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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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) 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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
(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 |
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. 323.156. 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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) 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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. 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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
(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 |
(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 |
(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 |
(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 |