139.41 or division	7450
(C)(2) of section 5139.34 of the Revised Code.	7451

(3) In accordance with rules adopted by the department	7452
pursuant to division (D) of section 5139.04 of the Revised Code,	7453
each juvenile court and the county served by that juvenile court	7454
shall do all of the following that apply:	7455

(a) The juvenile court shall prepare an annual grant	7456
agreement and application for funding that satisfies the	7457
requirements of this section and section 5139.34 of the Revised	7458
Code and that pertains to the use, upon an order of the juvenile	7459
court and subject to appropriation by the board of county	7460
commissioners, of the moneys in its felony delinquent care and	7461
custody fund for specified programs, care, and services as	7462
described in division (B)(2)(a) of this section, shall submit that	7463
agreement and application to the county family and children first	7464
council, the regional family and children first council, or the	7465
local intersystem services to children cluster as described in	7466
sections 121.37 and 121.38 of the Revised Code, whichever is	7467
applicable, and shall file that agreement and application with the	7468
department for its approval. The annual grant agreement and	7469
application for funding shall include a method of ensuring equal	7470
access for minority youth to the programs, care, and services	7471
specified in it.	7472

The department may approve an annual grant agreement and	7473
application for funding only if the juvenile court involved has	7474
complied with the preparation, submission, and filing requirements	7475
described in division (B)(3)(a) of this section. If the juvenile	7476
court complies with those requirements and the department approves	7477
that agreement and application, the juvenile court and the county	7478
served by the juvenile court may expend the state subsidy funds	7479
granted to the county pursuant to section 5139.34 of the Revised	7480
Code only in accordance with division (B)(2)(a) of this section,	7481
the rules pertaining to state subsidy funds that the department	7482
adopts pursuant to division (D) of section 5139.04 of the Revised	7483
Code, and the approved agreement and application.	7484

(b) By the thirty-first day of August of each year, the	7485
juvenile court shall file with the department a report that	7486
contains all of the statistical and other information for each	7487
month of the prior state fiscal year. If the juvenile court fails	7488
to file the report required by division (B)(3)(b) of this section	7489
by the thirty-first day of August of any year, the department	7490
shall not disburse any payment of state subsidy funds to which the	7491
county otherwise is entitled pursuant to section 5139.34 of the	7492
Revised Code and shall not disburse pursuant to division (B) of	7493
section 5139.41 of the Revised Code the applicable allocation	7494
until the juvenile court fully complies with division (B)(3)(b) of	7495
this section.	7496

(c) If the department requires the juvenile court to prepare	7497
monthly statistical reports and to submit the reports on forms	7498
provided by the department, the juvenile court shall file those	7499
reports with the department on the forms so provided. If the	7500
juvenile court fails to prepare and submit those monthly	7501
statistical reports within the department's timelines, the	7502
department shall not disburse any payment of state subsidy funds	7503
to which the county otherwise is entitled pursuant to section	7504
5139.34 of the Revised Code and shall not disburse pursuant to	7505
division (B) of section 5139.41 of the Revised Code the applicable	7506
allocation until the juvenile court fully complies with division	7507
(B)(3)(c) of this section. If the juvenile court fails to prepare	7508
and submit those monthly statistical reports within one hundred	7509
eighty days of the date the department establishes for their	7510
submission, the department shall not disburse any payment of state	7511
subsidy funds to which the county otherwise is entitled pursuant	7512
to section 5139.34 of the Revised Code and shall not disburse	7513
pursuant to division (B) of section 5139.41 of the Revised Code	7514
the applicable allocation, and the state subsidy funds and the	7515
remainder of the applicable allocation shall revert to the	7516
department. If a juvenile court states in a monthly statistical	7517
report that the juvenile court adjudicated within a state fiscal	7518
year five hundred or more children to be delinquent children for	7519
committing acts that would be felonies if committed by adults and	7520
if the department determines that the data in the report may be	7521
inaccurate, the juvenile court shall have an independent auditor	7522
or other qualified entity certify the accuracy of the data on a	7523
date determined by the department.	7524

(d) If the department requires the juvenile court and the	7525
county to participate in a fiscal monitoring program or another	7526
monitoring program that is conducted by the department to ensure	7527
compliance by the juvenile court and the county with division (B)	7528
of this section, the juvenile court and the county shall	7529
participate in the program and fully comply with any guidelines	7530
for the performance of audits adopted by the department pursuant	7531
to that program and all requests made by the department pursuant	7532
to that program for information necessary to reconcile fiscal	7533
accounting. If an audit that is performed pursuant to a fiscal	7534
monitoring program or another monitoring program described in this	7535
division determines that the juvenile court or the county used	7536
moneys in the county's felony delinquent care and custody fund for	7537
expenses that are not authorized under division (B) of this	7538
section, within forty-five days after the department notifies the	7539
county of the unauthorized expenditures, the county either shall	7540
repay the amount of the unauthorized expenditures from the county	7541
general revenue fund to the state's general revenue fund or shall	7542
file a written appeal with the department. If an appeal is timely	7543
filed, the director of the department shall render a decision on	7544
the appeal and shall notify the appellant county or its juvenile	7545
court of that decision within forty-five days after the date that	7546
the appeal is filed. If the director denies an appeal, the	7547
county's fiscal agent shall repay the amount of the unauthorized	7548
expenditures from the county general revenue fund to the state's	7549
general revenue fund within thirty days after receiving the	7550
director's notification of the appeal decision. If the county	7551
fails to make the repayment within that thirty-day period and if	7552
the unauthorized expenditures pertain to moneys allocated under	7553
sections 5139.41 to 5139.43 of the Revised Code, the department	7554
shall deduct the amount of the unauthorized expenditures from the	7555
next allocation of those moneys to the county in accordance with	7556
this section or from the allocations that otherwise would be made	7557
under those sections to the county during the next state fiscal	7558
year in accordance with this section and shall return that	7559
deducted amount to the state's general revenue fund. If the county	7560
fails to make the repayment within that thirty-day period and if	7561
the unauthorized expenditures pertain to moneys granted pursuant	7562
to section 5139.34 of the Revised Code, the department shall	7563
deduct the amount of the unauthorized expenditures from the next	7564
annual grant to the county pursuant to that section and shall	7565
return that deducted amount to the state's general revenue fund.	7566

(C) The determination of which county a reduction of the	7567
care and custody allocation will be charged against for a	7568
particular youth shall be made as outlined below for all youths	7569
who do not qualify as public safety beds. The determination of	7570
which county a reduction of the care and custody allocation will	7571
be charged against shall be made as follows until each youth is	7572
released:	7573

(1) In the event of a commitment, the reduction shall be	7574
charged against the committing county.	7575

(2) In the event of a recommitment, the reduction shall be	7576
charged against the original committing county until the	7577
expiration of the minimum period of institutionalization under the	7578
original order of commitment or until the date on which the youth	7579
is admitted to the department of youth services pursuant to the	7580
order of recommitment, whichever is later. Reductions of the	7581
allocation shall be charged against the county that recommitted	7582
the youth after the minimum expiration date of the original	7583
commitment.	7584

(3) In the event of a revocation of a release on parole, the	7585
reduction shall be charged against the county that revokes the	7586
youth's parole.	7587

(D) A juvenile court is not precluded by its allocation	7588
amount for the care and custody of felony delinquents from	7589
committing a felony delinquent to the department of youth services	7590
for care and custody in an institution or a community corrections	7591
facility when the juvenile court determines that the commitment is	7592
appropriate.	7593

Sec. 5139.50.  (A) The release authority of the department of	7594
youth services is hereby created as a bureau in the department.	7595
The release authority shall consist of five members who are	7596
appointed by the director of youth services and who have the	7597
qualifications specified in division (B) of this section. The	7598
members of the release authority shall devote their full time to	7599
the duties of the release authority and shall neither seek nor	7600
hold other public office. The members shall be in the unclassified	7601
civil service.	7602

(B) A person appointed as a member of the release authority	7603
shall have a bachelor's degree from an accredited college or	7604
university or equivalent relevant experience and shall have the	7605
skills, training, or experience necessary to analyze issues of	7606
law, administration, and public policy. The membership of the	7607
release authority shall represent, insofar as practicable, the	7608
diversity found in the children in the legal custody of the	7609
department of youth services.	7610

In appointing the five members, the director shall ensure	7611
that the appointments include all of the following:	7612

(1) At least four members who have five or more years of	7613
experience in criminal justice, juvenile justice, or an equivalent	7614
relevant profession;	7615

(2) At least one member who has experience in victim services	7616
or advocacy or who has been a victim of a crime or is a family	7617
member of a victim;	7618

(3) At least one member who has experience in direct care	7619
services to delinquent children.	7620

(C) The initial appointments of members of the release	7621
authority shall be for a term of six years for the chairperson and	7622
one member, a term of four years for two members, and a term of	7623
two years for one member. Thereafter, members shall be appointed	7624
for six-year terms until the effective date of this amendment,	7625
after which members shall be appointed for four-year terms. At the	7626
conclusion of a term, a member shall hold office until the	7627
appointment and qualification of the member's successor. The	7628
director shall fill a vacancy occurring before the expiration of a	7629
term for the remainder of that term and, if a member is on	7630
extended leave or disability status for more than thirty work	7631
days, may appoint an interim member to fulfill the duties of that	7632
member. A member may be reappointed, but a member may serve no	7633
more than two consecutive terms regardless of the length of the	7634
member's initial term. A member may be removed for good cause by	7635
the director.	7636

(D) The director of youth services shall designate as	7637
chairperson of the release authority one of the members who has	7638
experience in criminal justice, juvenile justice, or an equivalent	7639
relevant profession. The chairperson shall be a managing officer	7640
of the department, shall supervise the members of the board and	7641
the other staff in the bureau, and shall perform all duties and	7642
functions necessary to ensure that the release authority	7643
discharges its responsibilities. The chairperson shall serve as	7644
the official spokesperson for the release authority.	7645

(E) The release authority shall do all of the following:

7646

(1) Serve as the final and sole authority for making	7647
decisions, in the interests of public safety and the children	7648
involved, regarding the release and discharge of all children	7649
committed to the legal custody of the department of youth	7650
services, except children placed by a juvenile court on judicial	7651
release to court supervision or on judicial release to department	7652
of youth services supervision, children who have not completed a	7653
prescribed minimum period of time or prescribed period of time in	7654
a secure facility, or children who are required to remain in a	7655
secure facility until they attain twenty-one years of age;	7656

(2) Establish written policies and procedures for conducting	7657
reviews of the status for all youth in the custody of the	7658
department, setting or modifying dates of release and discharge,	7659
specifying the duration, terms, and conditions of release to be	7660
carried out in supervised release subject to the addition of	7661
additional consistent terms and conditions by a court in	7662
accordance with section 5139.51 of the Revised Code, and giving a	7663
child notice of all reviews;	7664

(3) Maintain records of its official actions, decisions,	7665
orders, and hearing summaries and make the records accessible in	7666
accordance with division (D) of section 5139.05 of the Revised	7667
Code;	7668

(4) Cooperate with public and private agencies, communities,	7669
private groups, and individuals for the development and	7670
improvement of its services;	7671

(5) Collect, develop, and maintain statistical information	7672
regarding its services and decisions;	7673

(6) Submit to the director an annual report that includes a	7674
description of the operations of the release authority, an	7675
evaluation of its effectiveness, recommendations for statutory,	7676
budgetary, or other changes necessary to improve its	7677
effectiveness, and any other information required by the director.	7678

(F) The release authority may do any of the following:

7679

(1) Conduct inquiries, investigations, and reviews and hold	7680
hearings and other proceedings necessary to properly discharge its	7681
responsibilities;	7682

(2) Issue subpoenas, enforceable in a court of law, to compel	7683
a person to appear, give testimony, or produce documentary	7684
information or other tangible items relating to a matter under	7685
inquiry, investigation, review, or hearing;	7686

(3) Administer oaths and receive testimony of persons under	7687
oath;	7688

(4) Request assistance, services, and information from a	7689
public agency to enable the authority to discharge its	7690
responsibilities and receive the assistance, services, and	7691
information from the public agency in a reasonable period of time;	7692

(5) Request from a public agency or any other entity that	7693
provides or has provided services to a child committed to the	7694
department's legal custody information to enable the release	7695
authority to properly discharge its responsibilities with respect	7696
to that child and receive the information from the public agency	7697
or other entity in a reasonable period of time.	7698

(G) The release authority may delegate responsibilities to	7699
hearing officers or other designated staff under the release	7700
authority's auspices. However, the release authority shall not	7701
delegate its authority to make final decisions regarding policy or	7702
the release of a child.	7703

The release authority shall adopt a written policy and	7704
procedures governing appeals of its release and discharge	7705
decisions.	7706

(H) The legal staff of the department of youth services shall	7707
provide assistance to the release authority in the formulation of	7708
policy and in its handling of individual cases.	7709

Sec. 5145.01.  Courts shall impose sentences to a state	7710
correctional institution for felonies pursuant to sections 2929.13	7711
and 2929.14 of the Revised Code. All prison terms may be ended in	7712
the manner provided by law, but no prison term shall exceed the	7713
maximum term provided for the felony of which the prisoner was	7714
convicted as extended pursuant to section 2929.141, 2967.11, or	7715
2967.28 of the Revised Code.	7716

If a prisoner is sentenced for two or more separate felonies,	7717
the prisoner's term of imprisonment shall run as a concurrent	7718
sentence, except if the consecutive sentence provisions of	7719
sections 2929.14 and 2929.41 of the Revised Code apply. If	7720
sentenced consecutively, for the purposes of sections 5145.01 to	7721
5145.27 of the Revised Code, the prisoner shall be held to be	7722
serving one continuous term of imprisonment.	7723

If a court imposes a sentence to a state correctional	7724
institution for a felony of the fourth or fifth degree, the	7725
department of rehabilitation and correction, notwithstanding the	7726
court's designation of a state correctional institution as the	7727
place of service of the sentence, may designate that the person	7728
sentenced is to be housed in a county, multicounty, municipal,	7729
municipal-county, or multicounty-municipal jail or workhouse if	7730
authorized pursuant to section 5120.161 of the Revised Code.	7731

If, through oversight or otherwise, a person is sentenced to	7732
a state correctional institution under a definite term for an	7733
offense for which a definite term of imprisonment is not provided	7734
by statute, the sentence shall not thereby become void, but the	7735
person shall be subject to the liabilities of such sections and	7736
receive the benefits thereof, as if the person had been sentenced	7737
in the manner required by this section.	7738

As used in this section, "prison term" has the same meaning	7739
as in section 2929.01 of the Revised Code.	7740

Sec. 5145.163. (A) As used in this section:

7741

(1) "Customer model enterprise" means an enterprise conducted	7742
under a federal prison industries enhancement certification	7743
program in which a private party participates in the enterprise	7744
only as a purchaser of goods and services.	7745

(2) "Employer model enterprise" means an enterprise conducted	7746
under a federal prison industries enhancement certification	7747
program in which a private party participates in the enterprise as	7748
an operator of the enterprise.	7749

(3) "Injury" means a diagnosable injury to an inmate	7750
supported by medical findings that it was sustained in the course	7751
of and arose out of authorized work activity that was an integral	7752
part of the inmate's participation in the Ohio penal industries	7753
program.	7754

(4) "Inmate" includesmeans any person who is committed to a	7755
detention facility, who is in the custody of the department of	7756
rehabilitation and correction, and who is participating in an	7757
approved assignmentOhio penal industries program that is under	7758
the federal prison industries enhancement certification program.	7759
"Inmate" does not include a prisoner confined within a detention	7760
facility operated by or for a political subdivision.	7761

(2)(5) "Federal prison industries enhancement certification	7762
program" means the program authorized pursuant to 18 U.S.C. 1761.	7763

(6) "Loss of earning capacity" means an impairment of the	7764
body of an inmate to a degree that makes the inmate unable to	7765
return to work activity under the Ohio penal industries program	7766
and results in a reduction of compensation earned by the inmate at	7767
the time the injury occurred.	7768

(B) Private employers who purchase goods made by inmates or	7769
utilize inmate labor in the production of goods under the federal	7770
prison industries enhancement certification programEvery inmate	7771
shall purchase and be solely responsible to providecovered by a	7772
policy of disability insurance for inmates participating in the	7773
programto provide benefits for loss of earning capacity due to an	7774
injury and for medical treatment of the injury following the	7775
inmate's release from prison. If the enterprise for which the	7776
inmate works is a customer model enterprise, Ohio penal industries	7777
shall purchase the policy. If the enterprise for which the inmate	7778
works is an employer model enterprise, the private participant	7779
shall purchase the policy. The person required to purchase the	7780
policy shall submit proof of coverage to the prison labor advisory	7781
board before the enterprise begins operation.	7782

(C) The policy of insurance required by this section shall	7783
provide benefit payments for any inmate who sustains a compensable	7784
injury while participating in the program. The benefit payments	7785
shall compensate the inmate for any temporary or permanent loss of	7786
earning capacity that results from a compensable injury and is	7787
present at the time of the inmate's releaseWithin ninety days	7788
after an inmate sustains an injury, the inmate may file a	7789
disability claim with the person required to purchase the policy	7790
of disability insurance. Upon the request of the insurer, the	7791
inmate shall be medically examined, and the insurer shall	7792
determine the inmate's entitlement to disability benefits based on	7793
the medical examination. The inmate shall accept or reject an	7794
award within thirty days after a determination of the inmate's	7795
entitlement to the award. TheIf the inmate accepts the award, the	7796
benefits shall be awardedpaid upon the inmate's release from	7797
prison by parole or final discharge. The policy of insurance shall	7798
provide coverage for injuries occurring during activities that are	7799
an integral part of the inmate's participation in the program	7800
production. The policy of insuranceThe amount of disability	7801
benefits payable to the inmate shall be reduced by sick leave	7802
benefits or other compensation for lost pay made by Ohio penal	7803
industries to the inmate due to an injury that rendered the inmate	7804
unable to work. An inmate shall not payreceive disability	7805
benefits for injuries occurring as the result of a fight, assault,	7806
horseplay, purposely self-inflicted injury, use of alcohol or	7807
controlled substances, misuse of prescription drugs, or other	7808
activity that is prohibited by the department's or institution's	7809
inmate conduct rules or the work rules of the private participant	7810
in the enterprise.	7811

(D) Private employers shall submit to the prison labor	7812
advisory board as a requirement for participation in the federal	7813
prison industries enhancement certification program proof of	7814
liability coverage that meets or exceeds the requirements set	7815
forth in 18 U.S.C. 1761(c)(3).	7816

(E) Inmates covered under this section are not employees of	7817
the department of rehabilitation and correction or the private	7818
employer. Nothing in this section shall be construed as creating a	7819
contract for hire between the inmate and any other entity	7820
participant in an enterprise.	7821

(F) Any(E) An inmate participating in the federal prison	7822
industries enhancement certification program is ineligible to	7823
receive compensation or benefits under Chapter 4121., 4123.,	7824
4127., or 4131. of the Revised Code for any injury, death, or	7825
occupational disease received in the course of, and arising out	7826
of, participation in thatthe Ohio penal industries program. Any	7827
claim for an injury arising from an inmate's participation in the	7828
program is specifically excluded from the jurisdiction of the Ohio	7829
bureau of workers' compensation and the industrial commission of	7830
Ohio.	7831

(G)(F) Any liabilitydisability benefit awarded for any	7832
injuryaward accepted by an inmate under this provisionsection	7833
shall be the inmate's exclusive remedy against the insurer, the	7834
private employerparticipant in an enterprise, and the state. If	7835
an inmate rejects an award or a disability claim is denied, the	7836
inmate may bring an action in the court of claims within the	7837
appropriate period of limitations.	7838

(H)(G) If any inmate awarded liabilitywho is paid disability	7839
benefits under this provisionsection is recommitted to the	7840
custody of the department of rehabilitation and correction	7841
reincarcerated, the benefits shall immediately cease but shall	7842
resume upon the inmate's subsequent parole or dischargerelease	7843
from incarceration.	7844

Sec. 5149.06. (A) One of the primary duties of the field	7845
services section is to assist the counties in developing their own	7846
probation services on either a single-county or multiple-county	7847
basis. The section, within limits of available personnel and	7848
funds, may supervise selected probationers from local courts.	7849

(B) The adult parole authority probation services fund shall	7850
be created in the state treasury. The fund shall consist of all	7851
moneys that are paid to the treasurer of any county under section	7852
2951.021 of the Revised Code for deposit into the county's	7853
probation services fund established under division (A)(1) of	7854
section 321.44 of the Revised Code and that subsequently are	7855
appropriated and transferred to the adult parole authority	7856
probation services fund under division (A)(2) of that section. The	7857
chief of the adult parole authority, with the approval of the	7858
director of the department of rehabilitation and correction, shall	7859
use the money contained in the adult parole authority probation	7860
services fund for probation-related expenses in the counties for	7861
which the authority provides probation services. Probation-related	7862
expenses may include specialized staff, purchase of equipment,	7863
purchase of services, reconciliation programs for victims and	7864
offenders, other treatment programs, including alcohol and drug	7865
addiction programs certified under section 3793.06 of the Revised	7866
Code, determined to be appropriate by the chief of the authority,	7867
and other similar probation-related expenses.	7868

Section 2.  That existing sections 9.06, 121.05, 124.11,	7869
135.804, 321.44, 322.07, 323.151, 323.152, 323.153, 323.154,	7870
323.155, 323.156, 323.159, 341.192, 1713.34, 2921.36, 2929.01,	7871
2929.13, 2929.14, 2929.141, 2929.15, 2929.17, 2929.19, 2929.20,	7872
2935.36, 2943.032, 2949.12, 2951.021, 2951.041, 2953.08,	7873
2953.13, 2967.03, 2967.05, 2967.12, 2967.121, 2967.141, 2967.15,	7874
2967.26, 2967.28, 3317.16, 4503.065, 4503.066, 4503.067, 4503.068,	7875
4507.51, 4735.18, 5120.52, 5120.63, 5120.66, 5139.02, 5139.18,	7876
5139.281, 5139.31, 5139.36, 5139.38, 5139.41, 5139.43, 5139.50,	7877
5145.01, 5145.163, and 5149.06 and section 2967.11 of the	7878
Revised Code is hereby repealed.	7879

Section 3. Section 5120.07 of the Revised Code is hereby	7880
repealed, effective December 31, 2011.	7881

Section 4. That the amendment by this act to section	7882
3317.16 of the Revised Code shall first apply to the fiscal year	7883
ending June 30, 2009, and that the total amount of payments under	7884
that section during that fiscal year to any joint vocational	7885
school district affected by the amendment shall be calculated as	7886
though the amendment had been in effect prior to July 1, 2008.	7887

Section 5. The items of law contained in this act, and their	7888
applications, are severable. If any item of law contained in this	7889
act, or if any application of any item of law contained in this	7890
act, is held invalid, the invalidity does not affect other items	7891
of law contained in this act and their applications that can be	7892
given effect without the invalid item of law or application.	7893

Section 6.  Section 323.156 of the Revised Code is presented	7894
in this act as a composite of the section as amended by both Am.	7895
H.B. 595 and Am. Sub. H.B. 672 of the 123rd General Assembly. The	7896
General Assembly, applying the principle stated in division (B)	7897
of section 1.52 of the Revised Code that amendments are to be	7898
harmonized if reasonably capable of simultaneous operation, finds	7899
that the composite is the resulting version of the section in	7900
effect prior to the effective date of the section as presented in	7901
this act.	7902

Section 7.  Section 2929.14 of the Revised Code is presented	7903
in this act as a composite of the section as amended by both Sub.	7904
S.B. 184 and Sub. S.B. 220 of the 127th General Assembly. The	7905
General Assembly, applying the principle stated in division (B)	7906
of section 1.52 of the Revised Code that amendments are to be	7907
harmonized if reasonably capable of simultaneous operation, finds	7908
that the composite is the resulting version of the section in	7909
effect prior to the effective date of the section as presented in	7910
this act.	7911