Section 1. That sections 9.06, 121.05, 124.11,
321.44, | 59 |
341.192,
1713.34, 2921.36, 2929.01, 2929.13, 2929.14,
2929.141, | 60 |
2929.15, 2929.17, 2929.19, 2929.20, 2935.36, 2943.032,
2949.12, | 61 |
2951.021, 2951.041, 2953.08, 2953.13, 2967.03, 2967.05,
2967.12, | 62 |
2967.121, 2967.141, 2967.15, 2967.26,
2967.28, 4507.51,
5120.52, | 63 |
5120.63, 5120.66,
5139.02, 5139.18, 5139.281,
5139.31,
5139.36, | 64 |
5139.38, 5139.41,
5139.43, 5139.50, 5145.01,
5145.163,
and | 65 |
5149.06 be amended and
sections 9.871, 109.37,
2967.29, | 66 |
4743.06,
5120.07, 5120.59, and
5120.70 of the Revised
Code be | 67 |
enacted to
read as follows: | 68 |
Sec. 9.06. (A)(1) The department of rehabilitation and | 69 |
correction shall contract for the private operation
and management | 70 |
pursuant to this section of the initial intensive program
prison | 71 |
established pursuant to section 5120.033 of the
Revised Code and | 72 |
may contract for the
private operation and management of any other | 73 |
facility under this section.
Counties
and municipal corporations | 74 |
to the extent authorized
in sections 307.93, 341.35, 753.03, and | 75 |
753.15 of the Revised
Code, may contract for the private operation | 76 |
and management of a facility
under this section. A contract | 77 |
entered into under
this section shall be for an initial term of | 78 |
not more
than two years, with an option to renew for additional | 79 |
periods of two years. | 80 |
(3) A requirement that the contractor comply with all rules | 137 |
promulgated by
the department of rehabilitation and correction | 138 |
that apply to the operation
and management of correctional | 139 |
facilities, including the minimum
standards for jails in Ohio and | 140 |
policies regarding the use of force
and the use of deadly force, | 141 |
although the public entity may
require more stringent standards, | 142 |
and comply with any applicable laws, rules,
or regulations of the | 143 |
federal, state, and local governments, including, but
not limited | 144 |
to, sanitation, food service, safety, and health regulations. The | 145 |
contractor shall be required to send copies of reports of | 146 |
inspections
completed by the appropriate authorities regarding | 147 |
compliance with rules and
regulations to the director of | 148 |
rehabilitation and correction or the director's designee and, if | 149 |
contracting
with a local public entity, to the governing authority | 150 |
of that entity. | 151 |
(5) A requirement that the
contractor immediately report all | 158 |
escapes from the facility, and the
apprehension of all escapees, | 159 |
by
telephone and in writing to all local law enforcement agencies | 160 |
with
jurisdiction over the place at which the facility is located, | 161 |
to the
prosecuting attorney of the county in which the facility is | 162 |
located, to the
state highway patrol, to a daily newspaper having | 163 |
general circulation in the
county in which the facility is | 164 |
located, and, if the
facility is a state
correctional
institution, | 165 |
to the department of rehabilitation
and correction.
The written | 166 |
notice may be by either facsimile transmission or
mail. A failure | 167 |
to comply with this requirement
regarding an
escape is a violation | 168 |
of section 2921.22 of the
Revised Code. | 169 |
(21) If the institution is a state correctional institution, | 250 |
a requirement
that the contractor provide clothing
for all inmates | 251 |
housed in the facility that is conspicuous in
its color, style, or | 252 |
color and style, that conspicuously
identifies its wearer as an | 253 |
inmate, and that is readily
distinguishable from clothing of a | 254 |
nature that normally is worn
outside the facility by non-inmates, | 255 |
that the contractor require
all inmates housed in the facility to | 256 |
wear the clothing so
provided, and that the contractor not permit | 257 |
any inmate, while
inside or on the premises of the facility or | 258 |
while being transported to or
from the facility, to wear any | 259 |
clothing
of a nature that does not conspicuously identify its | 260 |
wearer as an
inmate and that normally is worn outside the facility | 261 |
by
non-inmates. | 262 |
(D) A contractor that has been approved to operate a
facility | 294 |
under this
section, and a person or entity that enters
into a | 295 |
contract for
specialized services, as described in division
(I) of | 296 |
this section,
relative to an intensive program prison
established | 297 |
pursuant to section
5120.033 of the Revised Code to be
operated by | 298 |
a contractor that has been approved to operate
the
prison under | 299 |
this section, shall provide an adequate policy of
insurance | 300 |
specifically including, but not limited to,
insurance
for civil | 301 |
rights claims as determined by a risk management or
actuarial firm | 302 |
with demonstrated experience in public liability
for state | 303 |
governments. The insurance policy shall provide that
the state, | 304 |
including all
state agencies, and all political
subdivisions of | 305 |
the state with jurisdiction
over the facility or
in which a | 306 |
facility is located are named as insured, and
that the
state and | 307 |
its political subdivisions shall be sent any notice of | 308 |
cancellation. The contractor may not self-insure. | 309 |
A contractor that has been approved to operate a
facility | 310 |
under this section, and a person or entity that enters into a | 311 |
contract for specialized services, as described in division (I) of | 312 |
this section, relative to an intensive program prison established | 313 |
pursuant to section 5120.033 of the Revised Code to be
operated by | 314 |
a contractor that has been approved to
operate the prison under | 315 |
this section, shall indemnify and
hold harmless the state,
its | 316 |
officers, agents, and employees, and any local government entity | 317 |
in the state
having jurisdiction over the facility or ownership of | 318 |
the facility,
shall reimburse the state for its
costs in defending | 319 |
the state or any of its officers, agents, or employees, and
shall | 320 |
reimburse any local government entity of that nature for its costs | 321 |
in
defending the local government entity, from all of the | 322 |
following: | 323 |
(F) Upon notification by the contractor of an escape from,
or | 351 |
of a
disturbance at, the facility that is the subject of a | 352 |
contract entered into
under this section, the department of | 353 |
rehabilitation and correction and state
and local law enforcement | 354 |
agencies shall use all reasonable means to recapture
escapees or | 355 |
quell any disturbance. Any cost incurred by the state or its | 356 |
political subdivisions relating to the apprehension of an escapee | 357 |
or the
quelling of a disturbance at the facility shall be | 358 |
chargeable to and borne by
the contractor. The contractor shall | 359 |
also reimburse the state or its
political subdivisions for all | 360 |
reasonable costs incurred relating to the
temporary detention of | 361 |
the escapee following recapture. | 362 |
(I) In contracting for the private operation and management | 373 |
pursuant to
division (A) of this section of the initial intensive | 374 |
program prison
established pursuant to section 5120.033 of the | 375 |
Revised Code or of any other intensive
program prison established | 376 |
pursuant to that section, the department of
rehabilitation and | 377 |
correction may enter into a contract with a contractor for
the | 378 |
general operation and management of the prison and may enter into | 379 |
one or
more separate contracts with other persons or entities for | 380 |
the provision of
specialized services for persons confined in the | 381 |
prison, including, but not
limited to, security or training | 382 |
services or medical, counseling, educational,
or similar treatment | 383 |
programs. If, pursuant to this
division, the department enters | 384 |
into a contract with a contractor for the
general operation and | 385 |
management of the prison and also enters into one or
more | 386 |
specialized service contracts with other persons or entities, all | 387 |
of the
following apply: | 388 |
Sec. 9.871. (A) If an employee of the department of | 430 |
rehabilitation and correction is subject to criminal charges for | 431 |
actions occurring within the scope and in the course of the | 432 |
employee's assigned duties, and if the charges are dismissed or | 433 |
the employee is acquitted of any wrongdoing as a result, the | 434 |
employee may be indemnified for the reasonable cost of legal | 435 |
representation. An employee shall request indemnification by | 436 |
submitting a written request to the director of rehabilitation and | 437 |
correction. The director shall determine whether to recommend | 438 |
indemnification and shall transmit the recommendation to the | 439 |
attorney general. The attorney general shall review the request, | 440 |
the recommendation of the director, and any other information that | 441 |
the attorney general may require and shall decide whether or not | 442 |
the employee is to be indemnified. | 443 |
(B) When all of the conditions set forth in division (A) of | 506 |
this section apply, the employee may submit a request for legal | 507 |
representation to the director of rehabilitation and correction. | 508 |
If the director determines that all of the conditions in that | 509 |
division apply, and if the director considers the requested legal | 510 |
representation to be appropriate, the director may approve the | 511 |
request and submit it to the attorney general. Upon receipt of the | 512 |
request, the attorney general shall furnish the employee the names | 513 |
of three attorneys who are admitted to the practice of law in this | 514 |
state and are experienced in the defense of criminal charges. The | 515 |
employee may select one of the attorneys to represent the employee | 516 |
until the grand jury concludes its proceedings or the case is | 517 |
disposed of before the grand jury concludes its proceedings. | 518 |
(D) If a criminal investigation described in division (A)(3) | 529 |
of this section of an employee results in an indictment based on | 530 |
the employee's use of deadly force, an attorney who represents the | 531 |
employee pursuant to division (B) of this section may continue to | 532 |
represent the employee in the criminal proceeding on any terms to | 533 |
which the attorney and employee mutually agree. Subject to section | 534 |
9.871 of the Revised Code, neither the attorney general nor the | 535 |
department of rehabilitation and correction is obligated to | 536 |
provide the employee with legal representation or to pay | 537 |
attorney's fees, expenses, or court costs incurred by the employee | 538 |
following the indictment of the employee. | 539 |
Sec. 121.05. Except as otherwise provided in this section, | 548 |
in each department, there shall be an assistant director | 549 |
designated by the director of that department. In the department | 550 |
of
health, there shall be two assistant directors, each of whom | 551 |
shall be
designated by
the director of health. In the department | 552 |
of transportation, there shall be an assistant director for | 553 |
business management, an assistant director for field operations, | 554 |
and an
assistant director for transportation policy, each
of whom | 555 |
shall be designated by the director of transportation. In the | 556 |
department of insurance, the deputy superintendent of
insurance | 557 |
shall be the assistant director. In the department of | 558 |
administrative services, there shall be two assistant directors, | 559 |
each of whom shall be designated by the director of
administrative | 560 |
services. In the department of commerce, there shall be two | 561 |
assistant directors, each of whom shall be designated by the | 562 |
director of
commerce. In the department of
humanjob and family | 563 |
services, there
may be up to two
assistant directors, each of whom | 564 |
shall be
designated by the director of
humanjob and family | 565 |
services. In each department with an assistant director,
the | 566 |
assistant
director shall act as director in the absence or | 567 |
disability of
the director and also shall act as director when the | 568 |
position of
director is vacant, except that in the department of | 569 |
transportation, the department of health, the department of | 570 |
commerce, the department of administrative
services, and the | 571 |
department of
humanjob and family services, the
director shall | 572 |
designate which
assistant director shall act as
director in the | 573 |
director's
absence. In each department without an assistant | 574 |
director, the director shall designate a deputy director to act as | 575 |
director in the absence or disability of the director. | 576 |
A director may designate any of the director's assistant | 577 |
directors or
a deputy director to serve in the director's place as | 578 |
a
member of any board,
committee, authority, or commission of | 579 |
which the director is, by
law, a member. The designee, when | 580 |
present, shall be counted in
determining whether a quorum is | 581 |
present at any meeting. The
designee may
vote and participate in | 582 |
all proceedings and actions of the board,
committee, authority, or | 583 |
commission, provided that the designee
shall not execute or cause | 584 |
a facsimile of the designee's
signature to be
placed on any | 585 |
obligation, or execute any trust agreement or
indenture. The | 586 |
designation shall be in writing, executed
by the
designating | 587 |
director, filed with the secretary of the board,
committee, | 588 |
authority, or commission, and shall be in effect until
withdrawn | 589 |
or superseded by a new designation. | 590 |
(7)(a) All presidents, business managers, administrative | 626 |
officers, superintendents, assistant superintendents, principals, | 627 |
deans, assistant deans, instructors, teachers, and such employees | 628 |
as are engaged in educational or research duties connected with | 629 |
the public school system, colleges, and universities, as | 630 |
determined by the governing body of the public school system, | 631 |
colleges, and universities; | 632 |
(9) The deputies and assistants of state agencies authorized | 644 |
to act for and
on behalf of the agency, or holding a fiduciary or | 645 |
administrative relation to
that agency and those persons employed | 646 |
by and directly responsible
to elected county officials or a | 647 |
county administrator and holding a
fiduciary or
administrative | 648 |
relationship to such elected county officials or county | 649 |
administrator, and the employees of such county officials whose | 650 |
fitness
would be
impracticable to determine by competitive | 651 |
examination, provided
that division (A)(9) of this section shall | 652 |
not affect those
persons in county employment in the classified | 653 |
service as of
September 19, 1961. Nothing in division (A)(9) of | 654 |
this section
applies to any position in a county department of job | 655 |
and
family services
created pursuant to Chapter 329. of the | 656 |
Revised
Code. | 657 |
(26) Up to five positions at each of the administrative | 728 |
departments listed in section 121.02 of the Revised Code and at | 729 |
the department
of taxation, department of the adjutant general, | 730 |
department of education,
Ohio board of regents, bureau of workers' | 731 |
compensation, industrial commission, state lottery
commission, and | 732 |
public utilities commission of Ohio that the head of
that | 733 |
administrative department or of that other state agency determines | 734 |
to be
involved in policy development and implementation. The head | 735 |
of the
administrative department or other state agency shall set | 736 |
the compensation for
employees in these positions at a rate that | 737 |
is not less than the minimum
compensation specified in pay range | 738 |
41 but not more than the maximum
compensation specified in pay | 739 |
range 44 of salary schedule E-2 in
section 124.152 of the Revised | 740 |
Code. The authority to establish positions in
the unclassified | 741 |
service under division (A)(26) of this
section is in addition to | 742 |
and does not limit any other authority that an
administrative | 743 |
department or
state agency has under the Revised Code to establish | 744 |
positions, appoint
employees, or set compensation. | 745 |
(B) The classified service shall comprise all persons in
the | 763 |
employ of the state and the several counties, cities, city
health | 764 |
districts, general health districts, and city school
districts of | 765 |
the state, not specifically included in the unclassified
service. | 766 |
Upon the creation by the board of trustees of a civil
service | 767 |
township civil service commission, the classified service
shall | 768 |
also comprise, except as otherwise provided in division
(A)(17) or | 769 |
(C) of this section, all persons in the employ of a
civil service | 770 |
township police or fire department having ten or
more full-time | 771 |
paid employees. The classified service consists
of two classes, | 772 |
which shall be designated as the competitive
class and the | 773 |
unskilled labor class. | 774 |
(1) The competitive class shall include all positions and | 775 |
employments in the state and the counties, cities, city health | 776 |
districts, general health districts, and city school districts
of | 777 |
the state, and, upon the creation by the board of trustees of a | 778 |
civil service township of a township civil service commission, all | 779 |
positions in a civil service township police or fire department | 780 |
having ten or more full-time paid employees, for which it is | 781 |
practicable to determine the merit and fitness of applicants by | 782 |
competitive examinations. Appointments shall be made to, or | 783 |
employment shall be given in, all positions in the competitive | 784 |
class that are not filled by promotion, reinstatement, transfer, | 785 |
or reduction, as provided in this chapter, and the rules of the | 786 |
director of administrative services, by appointment from those | 787 |
certified to the appointing officer in accordance with this | 788 |
chapter. | 789 |
(2) The unskilled labor class shall include ordinary | 790 |
unskilled laborers. Vacancies in the labor class for positions in | 791 |
service of the state shall be filled
by appointment from lists of | 792 |
applicants registered by the
director. Vacancies in the labor | 793 |
class for all other positions shall be filled by appointment from | 794 |
lists of applicants registered by a commission. The director or | 795 |
the commission, as applicable, by rule, shall
require
an applicant | 796 |
for registration in the labor class to furnish
evidence or take | 797 |
tests as the director or commission considers proper with
respect | 798 |
to age, residence, physical condition, ability to labor,
honesty, | 799 |
sobriety, industry, capacity, and experience in the work
or | 800 |
employment for which application is made. Laborers who
fulfill the | 801 |
requirements shall be placed on the eligible list for the kind of | 802 |
labor or employment sought, and preference shall be given in | 803 |
employment in accordance with the rating received from that | 804 |
evidence or in those tests. Upon the request of an appointing | 805 |
officer, stating the kind of labor needed, the pay and probable | 806 |
length of employment, and the number to be employed, the director | 807 |
or commission, as applicable,
shall certify from the highest on | 808 |
the list double the number to
be employed; from this number, the | 809 |
appointing officer shall
appoint the number actually needed for | 810 |
the particular work. If
more than one applicant receives the same | 811 |
rating, priority in
time of application shall determine the order | 812 |
in which their
names shall be certified for appointment. | 813 |
An appointing authority whose employees
are paid directly by | 823 |
warrant of the director of budget and management
may appoint a | 824 |
person who holds a certified position in the classified service | 825 |
within the appointing authority's agency to a position in the | 826 |
unclassified
service within that agency. A person appointed | 827 |
pursuant
to
this division to a position in the unclassified | 828 |
service shall retain the right
to resume the position and status | 829 |
held by
the person in the classified service immediately prior to | 830 |
the person's
appointment to the position in the unclassified | 831 |
service, regardless of the
number of positions the person
held in | 832 |
the unclassified service. An employee's right to resume a position | 833 |
in the classified service may only be exercised when an appointing | 834 |
authority demotes the employee to a pay range lower than the | 835 |
employee's current pay range or revokes the employee's appointment | 836 |
to the unclassified service. An employee forfeits the right to | 837 |
resume a position in the classified service when the employee is | 838 |
removed from the position in the unclassified service due to | 839 |
incompetence, inefficiency, dishonesty, drunkenness, immoral | 840 |
conduct, insubordination, discourteous treatment of the public, | 841 |
neglect of duty, violation of this chapter or the rules of the | 842 |
director of administrative services, any other failure of good | 843 |
behavior, any other acts of misfeasance, malfeasance, or | 844 |
nonfeasance in office, or conviction of a felony. An employee also | 845 |
forfeits the right to resume a position in the classified service | 846 |
upon transfer to a different agency. | 847 |
Reinstatement to a position in the
classified service shall | 848 |
be to a position substantially equal to that position
in the | 849 |
classified service held
previously, as certified by the director | 850 |
of administrative services. If the
position the person previously | 851 |
held in the classified service has been placed
in the unclassified | 852 |
service or is otherwise unavailable, the person shall be appointed | 853 |
to a
position in the classified service within the appointing | 854 |
authority's agency
that the director of administrative services | 855 |
certifies is comparable in
compensation to the position the person | 856 |
previously held in the classified
service. Service in the
position | 857 |
in the unclassified service shall be counted as service in the | 858 |
position in the classified service held by the person immediately | 859 |
prior to the
person's appointment to the position in the | 860 |
unclassified service. When a
person is reinstated
to a position in | 861 |
the classified service as provided in this division, the
person is | 862 |
entitled to all rights, status, and benefits accruing to the | 863 |
position in the classified service during the person's time of | 864 |
service in the
position in the
unclassified service. | 865 |
(2) For any county, if a county department of probation is | 896 |
established in the county or if a department of probation is | 897 |
established in a county-operated municipal court that has | 898 |
jurisdiction within the county, the board of county commissioners | 899 |
of the county shall appropriate to the county department of | 900 |
probation or municipal court department of probation all money | 901 |
that is contained in the department's account in the county | 902 |
probation services fund established in the county for use only
for | 903 |
specialized staff, purchase of equipment, purchase of
services, | 904 |
reconciliation programs for offenders and victims,
other treatment | 905 |
programs, including alcohol and drug addiction
programs certified | 906 |
under section 3793.06 of the Revised Code,
determined to be | 907 |
appropriate by the chief probation officer of
the department of | 908 |
probation, and other similar
expenses
related to
placing offenders | 909 |
under a community control
sanction. | 910 |
For any county, if the judges of the court of common pleas
of | 911 |
the county have affiliated with the judges of the court of
common | 912 |
pleas of one or more other counties and have established a | 913 |
multicounty department of probation to serve the counties, the | 914 |
board of county commissioners of the county shall appropriate and | 915 |
the county treasurer shall transfer to the multicounty probation | 916 |
services fund established for the multicounty department of | 917 |
probation under division (B) of this section all money that is | 918 |
contained in the multicounty department of probation account in | 919 |
the county probation services fund established in the county for | 920 |
use in accordance with that division. | 921 |
For any county, if a county department of probation has not | 922 |
been established in the county and if the court of common pleas
of | 923 |
the county, pursuant to section 2301.32 of the Revised Code,
has | 924 |
entered into an agreement with the adult parole authority
under | 925 |
which the court may place defendants
under a
community control | 926 |
sanction in charge
of the authority, the board
of county | 927 |
commissioners of the county
shall appropriate and the
county | 928 |
treasurer shall transfer to the
adult parole authority
probation | 929 |
services fund established under
section 5149.06 of the
Revised | 930 |
Codecourt all money that is contained
in the adult parole | 931 |
authoritycourt's account in the county probation
services fund | 932 |
established in the county for use in accordance
with section | 933 |
5149.06 of the Revised Codeonly for specialized staff, purchase | 934 |
of equipment, purchase of services, reconciliation programs for | 935 |
offenders and victims, other treatment and recovery support | 936 |
services, including properly credentialed treatment and recovery | 937 |
support services program providers or those certified under | 938 |
section 3793.06 of the
Revised Code, determined to be appropriate | 939 |
by the authority, and
other similar uses related to placing | 940 |
offenders under a community
control sanction. | 941 |
(B) If the judges of the courts of common pleas of two or | 942 |
more counties have established a multicounty department of | 943 |
probation, a multicounty probation services fund shall be | 944 |
established in the county treasury of the county whose treasurer, | 945 |
in accordance with section 2301.27 of the Revised Code, is | 946 |
designated by the judges of the courts of common pleas as the | 947 |
treasurer to whom monthly supervision fees are to be
appropriated | 948 |
and transferred under division (A)(2) of this section for deposit | 949 |
into the fund. The fund shall contain all moneys that are paid
to | 950 |
the treasurer of any member county under section 2951.021 of
the | 951 |
Revised Code for deposit into the county's probation services
fund | 952 |
and that subsequently are appropriated and transferred to
the | 953 |
multicounty probation services fund under division (A)(2) of
this | 954 |
section. The board of county commissioners of the county in
which | 955 |
the multicounty probation services fund is established
shall | 956 |
appropriate the money contained in that fund to the
multicounty | 957 |
department of probation, for use only for specialized
staff, | 958 |
purchase of equipment, purchase of services,
reconciliation | 959 |
programs for offenders and victims, other
treatment programs, | 960 |
including alcohol and drug addiction programs
certified under | 961 |
section 3793.06 of the Revised Code, determined
to be appropriate | 962 |
by the chief probation officer, and for other
similar
expenses | 963 |
related to placing offenders
under a
community control sanction. | 964 |
(B) If a physician employed by or under contract to a county, | 991 |
the department of youth services, or the department of | 992 |
rehabilitation and correction to provide medical services to | 993 |
persons confined in the county jail or state correctional | 994 |
institution determines that a person who is confined in the county | 995 |
jail or a state correctional institution or who is in the custody | 996 |
of a law enforcement officer prior to the person's confinement in | 997 |
the county jail or a state correctional institution requires | 998 |
necessary care that the physician cannot provide, the necessary | 999 |
care shall be provided by a medical provider. The county, the | 1000 |
department of youth services, or the department of rehabilitation | 1001 |
and correction shall pay a medical provider for necessary care an | 1002 |
amount not exceeding the authorized reimbursement rate for the | 1003 |
same service established by the department of job and family | 1004 |
services under the medical assistance program. | 1005 |
Sec. 1713.34. Superintendents of city hospitals, directors | 1006 |
or superintendents of city infirmaries, county homes, or other | 1007 |
charitable institutions, directors or superintendents of | 1008 |
workhouses, founded and supported in whole or in part at public | 1009 |
expense, superintendents or managing officers of state
benevolent | 1010 |
or correctional institutions,
boards of township trustees, | 1011 |
sheriffs, or coroners, in possession
of bodies not claimed or | 1012 |
identified, or which must be buried at
the expense of the state, | 1013 |
county, or township, before burial,
shall notify the professor of | 1014 |
anatomy in a college which by its
charter is empowered to teach | 1015 |
anatomy, or the secretary of the
board of embalmers and funeral | 1016 |
directors of this state, of the
fact that such bodies are being so | 1017 |
held. If after a period of
thirty-six hours the body has not been | 1018 |
accepted by friends or
relatives for burial at their expense, such | 1019 |
superintendent,
director, or other officer, on the written | 1020 |
application of such
professor, or the secretary of the board of | 1021 |
embalmers and funeral
directors, shall deliver to such professor | 1022 |
or secretary, for the
purpose of medical or surgical study or | 1023 |
dissection or for the
study of embalming, the body of any such | 1024 |
person who died in any
of such institutions from any disease which | 1025 |
is not infectious. The expense of
the delivery of the body shall | 1026 |
be borne by the
parties in whose keeping the body was placed. | 1027 |
(B) Division (A) of this section does not apply to any
person | 1042 |
who conveys or attempts to convey an item onto the grounds
of a | 1043 |
detention facility or of an institution, office building, or other | 1044 |
place under the control of
the department of mental health or, the | 1045 |
department of mental
retardation and developmental disabilities, | 1046 |
the department of youth services, or the department of | 1047 |
rehabilitation and correction pursuant to the
written | 1048 |
authorization of the person in charge of the detention
facility or | 1049 |
the institution, office building, or other place and in accordance | 1050 |
with the written
rules of the
detention facility or the | 1051 |
institution, office building, or other place. | 1052 |
(F)(E) "Community control sanction"
means a sanction that is | 1166 |
not
a prison term and that is described
in section 2929.15, | 1167 |
2929.16,
2929.17, or 2929.18 of the Revised
Code
or a sanction | 1168 |
that is not
a jail term and that is described in
section 2929.26, | 1169 |
2929.27, or
2929.28 of the Revised Code.
"Community control | 1170 |
sanction"
includes probation if the sentence involved was
imposed | 1171 |
for a
felony that was committed prior to July 1, 1996, or if
the | 1172 |
sentence involved was imposed for a misdemeanor that was committed | 1173 |
prior
to January 1, 2004. | 1174 |
(W)(V) "License violation report" means
a report that is made | 1263 |
by
a sentencing court, or by the parole board pursuant
to section | 1264 |
2967.28 of the Revised Code, to the regulatory or
licensing board | 1265 |
or agency that issued an offender a professional
license or a | 1266 |
license or permit to do business
in this state and that specifies | 1267 |
that the offender has been
convicted of or pleaded guilty to an | 1268 |
offense that may violate the
conditions under which the offender's | 1269 |
professional license or
license or permit to do business in this | 1270 |
state was granted or an offense
for which the offender's | 1271 |
professional license or license or permit to do
business in this | 1272 |
state may be revoked or suspended. | 1273 |
(X)(W) "Major drug offender" means an
offender who is | 1274 |
convicted
of or pleads guilty to the possession
of, sale of, or | 1275 |
offer to
sell any drug, compound, mixture,
preparation, or | 1276 |
substance that
consists of or contains at least
one thousand grams | 1277 |
of hashish; at
least one hundred
grams of crack cocaine; at least | 1278 |
one thousand
grams of cocaine that is not
crack cocaine; at least | 1279 |
two thousand
five hundred unit doses or two
hundred fifty grams of | 1280 |
heroin; at
least five thousand unit doses of
L.S.D. or five | 1281 |
hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, | 1282 |
or liquid
distillate form; or at least
one hundred times the | 1283 |
amount of any
other schedule I or II controlled
substance other | 1284 |
than marihuana
that is necessary to commit a
felony of the third | 1285 |
degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 | 1286 |
of the Revised
Code
that is based on the possession of, sale of, | 1287 |
or offer to sell
the
controlled substance. | 1288 |
(1) Subject to division (Y)(X)(2) of this section,
the term | 1290 |
in
prison that must be imposed for the offenses or
circumstances | 1291 |
set
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section | 1292 |
2929.13 and
division (D) of section 2929.14 of the
Revised Code. | 1293 |
Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, | 1294 |
and
2925.11 of the
Revised Code, unless the maximum or another | 1295 |
specific term is required under section 2929.14 or 2929.142 of the | 1296 |
Revised
Code, a mandatory prison term described in this division | 1297 |
may be
any prison term authorized for the level of offense. | 1298 |
(a) The device has a transmitter that can be attached to a | 1421 |
person, that will transmit a specified signal to a receiver of the | 1422 |
type described in division (VV)(UU)(1)(b) of this section if the | 1423 |
transmitter is removed from the person, turned off, or altered in | 1424 |
any manner without prior court approval in relation to electronic | 1425 |
monitoring or without prior approval of the department of | 1426 |
rehabilitation and correction in relation to the use of an | 1427 |
electronic monitoring device for an inmate on transitional control | 1428 |
or otherwise is tampered with, that can transmit continuously and | 1429 |
periodically a signal to that receiver when the person is within a | 1430 |
specified distance from the receiver, and that can transmit an | 1431 |
appropriate signal to that receiver if the person to whom it is | 1432 |
attached travels a specified distance from that receiver. | 1433 |
(WW)(VV) "Non-economic loss" means nonpecuniary harm suffered | 1469 |
by
a victim of an offense as a result of or related to the | 1470 |
commission
of the offense, including, but not limited to, pain | 1471 |
and suffering;
loss of society, consortium, companionship, care, | 1472 |
assistance,
attention, protection, advice, guidance, counsel, | 1473 |
instruction,
training, or education; mental anguish; and any | 1474 |
other intangible
loss. | 1475 |
(ZZ)(YY) A person is "adjudicated a sexually violent | 1482 |
predator" if
the person is convicted of or pleads guilty to a | 1483 |
violent sex
offense and also is convicted of or pleads guilty to | 1484 |
a sexually
violent predator specification that was included in | 1485 |
the
indictment, count in the indictment, or information charging | 1486 |
that
violent sex offense or if the person is convicted of or | 1487 |
pleads
guilty to a designated homicide, assault, or kidnapping | 1488 |
offense
and also is convicted of or pleads guilty to both a | 1489 |
sexual
motivation specification and a sexually violent predator | 1490 |
specification that were included in the indictment, count in the | 1491 |
indictment, or information charging that designated homicide, | 1492 |
assault, or kidnapping offense. | 1493 |
If the offender is eligible to be sentenced to community | 1509 |
control sanctions,
the court shall consider the
appropriateness of | 1510 |
imposing a financial sanction pursuant to
section 2929.18 of the | 1511 |
Revised Code or
a sanction of community service
pursuant to | 1512 |
section 2929.17 of the Revised Code
as the sole sanction for the | 1513 |
offense. Except as otherwise provided in this
division, if the | 1514 |
court is required
to impose a mandatory prison term for the | 1515 |
offense for which
sentence is being imposed, the court also may | 1516 |
impose a financial
sanction pursuant to section 2929.18 of the | 1517 |
Revised
Code but may not impose any additional sanction or | 1518 |
combination of sanctions under section 2929.16 or 2929.17 of the | 1519 |
Revised Code. | 1520 |
(2)(a) If the court makes a finding
described in division | 1576 |
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this | 1577 |
section and if the court, after
considering the factors set forth | 1578 |
in section 2929.12 of the
Revised Code, finds that a prison term | 1579 |
is consistent with the purposes and principles of sentencing set | 1580 |
forth in section 2929.11 of the Revised
Code and finds that the | 1581 |
offender is not amenable to an available
community control | 1582 |
sanction, the court shall impose a
prison term upon the offender. | 1583 |
(b) Except as provided in division (E), (F), or (G) of this | 1584 |
section, if the
court does not make a
finding described in | 1585 |
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of | 1586 |
this section and if the court, after
considering the factors set | 1587 |
forth in section 2929.12 of the
Revised
Code, finds that a | 1588 |
community
control sanction or combination of community control | 1589 |
sanctions
is consistent with the purposes and principles of | 1590 |
sentencing set
forth in section 2929.11 of the
Revised
Code, the | 1591 |
court shall impose a
community control sanction or combination of | 1592 |
community control
sanctions upon the offender. | 1593 |
(D)(1) Except as provided in division (E)
or (F) of this | 1602 |
section, for a felony of the first or
second degree, for a
felony | 1603 |
drug offense that is a violation
of any provision of
Chapter | 1604 |
2925., 3719., or 4729. of the
Revised Code for which a
presumption | 1605 |
in favor of
a prison term is specified as being
applicable, and | 1606 |
for a violation of division (A)(4) or (B) of section 2907.05 of | 1607 |
the Revised Code for which a presumption in favor of a prison term | 1608 |
is specified as being applicable, it is presumed
that a prison | 1609 |
term is necessary in
order to comply
with the purposes and | 1610 |
principles of sentencing
under section 2929.11 of the
Revised | 1611 |
Code. Division (D)(2) of this section does not apply to a | 1612 |
presumption established under this division for a violation of | 1613 |
division (A)(4) of section 2907.05 of the Revised Code. | 1614 |
(E)(1) Except as provided in division
(F) of this section, | 1640 |
for any drug offense that is a
violation of any provision of | 1641 |
Chapter 2925.
of the Revised Code and that is a felony of the | 1642 |
third, fourth, or fifth degree, the applicability of a
presumption | 1643 |
under division (D) of this section in favor of a prison
term or of | 1644 |
division (B) or (C) of this section in
determining
whether to | 1645 |
impose a prison term for the offense shall be
determined as | 1646 |
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, | 1647 |
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the | 1648 |
Revised Code,
whichever is applicable regarding the
violation. | 1649 |
(3) A court
that sentences an offender for a drug abuse | 1664 |
offense that is a
felony of the third, fourth, or fifth degree | 1665 |
may require that the
offender be assessed by a properly | 1666 |
credentialed professional
within a specified period of time. The | 1667 |
court shall require the
professional to file a written assessment | 1668 |
of the offender with the
court. If the offender is eligible for a | 1669 |
community control sanction and after considering the written | 1670 |
assessment, the court may
impose a community control sanction | 1671 |
that includes treatment and recovery support services
authorized | 1672 |
by section 3793.02 of the Revised Code. If the court imposes | 1673 |
treatment and recovery support services as
a community control | 1674 |
sanction, the court shall direct the level and
type of treatment | 1675 |
and recovery support services after considering the assessment and | 1676 |
recommendation of treatment and recovery support services | 1677 |
providers. | 1678 |
(1) If the offender is being sentenced for a fourth degree | 1796 |
felony
OVI offense and if the offender has not been convicted of | 1797 |
and has not pleaded guilty to a specification of the type | 1798 |
described in section 2941.1413 of the Revised Code, the court may | 1799 |
impose upon the offender a
mandatory term
of local incarceration | 1800 |
of sixty days or one hundred
twenty days as specified
in division | 1801 |
(G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall | 1802 |
not reduce the term pursuant
to
section 2929.20, 2967.193, or any | 1803 |
other provision of the
Revised
Code. The court that imposes a | 1804 |
mandatory term of local
incarceration
under this division shall | 1805 |
specify whether the term
is to be served in a
jail, a | 1806 |
community-based correctional
facility, a halfway house, or an | 1807 |
alternative residential facility,
and the
offender shall serve the | 1808 |
term in the type of facility
specified
by the court. A mandatory | 1809 |
term of local incarceration
imposed
under division (G)(1) of this | 1810 |
section is not subject to
extension
under section 2967.11 of the | 1811 |
Revised Code, to a period
of post-release control
under section | 1812 |
2967.28 of the Revised Code,
or to any other Revised Code | 1813 |
provision that pertains to a prison
term except as provided in | 1814 |
division (A)(1) of this section. | 1815 |
(2) If the offender is being sentenced for a third
degree | 1816 |
felony OVI offense,
or if the offender is being sentenced for a | 1817 |
fourth degree felony OVI
offense and the court does not impose a | 1818 |
mandatory term of local incarceration
under division (G)(1) of | 1819 |
this section, the court shall impose upon the
offender a mandatory | 1820 |
prison term of one, two, three, four, or five years if the | 1821 |
offender also is convicted of or also pleads guilty to a | 1822 |
specification of the type described in section 2941.1413 of the | 1823 |
Revised Code or shall impose upon the offender a mandatory
prison | 1824 |
term of sixty days or one hundred twenty days as specified
in | 1825 |
division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code | 1826 |
if the offender has not been convicted of and has not pleaded | 1827 |
guilty to a specification of that type. The
court shall not reduce | 1828 |
the term pursuant
to section
2929.20,
2967.193, or any other | 1829 |
provision of the Revised Code. The offender shall serve the one-, | 1830 |
two-, three-, four-, or five-year mandatory prison term | 1831 |
consecutively to and prior to the prison term imposed for the | 1832 |
underlying offense and consecutively to any other mandatory prison | 1833 |
term imposed in relation to the offense. In
no case
shall an | 1834 |
offender who once has been sentenced to a
mandatory term
of local | 1835 |
incarceration pursuant to division (G)(1)
of this section
for a | 1836 |
fourth degree felony OVI offense be
sentenced to another
mandatory | 1837 |
term of local incarceration under
that division for any
violation | 1838 |
of division
(A) of section 4511.19
of the Revised Code.
In | 1839 |
addition to the mandatory prison term described in division (G)(2) | 1840 |
of this section, the court may sentence the
offender to
a | 1841 |
community control
sanction under section 2929.16 or 2929.17 of
the | 1842 |
Revised
Code, but the offender shall serve the prison term prior | 1843 |
to serving the community control sanction.
The department of | 1844 |
rehabilitation and correction
may place an
offender
sentenced to a | 1845 |
mandatory prison term under
this division
in an intensive
program | 1846 |
prison established pursuant
to section
5120.033 of the Revised | 1847 |
Code if the department gave the
sentencing
judge prior notice of | 1848 |
its intent to
place the offender
in an
intensive program prison | 1849 |
established under that
section and
if the
judge did not notify the | 1850 |
department that the judge
disapproved the
placement. Upon the | 1851 |
establishment of the initial
intensive
program prison pursuant to | 1852 |
section 5120.033 of the
Revised Code
that is privately operated | 1853 |
and managed by a
contractor pursuant to
a contract entered into | 1854 |
under section
9.06
of the Revised Code,
both of the following | 1855 |
apply: | 1856 |
(I) If an offender is being sentenced
for a sexually
oriented | 1873 |
offense or a child-victim oriented offense committed on or
after | 1874 |
January 1,
1997, the judge
shall
include in the sentence a | 1875 |
summary of the
offender's duties imposed under sections 2950.04, | 1876 |
2950.041, 2950.05, and
2950.06 of the Revised Code and the | 1877 |
duration of the duties. The
judge shall inform the offender, at | 1878 |
the
time of sentencing, of
those duties and of their duration. If | 1879 |
required
under division
(A)(2) of section 2950.03 of
the
Revised | 1880 |
Code, the judge shall perform the
duties specified in that | 1881 |
section, or, if required under division (A)(6) of section 2950.03 | 1882 |
of the Revised Code, the judge shall perform the duties specified | 1883 |
in that division. | 1884 |
Sec. 2929.14. (A) Except as provided in
division (C), | 1915 |
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), (I), (J), or | 1916 |
(L) of
this
section and except
in relation to an offense for | 1917 |
which a
sentence
of death or life
imprisonment is to be imposed, | 1918 |
if the
court
imposing a sentence
upon an offender for a felony | 1919 |
elects or
is
required to impose a
prison term on the offender | 1920 |
pursuant to
this
chapter, the court shall
impose a definite | 1921 |
prison term that
shall
be one of the following: | 1922 |
(B) Except as provided in division (C),
(D)(1), (D)(2), | 1934 |
(D)(3), (D)(5), (D)(6), (G), (I), (J), or (L) of this section, in | 1935 |
section
2907.02 or 2907.05
of the Revised
Code, or in Chapter | 1936 |
2925. of the
Revised Code, if the court
imposing a sentence upon | 1937 |
an offender
for a felony elects or is
required to impose a prison | 1938 |
term on the
offender, the court shall
impose the shortest prison | 1939 |
term
authorized for the offense
pursuant to division (A) of this | 1940 |
section, unless
one or more
of
the following applies: | 1941 |
(c) Except as provided in division
(D)(1)(e)
of this
section, | 1989 |
if an offender who is convicted of or pleads
guilty to a
violation | 1990 |
of section 2923.161 of the
Revised
Code or to a felony
that | 1991 |
includes,
as an essential element, purposely or knowingly
causing | 1992 |
or
attempting to cause the death of or physical harm to
another, | 1993 |
also is convicted of or pleads guilty to a specification
of the | 1994 |
type described in section 2941.146 of the
Revised
Code that | 1995 |
charges the offender
with committing the offense by discharging a | 1996 |
firearm from a
motor vehicle other than a manufactured
home, the | 1997 |
court, after imposing
a prison term on the offender for the | 1998 |
violation of section
2923.161 of the Revised
Code or for the other | 1999 |
felony
offense under division (A), (D)(2), or (D)(3) of this | 2000 |
section, shall
impose an additional prison term of five years upon | 2001 |
the offender
that shall not be reduced pursuant to section | 2002 |
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 2003 |
or Chapter 5120. of the Revised Code. A
court shall not impose | 2004 |
more than one additional prison term on an offender under
division | 2005 |
(D)(1)(c) of this section for felonies committed as
part of the | 2006 |
same
act or transaction. If a court imposes an additional prison | 2007 |
term on an
offender under division (D)(1)(c) of this section | 2008 |
relative to an offense, the court also shall
impose a prison term | 2009 |
under division
(D)(1)(a) of this section
relative to the same | 2010 |
offense, provided the criteria specified in that division
for | 2011 |
imposing an additional prison term are satisfied relative to the | 2012 |
offender
and the offense. | 2013 |
(d)
If an offender who is convicted of or pleads guilty to | 2014 |
an offense
of violence that is a felony also is convicted of or | 2015 |
pleads guilty to a
specification of the type described in section | 2016 |
2941.1411 of the Revised Code that charges the
offender with | 2017 |
wearing or carrying body armor
while committing the felony offense | 2018 |
of violence, the court shall
impose on the offender a prison term | 2019 |
of two years. The prison
term so imposed shall not be reduced | 2020 |
pursuant to section 2929.20,
section 2967.193, or any other | 2021 |
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 2022 |
court shall not impose more
than one prison term
on an offender | 2023 |
under division
(D)(1)(d) of this section for
felonies committed as | 2024 |
part of
the same act or transaction. If a
court imposes an | 2025 |
additional prison
term under division (D)(1)(a)
or (c)
of this | 2026 |
section, the
court is not precluded from imposing
an additional | 2027 |
prison term under
division (D)(1)(d) of this
section. | 2028 |
(e) The court shall not impose any of the
prison terms | 2029 |
described in division
(D)(1)(a)
of this section or any of the | 2030 |
additional prison terms described in
division (D)(1)(c) of this | 2031 |
section upon an
offender for a
violation of section
2923.12 or | 2032 |
2923.123 of the Revised Code. The court shall not
impose any of | 2033 |
the prison terms described in division (D)(1)(a) or
(b) of this | 2034 |
section upon an offender for a violation of section
2923.122 that | 2035 |
involves a deadly weapon that is a firearm other
than a dangerous | 2036 |
ordnance, section 2923.16, or section 2923.121
of the Revised | 2037 |
Code. The court shall not
impose any of
the prison terms described | 2038 |
in
division
(D)(1)(a) of this section
or any of the additional | 2039 |
prison terms
described in division
(D)(1)(c) of this section
upon | 2040 |
an offender for a violation of
section 2923.13 of the
Revised Code | 2041 |
unless all of the following
apply: | 2042 |
(f) If an offender is convicted of or pleads guilty to a
| 2048 |
felony that includes, as an essential element, causing or
| 2049 |
attempting to cause
the death of or physical
harm to another and
| 2050 |
also is convicted of or pleads guilty to a
specification of the
| 2051 |
type described in section 2941.1412 of the
Revised Code that
| 2052 |
charges the
offender with committing the offense by discharging a
| 2053 |
firearm at a
peace officer as defined in section 2935.01 of the
| 2054 |
Revised Code or a corrections officer, as defined in section | 2055 |
2941.1412 of the Revised Code, the court, after imposing a
prison | 2056 |
term on the
offender for the felony offense under division (A), | 2057 |
(D)(2),
or
(D)(3) of this section, shall impose an additional | 2058 |
prison term of
seven years upon the offender that shall not be | 2059 |
reduced pursuant
to section 2929.20, section 2967.193, or any | 2060 |
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 2061 |
Code. If an
offender is convicted of or pleads guilty to two or | 2062 |
more felonies
that include, as an essential element, causing or | 2063 |
attempting to
cause the death or physical harm to another and | 2064 |
also is convicted
of or pleads guilty to a specification of the | 2065 |
type described under
division (D)(1)(f) of this section in | 2066 |
connection with two or more
of the felonies of which the offender | 2067 |
is convicted or to which the
offender pleads guilty, the | 2068 |
sentencing court shall impose on the
offender the prison term | 2069 |
specified under division (D)(1)(f) of
this section for each of | 2070 |
two of the specifications of which the
offender is convicted or | 2071 |
to which the offender pleads guilty and,
in its discretion, also | 2072 |
may impose on the offender the prison term
specified under that | 2073 |
division for any or all of the remaining
specifications.
If a | 2074 |
court
imposes an
additional prison term on
an offender under | 2075 |
division
(D)(1)(f) of
this section relative to
an offense,
the | 2076 |
court
shall not impose a
prison term under
division (D)(1)(a)
or | 2077 |
(c)
of
this section
relative to the same
offense. | 2078 |
(g) If an offender is convicted of or pleads guilty to two | 2079 |
or more felonies, if one or more of those felonies is aggravated | 2080 |
murder, murder, attempted aggravated murder, attempted murder, | 2081 |
aggravated robbery, felonious assault, or rape, and if the | 2082 |
offender is convicted of or pleads guilty to a specification of | 2083 |
the type described under division (D)(1)(a) of this section in | 2084 |
connection with two or more of the felonies, the sentencing court | 2085 |
shall impose on the offender the prison term specified under | 2086 |
division (D)(1)(a) of this section for each of the two most | 2087 |
serious specifications of which the offender is convicted or to | 2088 |
which the offender pleads guilty and, in its discretion, also may | 2089 |
impose on the offender the prison term specified under that | 2090 |
division for any or all of the remaining specifications. | 2091 |
(ii) The offense of which the offender currently is convicted | 2101 |
or to which the offender currently pleads guilty is aggravated | 2102 |
murder and the court does not impose a sentence of death or life | 2103 |
imprisonment without parole, murder, terrorism and the court does | 2104 |
not impose a sentence of life imprisonment without parole, any | 2105 |
felony of the first degree that is an offense of violence and the | 2106 |
court does not impose a sentence of life imprisonment without | 2107 |
parole, or any felony of the second degree that is an offense of | 2108 |
violence and the trier of fact finds that the offense involved an | 2109 |
attempt to cause or a threat to cause serious physical harm to a | 2110 |
person or resulted in serious physical harm to a person. | 2111 |
(iii) The offense or offenses of which the offender currently | 2149 |
is convicted or to which the offender currently pleads guilty is | 2150 |
aggravated murder and the court does not impose a sentence of | 2151 |
death or life imprisonment without parole, murder, terrorism and | 2152 |
the court does not impose a sentence of life imprisonment without | 2153 |
parole, any felony of the first degree that is an offense of | 2154 |
violence and the court does not impose a sentence of life | 2155 |
imprisonment without parole, or any felony of the second degree | 2156 |
that is an offense of violence and the trier of fact finds that | 2157 |
the offense involved an attempt to cause or a threat to cause | 2158 |
serious physical harm to a person or resulted in serious physical | 2159 |
harm to a person. | 2160 |
(3)(a) Except when an offender commits a
violation of
section | 2174 |
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 2175 |
the
violation is life imprisonment or commits a
violation of | 2176 |
section
2903.02 of the Revised Code, if the offender
commits a | 2177 |
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 2178 |
that section classifies the offender as a major drug
offender and | 2179 |
requires the
imposition of a ten-year prison term on
the offender, | 2180 |
if
the offender commits a felony violation of
section 2925.02, | 2181 |
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 2182 |
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 2183 |
division
(C) of section 4729.51, or division (J)
of section | 2184 |
4729.54
of the Revised Code that includes the sale,
offer to sell, | 2185 |
or possession of a schedule
I or II controlled
substance, with the | 2186 |
exception of
marihuana, and the
court imposing
sentence upon the | 2187 |
offender finds
that the offender is guilty of a
specification of | 2188 |
the type
described in section 2941.1410 of the
Revised Code | 2189 |
charging
that the offender is a
major drug offender,
if the court | 2190 |
imposing sentence upon an offender for
a felony
finds
that the | 2191 |
offender is guilty
of corrupt activity with the
most
serious | 2192 |
offense in the pattern
of corrupt activity being a
felony
of the | 2193 |
first degree, or if the offender is guilty of
an attempted | 2194 |
violation of section 2907.02 of the Revised Code and, had the | 2195 |
offender completed the violation of section 2907.02 of the Revised | 2196 |
Code that was attempted, the offender would have been subject to a | 2197 |
sentence of life imprisonment or life imprisonment without parole | 2198 |
for the violation of section 2907.02 of the Revised Code, the | 2199 |
court shall
impose upon
the offender for the felony violation a | 2200 |
ten-year
prison term that
cannot be reduced pursuant to section | 2201 |
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 2202 |
(b) The court imposing a prison term on an
offender under | 2203 |
division (D)(3)(a) of this
section may impose an additional prison | 2204 |
term of one, two, three,
four, five, six, seven, eight, nine, or | 2205 |
ten years, if the court,
with respect to the term imposed under | 2206 |
division
(D)(3)(a) of this section and, if
applicable, divisions | 2207 |
(D)(1) and (2) of this section,
makes both of the findings set | 2208 |
forth in divisions
(D)(2)(a)(iv) and (v) of this section. | 2209 |
(4) If the offender is being sentenced for a third or fourth | 2210 |
degree felony
OVI offense under division (G)(2) of section
2929.13 | 2211 |
of the Revised
Code,
the sentencing court shall impose
upon the | 2212 |
offender a mandatory prison term in
accordance with that
division. | 2213 |
In addition to the mandatory prison term, if the offender is being | 2214 |
sentenced for a fourth degree felony OVI offense, the court, | 2215 |
notwithstanding division (A)(4) of this section, may sentence the | 2216 |
offender to a definite prison term of not less than six months and | 2217 |
not more than thirty months, and if the offender is being | 2218 |
sentenced for a third degree felony OVI offense, the
sentencing | 2219 |
court may sentence the offender to an additional prison
term of | 2220 |
any
duration specified in division (A)(3) of this section. In | 2221 |
either case, the additional prison term imposed shall be reduced | 2222 |
by the sixty or one
hundred twenty days imposed upon the
offender | 2223 |
as the mandatory prison term.
The total of the
additional prison | 2224 |
term imposed under division (D)(4) of this
section
plus the sixty | 2225 |
or one hundred twenty days imposed as the
mandatory prison term | 2226 |
shall equal a definite term in the range of six months to thirty | 2227 |
months for a fourth degree felony OVI offense and shall equal one | 2228 |
of
the authorized prison
terms specified in division (A)(3) of | 2229 |
this section for a third degree felony OVI offense. If
the court | 2230 |
imposes an additional prison term under division (D)(4) of this | 2231 |
section, the offender shall serve the additional prison term after | 2232 |
the
offender has served the mandatory prison term required for the | 2233 |
offense. In addition to the mandatory prison term or mandatory and | 2234 |
additional prison term imposed as described in division (D)(4) of | 2235 |
this section, the
court also may sentence the offender to a | 2236 |
community
control sanction under
section 2929.16 or 2929.17 of the | 2237 |
Revised
Code, but the offender shall serve all of the prison terms | 2238 |
so imposed prior to serving the community control sanction. | 2239 |
(5) If an offender is convicted of or pleads guilty to a | 2245 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2246 |
Revised Code and also is convicted of or pleads guilty to a | 2247 |
specification of the type described in section 2941.1414 of the | 2248 |
Revised Code that charges that the victim of the offense is a | 2249 |
peace officer, as defined in section 2935.01 of the Revised Code, | 2250 |
or an investigator of the bureau of criminal identification and | 2251 |
investigation, as defined in section 2903.11 of the Revised Code, | 2252 |
the court shall impose on the offender a prison term of five | 2253 |
years. If a court imposes a prison term on an offender under | 2254 |
division (D)(5) of this section, the prison term shall not be | 2255 |
reduced pursuant to section 2929.20, section 2967.193, or any | 2256 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 2257 |
Code. A court shall not impose more than one prison term on an | 2258 |
offender under division (D)(5) of this section for felonies | 2259 |
committed as part of the same act. | 2260 |
(6) If an offender is convicted of or pleads guilty to a | 2261 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2262 |
Revised Code and also is convicted of or pleads guilty to a | 2263 |
specification of the type described in section 2941.1415 of the | 2264 |
Revised Code that charges that the offender previously has been | 2265 |
convicted of or pleaded guilty to three or more violations of | 2266 |
division (A)
or (B) of section 4511.19 of the Revised Code or an | 2267 |
equivalent
offense, as defined in section 2941.1415 of the Revised | 2268 |
Code, or three or more violations of any combination of those | 2269 |
divisions and offenses, the
court shall impose on the offender a | 2270 |
prison term of three years.
If a court imposes a prison term on an | 2271 |
offender under division
(D)(6) of this section, the prison term | 2272 |
shall not be reduced
pursuant to section 2929.20, section | 2273 |
2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 2274 |
of the Revised Code.
A
court shall not impose more than one prison | 2275 |
term on an offender
under division (D)(6) of this section for | 2276 |
felonies committed as
part of the same act. | 2277 |
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 2278 |
mandatory prison term
is imposed
upon an offender pursuant to | 2279 |
division (D)(1)(a) of this
section for having a firearm on or | 2280 |
about the offender's person or under the
offender's
control while | 2281 |
committing a felony, if a mandatory prison term
is imposed
upon an | 2282 |
offender pursuant to division (D)(1)(c) of
this section for | 2283 |
committing a felony specified in that division by discharging
a | 2284 |
firearm from a motor vehicle, or if both types of mandatory prison | 2285 |
terms
are imposed, the offender shall serve
any mandatory prison | 2286 |
term
imposed under either division
consecutively to any other | 2287 |
mandatory prison term imposed under either division
or under | 2288 |
division (D)(1)(d) of this
section,
consecutively to and prior to | 2289 |
any prison term
imposed for the underlying felony pursuant to | 2290 |
division (A),
(D)(2), or (D)(3) of this section or any other | 2291 |
section of the Revised Code, and consecutively to any other prison | 2292 |
term
or
mandatory prison term previously or subsequently imposed | 2293 |
upon the
offender. | 2294 |
(b) If a mandatory prison term is imposed upon an offender | 2295 |
pursuant to division (D)(1)(d) of this section for
wearing or | 2296 |
carrying body armor while committing an offense of violence that | 2297 |
is a felony,
the offender shall serve the mandatory
term so | 2298 |
imposed consecutively to any other mandatory prison term
imposed | 2299 |
under that division or under division (D)(1)(a)
or (c) of
this | 2300 |
section, consecutively to and prior to any prison term imposed for | 2301 |
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 2302 |
this section or any other section of the Revised Code, and | 2303 |
consecutively to any other
prison term or mandatory prison term | 2304 |
previously or subsequently
imposed upon the offender. | 2305 |
(2) If an offender who is an inmate in a jail, prison,
or | 2314 |
other residential detention facility violates section 2917.02, | 2315 |
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 2316 |
who is under detention at a detention facility commits a felony | 2317 |
violation of section 2923.131 of the Revised Code, or if an | 2318 |
offender who is an
inmate in a jail, prison, or other residential | 2319 |
detention facility or is under
detention at a detention facility | 2320 |
commits another felony while the offender is
an
escapee in | 2321 |
violation of
section 2921.34 of the Revised Code, any prison
term | 2322 |
imposed upon the offender for one of those violations
shall be | 2323 |
served by the offender consecutively to the prison term or term of | 2324 |
imprisonment the offender
was serving when the offender committed | 2325 |
that offense and to any other prison
term previously or | 2326 |
subsequently imposed upon the offender. | 2327 |
(5) If a mandatory prison term is imposed upon an offender | 2358 |
pursuant to division (D)(5) or (6) of this section, the offender | 2359 |
shall serve the mandatory prison term consecutively to and prior | 2360 |
to any prison term imposed for the underlying violation of | 2361 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 2362 |
pursuant to division (A) of this section or section 2929.142 of | 2363 |
the Revised Code. If a mandatory prison
term is imposed upon an | 2364 |
offender pursuant to division (D)(5) of
this section, and if a | 2365 |
mandatory prison term also is imposed upon
the offender pursuant | 2366 |
to division (D)(6) of this section in
relation to the same | 2367 |
violation, the offender shall serve the
mandatory prison term | 2368 |
imposed pursuant to division (D)(5) of this
section consecutively | 2369 |
to and prior to the mandatory prison term
imposed pursuant to | 2370 |
division (D)(6) of this section and
consecutively to and prior to | 2371 |
any prison term imposed for the
underlying violation of division | 2372 |
(A)(1) or (2) of section 2903.06
of the Revised Code pursuant to | 2373 |
division (A) of this section or section 2929.142 of the Revised | 2374 |
Code. | 2375 |
(F)(1) If a court imposes a prison term for a felony of the | 2380 |
first degree, for a felony of the second degree, for a felony sex | 2381 |
offense, or for a felony of the third degree that is not a felony | 2382 |
sex offense and in the commission of which the offender caused or | 2383 |
threatened to cause physical harm to a person, it shall
include in | 2384 |
the sentence a
requirement that the offender be subject
to a | 2385 |
period of
post-release control after the offender's release
from | 2386 |
imprisonment, in
accordance with that division. If a court imposes | 2387 |
a sentence including a prison term of a type described in this | 2388 |
division on or after July 11, 2006, the failure of a court to | 2389 |
include a post-release control requirement in the sentence | 2390 |
pursuant to this division does not negate, limit, or otherwise | 2391 |
affect the mandatory period of post-release control that is | 2392 |
required for the offender under division (B) of section 2967.28 of | 2393 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 2394 |
prior to July 11, 2006, a court imposed a sentence including a | 2395 |
prison term of a type described in this division and failed to | 2396 |
include in the sentence pursuant to this division a statement | 2397 |
regarding post-release control. | 2398 |
(2) If a court
imposes a prison term
for a felony of the | 2399 |
third, fourth, or fifth degree that is not subject to division | 2400 |
(F)(1) of this section, it
shall include in the sentence a | 2401 |
requirement that the
offender be
subject to a period of | 2402 |
post-release control after the
offender's release
from | 2403 |
imprisonment, in accordance with that
division, if the
parole | 2404 |
board determines that a period of
post-release control is | 2405 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 2406 |
to July 11, 2006, a court imposed a sentence including a prison | 2407 |
term of a type described in this division and failed to include in | 2408 |
the sentence pursuant to this division a statement regarding | 2409 |
post-release control. | 2410 |
(J)(1) If an offender who is convicted of or pleads guilty to | 2464 |
aggravated murder, murder, or a
felony of the first, second, or | 2465 |
third degree that is an
offense of violence also is convicted of | 2466 |
or pleads guilty to a
specification of the type described in | 2467 |
section 2941.143 of the
Revised
Code that charges the offender | 2468 |
with having committed the offense in a school safety
zone or | 2469 |
towards a person in a school safety zone, the court shall impose | 2470 |
upon the offender an additional prison term of two years. The | 2471 |
offender shall
serve the additional two years consecutively to and | 2472 |
prior to the prison term
imposed for the underlying offense. | 2473 |
(ii) If the offender previously has been convicted of or | 2483 |
pleaded guilty to one or more felony or misdemeanor violations of | 2484 |
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 2485 |
Revised Code and also was convicted of or pleaded guilty to a | 2486 |
specification of the type described in section 2941.1421 of the | 2487 |
Revised Code regarding one or more of those violations, an | 2488 |
additional prison term of one, two, three, four, five, six, seven, | 2489 |
eight, nine, ten, eleven, or twelve months. | 2490 |
(b) In lieu of imposing an additional prison term under | 2491 |
division (J)(2)(a) of this section, the court may directly impose | 2492 |
on the offender a sanction that requires the offender to wear a | 2493 |
real-time processing, continual tracking electronic monitoring | 2494 |
device during the period of time specified by the court. The | 2495 |
period of time specified by the court shall equal the duration of | 2496 |
an additional prison term that the court could have imposed upon | 2497 |
the offender under division (J)(2)(a) of this section. A sanction | 2498 |
imposed under this division shall commence on the date specified | 2499 |
by the court, provided that the sanction shall not commence until | 2500 |
after the offender has served the prison term imposed for the | 2501 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 2502 |
of the Revised Code and any residential sanction imposed for the | 2503 |
violation under section 2929.16 of the Revised Code. A sanction | 2504 |
imposed under this division shall be considered to be a community | 2505 |
control sanction for purposes of section 2929.15 of the Revised | 2506 |
Code, and all provisions of the Revised Code that pertain to | 2507 |
community control sanctions shall apply to a sanction imposed | 2508 |
under this division, except to the extent that they would by their | 2509 |
nature be clearly inapplicable. The offender shall pay all costs | 2510 |
associated with a sanction imposed under this division, including | 2511 |
the cost of the use of the monitoring device. | 2512 |
(K) At the time of sentencing, the court
may recommend the | 2513 |
offender for
placement in a program of shock incarceration
under | 2514 |
section 5120.031 of the Revised Code or for
placement
in an | 2515 |
intensive program prison
under
section 5120.032 of the Revised | 2516 |
Code, disapprove placement of the
offender in a program of shock | 2517 |
incarceration or
an intensive
program
prison
of that nature, or | 2518 |
make
no recommendation on placement of
the offender.
In no case | 2519 |
shall
the department of rehabilitation and correction place the | 2520 |
offender
in a program or prison of that nature unless the | 2521 |
department
determines as specified in section 5120.031 or 5120.032 | 2522 |
of the
Revised Code, whichever is applicable, that the offender is | 2523 |
eligible for the placement. | 2524 |
If the court does not make a recommendation under this | 2541 |
division with
respect to an
offender
and if the
department | 2542 |
determines as specified in section 5120.031 or 5120.032
of the | 2543 |
Revised Code, whichever is applicable, that the offender is | 2544 |
eligible for placement in a program or prison of that nature, the | 2545 |
department shall screen the offender and
determine if there is an | 2546 |
available program of shock incarceration or an
intensive program | 2547 |
prison for which the offender is suited. If there is an
available | 2548 |
program of shock incarceration or an intensive program prison for | 2549 |
which the offender is suited, the department shall notify the | 2550 |
court of the
proposed placement of the offender
as specified in | 2551 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 2552 |
with the notice a brief
description of the placement. The court | 2553 |
shall have ten days from receipt of
the notice to disapprove the | 2554 |
placement. | 2555 |
(B) A person on release who by committing a felony
violates | 2564 |
any condition of parole,
any post-release control
sanction, or | 2565 |
any conditions
described in
division (A) of section
2967.131 of | 2566 |
the Revised Code
that are
imposed upon the person
may be | 2567 |
prosecuted for the new
felony.
Upon the person's
conviction of or | 2568 |
plea of guilty to the newa felony by a person on post-release | 2569 |
control at the time of the commission of the felony, the
court | 2570 |
shall impose sentence
for the new felony, the court may
terminate | 2571 |
the term of
post-release control if the person is a
releasee, and | 2572 |
the court may
do
either or
both of the following for
a person who | 2573 |
is either a
releasee or parolee regardless of whether
the | 2574 |
sentencing court
or
another court of this state imposed the | 2575 |
original prison term
for
which the person is on parole or is | 2576 |
serving a term of
post-release
control: | 2577 |
(1) In addition to any prison term for the new felony,
impose | 2578 |
a prison term for the post-release control violation. If the | 2579 |
person is a
releasee, theThe maximum prison term for
the | 2580 |
violation shall be the
greater of
twelve months or the period
of | 2581 |
post-release control for
the
earlier felony minus any time the | 2582 |
releaseeperson has spent under
post-release control for the | 2583 |
earlier
felony. In all cases,
any prison term imposed for the | 2584 |
violation shall be
reduced by
any
prison term that is | 2585 |
administratively imposed by the
parole
board
or adult parole | 2586 |
authority as a post-release control
sanction. In
all cases, aA | 2587 |
prison term imposed for the violation
shall be served | 2588 |
consecutively to any prison term imposed for the
new felony. If | 2589 |
the person is a releasee, The imposition of a prison term imposed | 2590 |
for the post-release control violation, and a prison term imposed | 2591 |
for the new felony,
shall not count as, or be credited toward, | 2592 |
terminate the remaining period of
post-release
control imposed | 2593 |
for the earlier felony. | 2594 |
Sec. 2929.15. (A)(1) If in sentencing an offender for a | 2599 |
felony the court is
not required to impose a prison term, a | 2600 |
mandatory prison term, or a
term of life imprisonment upon the | 2601 |
offender, the court may directly impose a
sentence that consists | 2602 |
of one or more community
control sanctions
authorized pursuant to | 2603 |
section 2929.16, 2929.17, or 2929.18 of
the Revised Code. If the | 2604 |
court is sentencing an offender for a fourth
degree felony
OVI | 2605 |
offense under division
(G)(1) of section 2929.13 of the
Revised | 2606 |
Code, in addition to the
mandatory term of local
incarceration | 2607 |
imposed under that division and the
mandatory fine
required by | 2608 |
division (B)(3) of section
2929.18 of the Revised
Code, the court | 2609 |
may impose upon the offender a
community control
sanction or | 2610 |
combination of community control sanctions in
accordance with | 2611 |
sections 2929.16 and 2929.17 of the Revised Code.
If the court is | 2612 |
sentencing an offender for a third or fourth degree felony OVI | 2613 |
offense under division (G)(2) of section 2929.13 of the Revised | 2614 |
Code, in addition to the mandatory prison term or mandatory prison | 2615 |
term and additional prison term imposed under that division, the | 2616 |
court also may impose upon the offender a community control | 2617 |
sanction or combination of community control sanctions under | 2618 |
section 2929.16 or 2929.17 of the Revised Code, but the offender | 2619 |
shall serve all of the prison terms so imposed prior to serving | 2620 |
the community control sanction. | 2621 |
The duration of
all community
control sanctions imposed upon | 2622 |
an
offender under
this division shall not
exceed
five years.
If | 2623 |
the
offender
absconds or otherwise leaves the jurisdiction of the | 2624 |
court
in
which the offender resides without obtaining permission | 2625 |
from the
court or
the offender's probation officer to leave the | 2626 |
jurisdiction of the court, or if
the offender is confined in any | 2627 |
institution for the commission of any offense
while under a | 2628 |
community control sanction, the period of the community control | 2629 |
sanction ceases to run until the offender is brought before the | 2630 |
court for its
further action.
If the court sentences the offender | 2631 |
to one or more nonresidential
sanctions under section 2929.17 of | 2632 |
the Revised Code, the court shall impose
as a condition of
the | 2633 |
nonresidential sanctions that, during the period of the sanctions, | 2634 |
the
offender must abide by the law and must not leave the state | 2635 |
without the
permission of the court or the offender's probation | 2636 |
officer. The court
may impose any
other conditions of release | 2637 |
under a community control sanction that the court
considers | 2638 |
appropriate, including, but not limited to, requiring that the | 2639 |
offender not ingest or be injected with a drug of abuse and submit | 2640 |
to random
drug testing as provided in division (D) of this section | 2641 |
to determine whether
the offender ingested or was injected with a | 2642 |
drug of abuse and requiring that
the results of the drug test | 2643 |
indicate that the offender did not ingest or was
not injected with | 2644 |
a drug of abuse. | 2645 |
(2)(a) If a court sentences an offender to any community | 2646 |
control sanction
or combination of community control sanctions | 2647 |
authorized
pursuant to section 2929.16, 2929.17, or 2929.18 of the | 2648 |
Revised Code, the
court shall place the offender under the general | 2649 |
control and
supervision of a department of probation in the county | 2650 |
that
serves the court for purposes of reporting to the court a | 2651 |
violation of any condition of the sanctions, any condition of | 2652 |
release under a
community control sanction imposed by the court, a | 2653 |
violation of law, or the
departure of the offender from this state | 2654 |
without the
permission of the court or the offender's probation | 2655 |
officer. Alternatively,
if
the offender resides in another county | 2656 |
and a county department of probation
has been
established in that | 2657 |
county or that county is served by a multicounty probation | 2658 |
department established under section 2301.27 of the Revised
Code, | 2659 |
the court may request the
court of common pleas of that county to | 2660 |
receive the offender into the general
control and supervision
of | 2661 |
that county or multicounty department of probation for
purposes of | 2662 |
reporting to the court a violation of any condition of the | 2663 |
sanctions, any condition of release under a community control | 2664 |
sanction
imposed by the court, a violation of law, or the | 2665 |
departure of the offender from this state without the permission | 2666 |
of the court
or the offender's probation officer, subject to the | 2667 |
jurisdiction of
the trial judge over
and with respect to the | 2668 |
person of the offender, and to the rules
governing that department | 2669 |
of probation. | 2670 |
(b) If the court imposing sentence upon an offender
sentences | 2680 |
the offender to
any community control sanction or
combination of | 2681 |
community control sanctions authorized pursuant
to
section | 2682 |
2929.16, 2929.17, or 2929.18 of the
Revised Code, and if
the | 2683 |
offender
violates any condition of the sanctions,
any
condition of | 2684 |
release under a community control sanction imposed by
the
court, | 2685 |
violates any law, or departs the state without the
permission of | 2686 |
the
court
or the offender's probation officer, the
public or | 2687 |
private person or
entity that operates or administers
the sanction | 2688 |
or the program
or activity that comprises the
sanction shall | 2689 |
report the
violation or departure directly to the
sentencing | 2690 |
court, or shall
report the
violation or departure to
the county or | 2691 |
multicounty department of
probation
with general
control and | 2692 |
supervision over the offender under
division (A)(2)(a)
of this | 2693 |
section or the officer of that department who
supervises
the | 2694 |
offender, or, if there is no such department with general
control | 2695 |
and supervision over the offender under that division,
to
the | 2696 |
adult parole authority. If the public or private person
or
entity | 2697 |
that operates or administers the sanction or the
program or | 2698 |
activity that comprises the sanction reports the
violation or | 2699 |
departure to the county or multicounty department of
probation
or | 2700 |
the adult parole authority, the department's or authority's | 2701 |
officers may treat the offender as if the offender were on | 2702 |
probation and
in violation of the probation, and shall report the | 2703 |
violation of
the condition of the sanction, any condition of | 2704 |
release under a community
control sanction imposed by the court, | 2705 |
the violation of law, or
the departure from the state without the | 2706 |
required permission to the
sentencing court. | 2707 |
(3) If an offender who is eligible for community control | 2708 |
sanctions under this section admits to being drug addicted or the | 2709 |
court has reason to believe that the offender is drug addicted, | 2710 |
and if the offense for which the offender is being sentenced was | 2711 |
related to the addiction, the court may require that the offender | 2712 |
be assessed by a properly credentialed professional within a | 2713 |
specified period of time and shall require the professional to | 2714 |
file a
written assessment of the offender with the court. If a | 2715 |
court
imposes treatment and recovery support services as a | 2716 |
community control sanction, the court shall
direct the level and | 2717 |
type of treatment and recovery support services after | 2718 |
consideration of the
written assessment, if available at the time | 2719 |
of sentencing, and recommendations of the professional and other | 2720 |
treatment and recovery support services providers. | 2721 |
(4) If an assessment completed pursuant to division (A)(3) of | 2722 |
this section indicates that the offender is addicted to drugs or | 2723 |
alcohol, the court may include in any community control sanction | 2724 |
imposed for a violation of section 2925.02, 2925.03, 2925.04, | 2725 |
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or | 2726 |
2925.37 of the Revised Code a requirement that the offender | 2727 |
participate in a treatment and recovery support services program | 2728 |
certified under section 3793.06
of the Revised Code or offered by | 2729 |
another properly credentialed program provider. | 2730 |
(B) If the conditions of a community control
sanction are | 2731 |
violated or if the
offender violates a law or leaves the state | 2732 |
without the permission of the
court or the offender's probation | 2733 |
officer, the sentencing court may
impose a longer time under the | 2734 |
same sanction if the total time under the
sanctions does not | 2735 |
exceed the five-year limit specified in
division (A) of this | 2736 |
section, may impose a more
restrictive sanction under section | 2737 |
2929.16, 2929.17, or 2929.18 of the Revised
Code, or may impose a | 2738 |
prison term on the offender pursuant to
section 2929.14 of the | 2739 |
Revised Code. The prison
term, if any, imposed upon a violator | 2740 |
pursuant to this division
shall be within the range of prison | 2741 |
terms available for the
offense for which the sanction that was | 2742 |
violated was imposed and
shall not exceed the prison term | 2743 |
specified in the notice provided
to the offender at the sentencing | 2744 |
hearing pursuant to division
(B)(3) of section 2929.19 of the | 2745 |
Revised
Code. The court may reduce the longer period of time
that | 2746 |
the offender is required to spend under the longer sanction,
the | 2747 |
more restrictive sanction, or a prison term imposed pursuant
to | 2748 |
this division by the time the offender successfully spent
under | 2749 |
the sanction that was initially imposed. | 2750 |
(3) A laboratory or entity that has entered into a contract | 2778 |
pursuant to section 341.26, 753.33, or 5120.63 of the
Revised Code | 2779 |
shall perform the random
drug tests under division (D)(1) of this | 2780 |
section in accordance with
the applicable standards that
are | 2781 |
included in the terms of that contract. A public laboratory shall | 2782 |
perform
the random drug tests under division (D)(2) of this | 2783 |
section in
accordance with the standards set
forth in the policies | 2784 |
and procedures established by the department of
rehabilitation and | 2785 |
correction pursuant to section 5120.63 of the Revised Code. An | 2786 |
offender
who is required under division
(A)(1) of this section to | 2787 |
submit to random drug testing as a condition of release under a | 2788 |
community control sanction and whose test results indicate that | 2789 |
the offender
ingested or was injected with a drug of abuse shall | 2790 |
pay the fee for the drug
test if the department of probation or | 2791 |
the adult parole authority that has
general control and | 2792 |
supervision of the offender requires payment of a fee. A | 2793 |
laboratory or entity that performs the random drug testing on an | 2794 |
offender under division (D)(1) or (2) of this section shall | 2795 |
transmit
the results of the drug test
to the appropriate | 2796 |
department of probation or the adult parole
authority that has | 2797 |
general control and supervision of the
offender under division | 2798 |
(A)(2)(a) of
this section. | 2799 |
Sec. 2929.17. Except as provided in this section, the court | 2800 |
imposing a sentence for a
felony
upon an offender who is not | 2801 |
required to serve a mandatory
prison
term may impose any | 2802 |
nonresidential sanction or combination
of
nonresidential sanctions | 2803 |
authorized under this section.
If the
court imposes one or more | 2804 |
nonresidential sanctions authorized
under
this section, the court | 2805 |
shall impose
as a condition of the
sanction that, during the | 2806 |
period of the nonresidential
sanction,
the offender shall abide by | 2807 |
the law and shall not leave the state
without the permission of | 2808 |
the court or the offender's probation
officer. | 2809 |
The court imposing a sentence for a fourth degree felony
OVI | 2810 |
offense under division (G)(1) or (2)
of section 2929.13 of the | 2811 |
Revised
Code or for a third degree felony OVI offense under | 2812 |
division (G)(2) of that section may impose upon the offender, in | 2813 |
addition to the
mandatory
term of local incarceration or mandatory | 2814 |
prison term imposed under the applicable
division,
a | 2815 |
nonresidential
sanction or combination of nonresidential
sanctions | 2816 |
under this section, and
the offender shall serve or
satisfy the | 2817 |
sanction or combination of sanctions
after the
offender has served | 2818 |
the mandatory term of local incarceration or mandatory prison term | 2819 |
required for the
offense. The court shall not impose a term in a | 2820 |
drug treatment program as described in division (D) of this | 2821 |
section until after considering an assessment by a properly | 2822 |
credentialed treatment professional, if available. Nonresidential | 2823 |
sanctions
include, but
are not
limited
to, the following: | 2824 |
(N) If the offense is a violation of section 2919.25 or a | 2853 |
violation of section 2903.11, 2903.12, or 2903.13 of the Revised | 2854 |
Code involving a person who was a family or household member at | 2855 |
the
time of the violation, if the offender committed the offense | 2856 |
in the vicinity
of one or more children who are not victims of the | 2857 |
offense, and if the
offender or the victim of the offense is a | 2858 |
parent, guardian, custodian, or
person in loco parentis of one or | 2859 |
more of those children, a requirement that
the
offender obtain | 2860 |
counseling. This division does not limit the
court in requiring | 2861 |
the offender to obtain counseling for any offense or in any | 2862 |
circumstance not specified in this division. | 2863 |
Sec. 2929.19. (A) The court shall hold a sentencing
hearing | 2864 |
before imposing a sentence
under this chapter upon an
offender who | 2865 |
was convicted of or
pleaded guilty to a felony and
before | 2866 |
resentencing an offender
who was convicted of or pleaded
guilty to | 2867 |
a felony and whose case
was remanded pursuant to section
2953.07 | 2868 |
or 2953.08 of the Revised
Code. At the hearing, the
offender, the | 2869 |
prosecuting attorney, the victim or
the victim's
representative in | 2870 |
accordance with section 2930.14 of
the Revised
Code, and, with the | 2871 |
approval of the
court, any other person may
present information | 2872 |
relevant to the
imposition of sentence in the
case. The court | 2873 |
shall inform the
offender of the verdict of the
jury or finding of | 2874 |
the court and
ask the offender whether the
offender has anything | 2875 |
to say as to why
sentence should not be
imposed upon the offender. | 2876 |
(a) Unless the offense is a violent sex offense or designated | 2887 |
homicide, assault, or kidnapping offense for
which
the court is | 2888 |
required to impose sentence pursuant to
division (G) of
section | 2889 |
2929.14 of the Revised Code, if it imposes
a prison term for a | 2890 |
felony
of the fourth or fifth degree or for a
felony drug
offense | 2891 |
that is a violation of a provision of
Chapter
2925. of the Revised | 2892 |
Code and that is specified as
being subject
to division (B)
of | 2893 |
section 2929.13 of the Revised Code for
purposes of
sentencing, | 2894 |
its reasons for imposing the prison term,
based upon the | 2895 |
overriding purposes and principles of felony
sentencing set
forth | 2896 |
in section 2929.11 of the Revised Code, and
any factors
listed in | 2897 |
divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code | 2898 |
that it found to apply relative to the
offender. | 2899 |
(b) Notify the offender that, as part of the sentence,
the | 2930 |
parole board may extend the stated prison term for certain | 2931 |
violations of
prison rules for up to
one-half of the stated prison | 2932 |
termIn addition to any other information, include in the | 2933 |
sentencing entry the name and section reference to the offense or | 2934 |
offenses, the sentence or sentences imposed and whether the | 2935 |
sentence or sentences contain mandatory prison terms, if sentences | 2936 |
are imposed for multiple counts whether the sentences are to be | 2937 |
served concurrently or consecutively, and the name and section | 2938 |
reference of any specification or specifications for which | 2939 |
sentence is imposed and the sentence or sentences imposed for the | 2940 |
specification or specifications; | 2941 |
(c) Notify the offender that the offender will be supervised | 2942 |
under section 2967.28 of the Revised Code after the offender | 2943 |
leaves prison if
the
offender is
being sentenced for a
felony of | 2944 |
the first degree or second
degree, for a felony
sex offense, or | 2945 |
for a felony of the third degree that is not a felony sex offense | 2946 |
and in the commission of which
the
offender caused or threatened | 2947 |
to cause physical harm to a person. If a court imposes a sentence | 2948 |
including a prison term of a type described in division (B)(3)(c) | 2949 |
of this section on or after July 11, 2006, the failure of a court | 2950 |
to notify the offender pursuant to division (B)(3)(c) of this | 2951 |
section that the offender will be supervised under section 2967.28 | 2952 |
of the Revised Code after the offender leaves prison or to include | 2953 |
in the judgment of conviction entered on the journal a statement | 2954 |
to that effect does not negate, limit, or otherwise affect the | 2955 |
mandatory period of supervision that is required for the offender | 2956 |
under division (B) of section 2967.28 of the Revised Code. Section | 2957 |
2929.191 of the Revised Code applies if, prior to July 11, 2006, a | 2958 |
court imposed a sentence including a prison term of a type | 2959 |
described in division (B)(3)(c) of this section and failed to | 2960 |
notify the offender pursuant to division (B)(3)(c) of this section | 2961 |
regarding post-release control or to include in the judgment of | 2962 |
conviction entered on the journal or in the sentence a statement | 2963 |
regarding post-release control. | 2964 |
(d) Notify the offender that the offender may be supervised | 2965 |
under section 2967.28 of the Revised Code after the offender | 2966 |
leaves prison if
the
offender is being sentenced for a
felony of | 2967 |
the third, fourth, or fifth degree that is not subject to
division | 2968 |
(B)(3)(c) of this section. Section 2929.191 of the Revised Code | 2969 |
applies if, prior to July 11, 2006, a court imposed a sentence | 2970 |
including a prison term of a type described in division (B)(3)(d) | 2971 |
of this section and failed to notify the offender pursuant to | 2972 |
division (B)(3)(d) of this section regarding post-release control | 2973 |
or to include in the judgment of conviction entered on the journal | 2974 |
or in the sentence a statement regarding post-release control. | 2975 |
(e) Notify the offender that, if a
period of supervision is | 2976 |
imposed following
the
offender's release from prison, as described | 2977 |
in division
(B)(3)(c) or (d) of this
section, and if the offender | 2978 |
violates that supervision or a condition of
post-release control | 2979 |
imposed under division (B) of section 2967.131 of the
Revised | 2980 |
Code, the parole board may
impose a prison
term, as part of the | 2981 |
sentence, of up to one-half of the stated
prison term originally | 2982 |
imposed
upon the offender. If a court imposes a sentence including | 2983 |
a prison term on or after July 11, 2006, the failure of a court to | 2984 |
notify the offender pursuant to division (B)(3)(e) of this section | 2985 |
that the parole board may impose a prison term as described in | 2986 |
division (B)(3)(e) of this section for a violation of that | 2987 |
supervision or a condition of post-release control imposed under | 2988 |
division (B) of section 2967.131 of the Revised Code or to include | 2989 |
in the judgment of conviction entered on the journal a statement | 2990 |
to that effect does not negate, limit, or otherwise affect the | 2991 |
authority of the parole board to so impose a prison term for a | 2992 |
violation of that nature if, pursuant to division (D)(1) of | 2993 |
section 2967.28 of the Revised Code, the parole board notifies the | 2994 |
offender prior to the offender's release of the board's authority | 2995 |
to so impose a prison term. Section 2929.191 of the Revised Code | 2996 |
applies if, prior to July 11, 2006, a court imposed a sentence | 2997 |
including a prison term and failed to notify the offender pursuant | 2998 |
to division (B)(3)(e) of this section regarding the possibility of | 2999 |
the parole board imposing a prison term for a violation of | 3000 |
supervision or a condition of post-release control. | 3001 |
(5) If the sentencing court determines at the
sentencing | 3045 |
hearing that a community control sanction should be
imposed and | 3046 |
the court is not prohibited from imposing a community control | 3047 |
sanction, the court shall impose a community control sanction.
The | 3048 |
court shall notify the offender that, if the conditions of the | 3049 |
sanction are violated, if
the offender commits a violation of any | 3050 |
law, or if the offender leaves this
state without the permission | 3051 |
of the court or the offender's probation
officer, the court
may | 3052 |
impose a longer time under
the same sanction, may impose a more | 3053 |
restrictive sanction, or may
impose a prison term on the offender | 3054 |
and shall indicate the
specific prison term that may be imposed as | 3055 |
a sanction for the
violation, as selected by the court from the | 3056 |
range of prison
terms for the offense pursuant to section 2929.14 | 3057 |
of the
Revised Code. | 3058 |
(7) If the sentencing court sentences the offender to a | 3063 |
sanction of confinement pursuant to section 2929.14 or 2929.16 of | 3064 |
the Revised Code that is to be served in a local detention | 3065 |
facility, as defined in section
2929.36 of the Revised
Code, and | 3066 |
if the local detention facility is covered by a policy
adopted | 3067 |
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23, | 3068 |
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code | 3069 |
and section 2929.37 of the Revised Code, both of the
following | 3070 |
apply: | 3071 |
(8) The failure of the court to notify the offender that a | 3086 |
prison term is a mandatory prison term pursuant to division | 3087 |
(B)(3)(a) of this section or to include in the sentencing entry | 3088 |
any information required by division (B)(3)(b) of this section | 3089 |
does not affect the validity of the imposed sentence or sentences. | 3090 |
If the sentencing court notifies the offender at the sentencing | 3091 |
hearing that a prison term is mandatory but the sentencing entry | 3092 |
does not specify that the prison term is mandatory, the court may | 3093 |
complete a corrected
journal entry and send copies of the | 3094 |
corrected entry to the
offender and the department of | 3095 |
rehabilitation and correction, or,
at the request of the state, | 3096 |
the court shall complete a corrected journal entry and send copies | 3097 |
of the
corrected entry to the offender and department of | 3098 |
rehabilitation
and correction. | 3099 |
(C)(1) If the offender is being sentenced for a fourth
degree | 3100 |
felony
OVI offense under division (G)(1) of
section
2929.13
of the | 3101 |
Revised Code, the court shall impose the mandatory
term
of
local | 3102 |
incarceration in accordance with that division,
shall impose
a | 3103 |
mandatory fine
in accordance with division (B)(3)
of section | 3104 |
2929.18 of the Revised Code,
and, in addition, may
impose | 3105 |
additional sanctions as specified in sections
2929.15,
2929.16, | 3106 |
2929.17, and 2929.18 of the Revised Code. The court
shall
not | 3107 |
impose a prison term on the offender except that the court may | 3108 |
impose a prison term upon the offender as provided in division | 3109 |
(A)(1) of section 2929.13 of the Revised Code. | 3110 |
(2) If the offender is being sentenced for a third or fourth | 3111 |
degree felony
OVI offense under division (G)(2) of
section
2929.13 | 3112 |
of the Revised Code, the court shall impose the mandatory
prison | 3113 |
term in accordance with that
division, shall impose a
mandatory | 3114 |
fine in accordance with division (B)(3) of
section
2929.18 of the | 3115 |
Revised Code, and, in addition, may impose an
additional prison | 3116 |
term as specified in section 2929.14 of the
Revised Code.
In | 3117 |
addition to the mandatory prison term or mandatory prison term and | 3118 |
additional prison term the court imposes, the
court also may | 3119 |
impose a community control
sanction on the
offender, but the | 3120 |
offender shall serve all of the prison terms so imposed prior to | 3121 |
serving the community control sanction. | 3122 |
(C)(D) Upon receipt of a timely motion for
judicial release | 3193 |
filed by an eligible offender under division
(B)(C) of this | 3194 |
section
or upon the sentencing court's own
motion made within the | 3195 |
appropriate time period specified in that
division, the court may | 3196 |
deny the motion without a hearing or
schedule a hearing on the | 3197 |
motion. The
court may deny the motion
without a hearing but shall | 3198 |
not grant
the motion without a
hearing. If a court denies
a motion | 3199 |
without a hearing, the court later
may
consider a subsequent | 3200 |
judicial release for that eligible
offender on its own motion
or a | 3201 |
subsequent motion filed by that
eligible
offender unless the court | 3202 |
denies the motion with prejudice. If a
court denies a motion with | 3203 |
prejudice, the court may later consider
judicial release on its | 3204 |
own motion. If a court denies a motion after a hearing,
the
court | 3205 |
shall
not
consider a subsequent motion for that eligible
offender. | 3206 |
The court shall
hold only one hearing for any eligible
offender. | 3207 |
(D)(E) If a court schedules a hearing under division (C)(D) | 3216 |
of
this
section, the court
shall notify the eligible offender of | 3217 |
the
hearing and shall notify the head of the state
correctional | 3218 |
institution in which the eligible offender is confined of the | 3219 |
hearing prior to the hearing. The head of the state correctional | 3220 |
institution immediately shall notify the appropriate person at the | 3221 |
department of rehabilitation and correction of the hearing, and | 3222 |
the department within twenty-four hours after receipt of the | 3223 |
notice, shall post on the database it maintains pursuant to | 3224 |
section 5120.66 of the Revised Code the offender's name and all of | 3225 |
the information specified in division (A)(1)(c)(i) of that | 3226 |
section. If the
court schedules a hearing for judicial release, | 3227 |
the court promptly
shall give notice of the hearing to the | 3228 |
prosecuting attorney of
the county in which the eligible offender | 3229 |
was indicted. Upon
receipt of the notice from the court, the | 3230 |
prosecuting attorney
shall notify the victim of the offense for | 3231 |
which the stated prison
term was imposed or the victim's | 3232 |
representative, pursuant to
section 2930.16 of the
Revised Code, | 3233 |
of the hearing. | 3234 |
(G) Prior to the date of the hearing on a
motion for
judicial | 3239 |
release under this section, the head of the
state
correctional | 3240 |
institution in which the eligible
offender in
question is confined | 3241 |
shall send to the court a report
on the
eligible offender's | 3242 |
conduct in the institution and in any
institution from which the | 3243 |
eligible offender may have been
transferred. The report shall | 3244 |
cover the eligible offender's
participation in school, vocational | 3245 |
training, work, treatment,
and
other rehabilitative activities and | 3246 |
any disciplinary action
taken
against the eligible offender. The | 3247 |
report shall be made
part of
the record of the hearing. | 3248 |
(G)(I) At the hearing on a motion for judicial
release under | 3258 |
this section, the court shall afford the eligible
offender and the | 3259 |
eligible offender's attorney an
opportunity to
present written | 3260 |
and, if present, oral information relevant to the
motion and shall | 3261 |
afford the eligible
offender, if present, and the eligible | 3262 |
offender's attorney an
opportunity to present oral information | 3263 |
relevant
to the motion.
The court shall afford a similar | 3264 |
opportunity to the
prosecuting
attorney, the victim or the | 3265 |
victim's representative,
as defined in
section 2930.01 of the | 3266 |
Revised
Code, and any other person the
court determines is
likely | 3267 |
to present additional relevant
information. The court
shall | 3268 |
consider any statement of a victim
made pursuant to section | 3269 |
2930.14 or 2930.17 of the Revised Code,
any
victim impact | 3270 |
statement prepared pursuant to section 2947.051
of
the Revised | 3271 |
Code, and any report made under division (E)(G) of
this section. | 3272 |
The court may consider any written statement of any
person | 3273 |
submitted to the court pursuant to division (J)(L) of this | 3274 |
section. After ruling on the motion,
the court shall notify
the | 3275 |
victim of the ruling in accordance
with sections 2930.03 and | 3276 |
2930.16 of the Revised
Code. | 3277 |
(I)(K) If the court grants a motion for judicial
release | 3302 |
under
this section, the court shall order the release of
the | 3303 |
eligible
offender, shall place the eligible offender under an | 3304 |
appropriate
community control
sanction, under appropriate | 3305 |
community control
conditions, and under the
supervision of the | 3306 |
department of
probation
serving the court, and shall reserve the | 3307 |
right to
reimpose the sentence that
it reduced pursuant to the | 3308 |
judicial
release if the offender violates the
sanction. If the | 3309 |
court
reimposes the reduced sentence pursuant to this
reserved | 3310 |
right, it
may do so either concurrently with, or consecutive to, | 3311 |
any
new
sentence imposed upon the eligible offender as a result of | 3312 |
the
violation
that is a new offense.
The period of the community | 3313 |
control sanction
shall be
no longer than five years. The court,
in | 3314 |
its
discretion, may reduce the period of the community control | 3315 |
sanction by the
amount of time the eligible
offender spent in jail | 3316 |
or prison
for the offense and in prison. If the
court made any | 3317 |
findings
pursuant to division (H)(J)(1) of
this section, the court | 3318 |
shall
serve
a copy of the findings upon
counsel for the parties | 3319 |
within
fifteen
days after the date on
which the court grants the | 3320 |
motion
for
judicial release. | 3321 |
(J)(L) In addition to and independent of the right of a | 3331 |
victim to make a statement pursuant to section 2930.14, 2930.17, | 3332 |
or 2946.051 of the Revised Code and any right of a person to | 3333 |
present written information or make a statement pursuant to | 3334 |
division (G)(I) of this section, any person may submit to the | 3335 |
court, at any time prior to the hearing on the offender's motion | 3336 |
for judicial release, a written statement concerning the effects | 3337 |
of the offender's crime or crimes, the circumstances surrounding | 3338 |
the crime or crimes, the manner in which the crime or crimes were | 3339 |
perpetrated, and the person's opinion as to whether the offender | 3340 |
should be released. | 3341 |
Sec. 2935.36. (A) The prosecuting attorney may establish | 3342 |
pre-trial diversion programs for adults who are accused of | 3343 |
committing criminal offenses and whom the prosecuting
attorney | 3344 |
believes probably will not offend again. The prosecuting attorney | 3345 |
may require, as a condition of an accused's participation in the | 3346 |
program, the accused to pay a reasonable fee for supervision | 3347 |
services that include, but are not limited to, monitoring and drug | 3348 |
testing. The programs shall be
operated pursuant to
written | 3349 |
standards approved by journal entry by the presiding
judge or, in | 3350 |
courts with only one judge, the judge of the court
of common pleas | 3351 |
and shall not be applicable to any of the
following: | 3352 |
(2) Persons accused of an offense of violence, of a
violation | 3354 |
of section 2903.06, 2907.04, 2907.05,
2907.21, 2907.22, 2907.31, | 3355 |
2907.32, 2907.34, 2911.31, 2919.12,
2919.13, 2919.22, 2921.02, | 3356 |
2921.11, 2921.12, 2921.32, or 2923.20
of the Revised Code, or of a | 3357 |
violation of section 2905.01, 2905.02, or
2919.23 of the Revised | 3358 |
Code that, had it occurred prior to
July 1,
1996, would have been | 3359 |
a violation of section
2905.04 of the Revised Code as it existed | 3360 |
prior to that
date, with the exception that the prosecuting | 3361 |
attorney may permit persons accused of any such offense to enter a | 3362 |
pre-trial diversion program, if the prosecuting attorney
finds any | 3363 |
of the following: | 3364 |
(C) The trial court, upon the application of the
prosecuting | 3400 |
attorney, shall order the release from confinement of
any accused | 3401 |
who has agreed to enter a pre-trial diversion program
and shall | 3402 |
discharge and release any existing bail and release any
sureties | 3403 |
on recognizances and shall release the accused on a
recognizance | 3404 |
bond conditioned upon the accused's compliance with
the terms of | 3405 |
the diversion program. The prosecuting attorney
shall notify every | 3406 |
victim of the crime and the arresting officers
of the prosecuting | 3407 |
attorney's intent to permit the accused
to enter a pre-trial | 3408 |
diversion program. The victim of the crime and the arresting | 3409 |
officers shall have the opportunity to file written objections | 3410 |
with the prosecuting attorney prior to the commencement of the | 3411 |
pre-trial diversion program. | 3412 |
(D) If the accused satisfactorily completes the diversion | 3413 |
program, the prosecuting attorney shall recommend to the trial | 3414 |
court that the charges against the accused be dismissed, and the | 3415 |
court, upon the recommendation of the prosecuting attorney, shall | 3416 |
dismiss the charges. If the accused chooses not to enter the | 3417 |
prosecuting attorney's diversion program, or if the accused | 3418 |
violates the conditions of the agreement pursuant to which the | 3419 |
accused has been released, the accused may be brought to trial | 3420 |
upon the
charges in the manner provided by law, and the waiver | 3421 |
executed pursuant to
division (B)(1) of this section shall be void | 3422 |
on the date the
accused is removed from the program for the | 3423 |
violation. | 3424 |
Sec. 2949.12. Unless the execution of sentence is
suspended | 3488 |
or the convicted felon has less than thirty days to serve in | 3489 |
prison and the department of rehabilitation and correction, the | 3490 |
county sheriff, and the court agree otherwise, a convicted felon | 3491 |
who is sentenced
to serve a term of
imprisonment in a state | 3492 |
correctional
institution shall be conveyed,
within five days | 3493 |
after sentencing,
excluding Saturdays, Sundays,
and legal | 3494 |
holidays, by the sheriff
of the county in which the
conviction | 3495 |
was had to the facility that
is designated by the
department of | 3496 |
rehabilitation and correction
for the reception of
convicted | 3497 |
felons. The sheriff shall deliver
the convicted felon
into the | 3498 |
custody of the managing officer of
the reception
facility and, at | 3499 |
that time, unless the department
and the sheriff have agreed to | 3500 |
electronically processed prisoner
commitment, shall present the | 3501 |
managing officer
with a copy of the
convicted felon's sentence | 3502 |
that clearly
describes each offense for
which the felon was | 3503 |
sentenced to a correctional
institution,
designates each section | 3504 |
of the Revised Code that
the felon
violated and that resulted in | 3505 |
the felon's conviction and
sentence
to a correctional | 3506 |
institution, designates the sentence imposed
for
each offense for | 3507 |
which the felon was sentenced to a
correctional
institution, and, | 3508 |
pursuant to section 2967.191 of the
Revised
Code, specifies the | 3509 |
total number of days, if any, that the felon
was confined for any | 3510 |
reason prior to conviction and sentence.
The
sheriff, at that | 3511 |
time, also shall present the managing
officer
with a copy of the | 3512 |
indictment. The clerk of the court of common
pleas
shall furnish | 3513 |
the copies of the sentence and indictment. In
the case of a | 3514 |
person under the
age of eighteen years who is
certified to the | 3515 |
court of common pleas by
the juvenile court, the
clerk of the | 3516 |
court of common pleas also shall
attach a copy of the | 3517 |
certification to the copy of the indictment. | 3518 |
The convicted felon shall be assigned to an institution or | 3519 |
designated to be housed in a county, multicounty, municipal, | 3520 |
municipal-county, or multicounty-municipal jail or workhouse, if | 3521 |
authorized pursuant to section 5120.161 of the Revised Code,
shall | 3522 |
be conveyed to the institution, jail, or workhouse, and
shall be | 3523 |
kept within the institution, jail, or workhouse until
the term of | 3524 |
the felon's imprisonment expires, the felon is pardoned, paroled, | 3525 |
or placed under a post-release control sanction, or
the felon is | 3526 |
transferred under laws permitting the transfer of
prisoners. If | 3527 |
the execution of the felon's sentence is suspended,
and the | 3528 |
judgment thereafter affirmed, the felon shall be conveyed, in
the | 3529 |
same manner as if the execution of the felon's sentence had not | 3530 |
been suspended, to the reception facility as soon as practicable | 3531 |
after
the judge directs the execution of sentence. The trial judge | 3532 |
or
other judge of the court, in the judge's discretion and
for | 3533 |
good cause shown, may extend the time of the conveyance. | 3534 |
Sec. 2951.021. (A)(1) If a court places a misdemeanor | 3535 |
offender
under a community control sanction under section 2929.26, | 3536 |
2929.27,
or
2929.28 of the Revised Code
or places a felony | 3537 |
offender under a
community
control sanction under section 2929.16, | 3538 |
2929.17, or
2929.18 of the Revised
Code and if the court places | 3539 |
the offender
under the control and
supervision of a probation | 3540 |
agency, the court
may
require the offender, as a condition of
| 3541 |
community control, to pay
a monthly supervision fee of not more | 3542 |
than fifty dollars for
supervision services. If the court
requires | 3543 |
an offender to
pay a monthly supervision fee and the
offender will | 3544 |
be under the control
of a county department of
probation, a | 3545 |
multicounty department of
probation, or a municipal
court | 3546 |
department of probation
established under section 1901.33 of
the | 3547 |
Revised Code, the court
shall specify whether the offender is
to | 3548 |
pay the fee to the
probation agency that will have control over | 3549 |
the offender or to the
clerk of the court for which the | 3550 |
supervision agency is established. If
the court requires an | 3551 |
offender to pay a monthly probation fee and
the offender will be | 3552 |
under the control of the adult parole
authority, the court shall | 3553 |
specify that the offender is to pay
the fee to the clerk of the | 3554 |
court of common pleas. | 3555 |
(4) The failure of an offender to comply with a condition
of
| 3565 |
community control that requires the offender to
pay
a monthly | 3566 |
supervision fee and that is imposed under division
(A)(1)
of this | 3567 |
section
shall not constitute the basis
for
the
modification of the | 3568 |
offender's community control sanctions
pursuant to section
2929.15 | 3569 |
or
2929.25 of the Revised Code but may
be
considered with any | 3570 |
other factors that form the basis of a
modification of a sanction | 3571 |
for
violating a
community control sanction under those sections. | 3572 |
If
the court
determines
that a
misdemeanor offender on
community | 3573 |
control failed to
pay a monthly
supervision fee
imposed
under | 3574 |
division
(A)(1) of this section and that no other factors | 3575 |
warranting
the modification of the
offender's community control | 3576 |
sanction are present, the court shall
remand the offender to
the | 3577 |
custody of the probation agency and may impose any
additional | 3578 |
conditions of
community control upon the
offender,
including a | 3579 |
requirement that the offender perform community
service, as the | 3580 |
ends of justice require. Any requirement imposed
pursuant to | 3581 |
division
(A)(4) of this section that the offender
perform | 3582 |
community service shall be in addition to and shall not
limit or | 3583 |
otherwise affect any order that the offender perform
community | 3584 |
service pursuant to division
(B) of section
2951.02
of the Revised | 3585 |
Code. | 3586 |
(B) Prior to the last day of the month in each month
during | 3587 |
the period of
community control, an
offender who
is ordered to pay | 3588 |
a monthly supervision fee under
this section shall pay the
fee to | 3589 |
the probation agency that has
control and supervision over the | 3590 |
offender or to the clerk of the
court for which the probation | 3591 |
agency is
established, as specified
by the court, except that, if | 3592 |
the
probation agency is the adult
parole authority, the offender | 3593 |
shall pay the fee to the clerk of
the court of common pleas.
Each | 3594 |
probation agency or clerk of a
court that receives any
monthly | 3595 |
supervision fees shall keep a
record of the monthly
supervision | 3596 |
fees that are paid to the agency
or the clerk and
shall give a | 3597 |
written receipt to each person who
pays a supervision fee to the | 3598 |
agency or clerk. | 3599 |
(1) For offenders who are under the control and
supervision | 3604 |
of a county department of probation or a municipal
court | 3605 |
department of probation in a county-operated municipal
court, on | 3606 |
or before the fifth business day of each month, the
chief | 3607 |
probation officer, the chief probation officer's designee, or the | 3608 |
clerk
of the court
shall pay all monthly supervision fees | 3609 |
collected in the previous
month to the county treasurer of the | 3610 |
county in which the county
department of probation or municipal | 3611 |
court department of
probation is established for deposit into the | 3612 |
county probation
services fund established in the county treasury | 3613 |
of that county
pursuant to division (A)(1) of section 321.44 of | 3614 |
the
Revised Code. | 3615 |
(2) For offenders who are under the control and
supervision | 3616 |
of a multicounty department of probation, on or
before the fifth | 3617 |
business day of each month, the chief probation
officer, the chief | 3618 |
probation officer's designee,
or the clerk of the court shall pay | 3619 |
all
monthly supervision fees collected in the previous month to | 3620 |
the county treasurer of the county in which is located the court | 3621 |
of
common pleas that placed the offender
under a
community
control | 3622 |
sanction under the
control of the department for
deposit into the | 3623 |
county probation
services fund established in the
county treasury | 3624 |
of that county
pursuant to division (A)(1) of
section 321.44 of | 3625 |
the Revised Code
and for subsequent
appropriation and transfer in | 3626 |
accordance with
division (A)(2) of
that section to the appropriate | 3627 |
multicounty
probation services
fund established pursuant to | 3628 |
division (B) of
that section. | 3629 |
(4) For offenders who are under the control and
supervision | 3639 |
of the adult parole authority, the clerk of the court
of common | 3640 |
pleas, on or before the fifth business day of January,
April, | 3641 |
July, and October, shall pay all monthly supervision fees | 3642 |
collected by the clerk in the previous three months to the | 3643 |
treasurer of the county in which is located the court of common | 3644 |
pleas that placed the offender
under a community
control
sanction | 3645 |
under the control of
the authority for deposit
into the county | 3646 |
probation services fund
established in the county
treasury of that | 3647 |
county pursuant to
division (A)(1) of section
321.44 of the | 3648 |
Revised Code and for
subsequent appropriation and
transfer in | 3649 |
accordance with division
(A)(2) of that section to the
adult | 3650 |
parole authority probation
services fund established
pursuant to | 3651 |
section 5149.06 of the
Revised Code. | 3652 |
(D) Not later than the first day of December of each
year, | 3653 |
each probation agency or the court of common pleas of a county in | 3654 |
which the court has entered into an agreement with the adult | 3655 |
parole authority pursuant to section 2301.32 of the Revised Code | 3656 |
shall prepare a report regarding its
use of
money from a county | 3657 |
probation services fundaccount, a multicounty
probation services | 3658 |
fundaccount, or
a municipal probation services fundaccount, or | 3659 |
the
adult parole authority
probation services fund, whichever is | 3660 |
applicable. The report shall
specify the amount appropriated
from | 3661 |
the fund to the probation
agency or court during the current | 3662 |
calendar
year,
an estimate of
the amount that the probation | 3663 |
agency or court will
expend by
the
end of the year, a summary of | 3664 |
how the amount
appropriated has
been
expended for probation | 3665 |
services, and an
estimate of the
amount of
supervision fees that | 3666 |
the probation
agency or court will collect
and pay to the | 3667 |
appropriate treasurer for
deposit in the
appropriate fund in the | 3668 |
next calendar year. The
report shall be
filed with one of the | 3669 |
following: | 3670 |
Sec. 2951.041. (A)(1) If an offender is charged with a | 3699 |
criminal
offense and the court
has reason to believe that drug or | 3700 |
alcohol usage by the offender
was a factor leading to the | 3701 |
offender's criminal behavior, the
court may accept, prior to the | 3702 |
entry of a guilty plea, the
offender's request for intervention in | 3703 |
lieu of conviction.
The request shall include a waiver
of the | 3704 |
defendant's right to a speedy trial, the preliminary
hearing, the | 3705 |
time period within which the grand jury may
consider an indictment | 3706 |
against the offender, and arraignment,
unless the hearing, | 3707 |
indictment, or arraignment has already
occurred.
The
court may | 3708 |
reject an offender's request without a hearing. If
the court | 3709 |
elects to consider an offender's request, the court
shall conduct | 3710 |
a hearing to determine whether the offender is
eligible under this | 3711 |
section for intervention in lieu of
conviction and shall stay all | 3712 |
criminal proceedings pending the
outcome of the hearing. If the | 3713 |
court schedules a hearing, the
court shall order an assessment of | 3714 |
the offender for the purpose
of determining the offender's | 3715 |
eligibility for intervention in
lieu of conviction and | 3716 |
recommending an appropriate intervention
plan. | 3717 |
(2) The offense is not a felony of the first, second, or | 3730 |
third
degree, is not an offense of violence, is not a violation of | 3731 |
division (A)(1)
or (2) of section 2903.06 of the Revised Code, is | 3732 |
not a
violation of division (A)(1) of section 2903.08 of the | 3733 |
Revised Code, is not a
violation of division (A) of
section | 3734 |
4511.19 of the Revised Code or a municipal ordinance
that is | 3735 |
substantially similar to that division, and is not an
offense for | 3736 |
which a sentencing court is required to impose a
mandatory prison | 3737 |
term, a mandatory term of local incarceration,
or a mandatory term | 3738 |
of imprisonment in a jail. | 3739 |
(5) The offender has been assessed by an appropriately | 3750 |
licensed provider, certified facility, or licensed and | 3751 |
credentialed professional, including, but not limited to, a | 3752 |
program licensed by the department of alcohol and drug addiction | 3753 |
services pursuant to section 3793.11 of the
Revised Code, a | 3754 |
program certified by
that department pursuant to section 3793.06 | 3755 |
of the
Revised Code, a public or private
hospital, the United | 3756 |
States department of veterans
affairs, another appropriate agency | 3757 |
of the government of the
United States, or a licensed
physician, | 3758 |
psychiatrist, psychologist, independent social
worker, | 3759 |
professional counselor, or chemical dependency
counselor for the | 3760 |
purpose of determining the offender's eligibility for
intervention | 3761 |
in lieu of conviction and recommending an appropriate
intervention | 3762 |
plan. | 3763 |
(C) At the conclusion of
a hearing held pursuant to
division | 3780 |
(A) of this section, the court
shall enter its
determination as to | 3781 |
whether the offender is
eligible for
intervention in lieu of | 3782 |
conviction and as to
whether to grant the
offender's request. If | 3783 |
the court finds
under division (B) of
this section that the | 3784 |
offender is eligible for
intervention in lieu of conviction and | 3785 |
grants the
offender's
request,
the court shall accept the | 3786 |
offender's plea of guilty and
waiver
of the defendant's right to a | 3787 |
speedy trial, the preliminary
hearing, the time period within | 3788 |
which the grand jury may
consider
an indictment against the | 3789 |
offender, and arraignment,
unless the
hearing, indictment, or | 3790 |
arraignment has already
occurred. In
addition, the court then may | 3791 |
stay all criminal
proceedings and
order the offender to comply | 3792 |
with all terms and
conditions imposed
by the court pursuant to | 3793 |
division
(D) of this section. If the
court finds that the
offender | 3794 |
is not eligible or does not grant
the offender's request,
the | 3795 |
criminal proceedings against the
offender shall proceed as if
the | 3796 |
offender's request for
intervention in lieu of conviction had
not | 3797 |
been made. | 3798 |
(D) If the court grants
an offender's request for | 3799 |
intervention in lieu of conviction,
the court shall place the | 3800 |
offender under the general control and
supervision of the county | 3801 |
probation department, the adult parole
authority, or another | 3802 |
appropriate local probation or court
services agency, if one | 3803 |
exists, as if the offender was subject
to a community control | 3804 |
sanction imposed under section 2929.15,
2929.18, or 2929.25 of
the | 3805 |
Revised
Code. The court shall establish an
intervention plan for | 3806 |
the
offender. The terms and conditions of
the intervention plan | 3807 |
shall
require the offender, for at least
one
year from the date on | 3808 |
which
the court grants the order of
intervention in lieu of | 3809 |
conviction,
to abstain from the use of
illegal drugs and alcohol, | 3810 |
to participate in treatment and recovery support services, and to | 3811 |
submit
to
regular random
testing
for drug and alcohol use and may | 3812 |
include
any other
treatment terms
and conditions, or terms and | 3813 |
conditions
similar
to community
control sanctions, which may | 3814 |
include
community service or restitution, that are ordered by the | 3815 |
court. | 3816 |
(E) If the court grants
an offender's request for | 3817 |
intervention in lieu of conviction and
the court finds that the | 3818 |
offender has successfully completed the
intervention plan for the | 3819 |
offender, including the requirement
that the offender abstain from | 3820 |
using drugs and alcohol for a
period of at least one year from the | 3821 |
date on which the court
granted the order of intervention in lieu | 3822 |
of conviction and all
other terms and conditions ordered by the | 3823 |
court, the court shall
dismiss the proceedings against the | 3824 |
offender. Successful
completion of the intervention plan and | 3825 |
period of abstinence
under this section shall be without | 3826 |
adjudication of guilt and is
not a criminal conviction for | 3827 |
purposes of any disqualification
or disability imposed by law and | 3828 |
upon conviction of a crime, and
the court may order the sealing of | 3829 |
records related to the
offense in question in the manner provided | 3830 |
in sections 2953.31
to 2953.36 of the Revised
Code. | 3831 |
(F) If the court grants
an offender's request for | 3832 |
intervention in lieu of conviction and
the offender fails to | 3833 |
comply with any term or condition imposed
as part of the | 3834 |
intervention plan for the offender, the
supervising authority for | 3835 |
the offender promptly shall advise the
court of this failure, and | 3836 |
the court shall hold a hearing to determine whether
the offender | 3837 |
failed to comply with any term or condition imposed
as part of the | 3838 |
plan. If the court determines that the offender
has failed to | 3839 |
comply with any of those terms and conditions, it
shall enter a | 3840 |
finding of guilty and shall impose an appropriate
sanction under | 3841 |
Chapter 2929.
of the
Revised Code. If the court sentences the | 3842 |
offender to a prison term, the court, after consulting with the | 3843 |
department of rehabilitation and correction regarding the | 3844 |
availability of services, may order continued court-supervised | 3845 |
activity and treatment of the offender during the prison term and, | 3846 |
upon consideration of reports received from the department | 3847 |
concerning the offender's progress in the program of activity and | 3848 |
treatment, may consider judicial release under section 2929.20 of | 3849 |
the Revised Code. | 3850 |
(2) The sentence consisted of or included a prison term, the | 3875 |
offense for
which it was imposed is a felony of the fourth or | 3876 |
fifth degree or is a felony
drug offense that is a violation of a | 3877 |
provision of
Chapter 2925. of the Revised Code and that is | 3878 |
specified as being subject to
division (B) of section 2929.13 of | 3879 |
the Revised Code for purposes of
sentencing, and the court did not | 3880 |
specify at sentencing that it found one or
more factors specified | 3881 |
in divisions (B)(1)(a) to (i) of
section 2929.13 of the Revised | 3882 |
Code to apply
relative to the
defendant. If the court specifies | 3883 |
that it found
one or more of those factors to apply relative to | 3884 |
the defendant,
the defendant is not entitled under this division | 3885 |
to appeal as a
matter of right the sentence imposed upon the | 3886 |
offender. | 3887 |
(3) The person was convicted of or pleaded guilty to a | 3888 |
violent sex
offense or a designated homicide, assault, or | 3889 |
kidnapping offense, was adjudicated a sexually violent predator in | 3890 |
relation to that offense, and was
sentenced pursuant to division | 3891 |
(A)(3) of
section 2971.03 of the Revised Code, if the minimum
term | 3892 |
of the indefinite term imposed pursuant to division (A)(3) of | 3893 |
section 2971.03 of the Revised Code is the longest term available | 3894 |
for the
offense from among
the range of terms listed in section | 3895 |
2929.14 of the Revised Code. As used in
this division,
"designated | 3896 |
homicide, assault, or kidnapping offense" and "violent sex | 3897 |
offense" have the same
meanings as in section 2971.01 of the | 3898 |
Revised Code. As used in this division, "adjudicated a sexually | 3899 |
violent predator" has the same meaning as in section 2929.01 of | 3900 |
the Revised Code, and a person is "adjudicated a sexually violent | 3901 |
predator" in the same manner and the same circumstances as are | 3902 |
described in that section. | 3903 |
(B) In addition to any other right to appeal
and except as | 3911 |
provided in division (D) of this section, a
prosecuting attorney, | 3912 |
a city director of law, village solicitor, or
similar chief legal | 3913 |
officer of a municipal corporation, or the
attorney general, if | 3914 |
one of those persons prosecuted the case, may appeal as a
matter | 3915 |
of right a sentence
imposed upon a defendant who is convicted of | 3916 |
or pleads guilty to
a felony or, in the circumstances described in | 3917 |
division (B)(3) of
this section the modification of a sentence | 3918 |
imposed upon such a defendant, on
any of the following grounds: | 3919 |
(C)(1) In addition to the right to appeal a sentence
granted | 3928 |
under division (A) or (B) of this
section, a defendant who is | 3929 |
convicted of or pleads guilty to a
felony may seek leave to appeal | 3930 |
a sentence imposed upon the
defendant on the basis that the | 3931 |
sentencing judge has imposed
consecutive sentences under division | 3932 |
(E)(3) or (4) of
section 2929.14 of the Revised Code and that the | 3933 |
consecutive sentences exceed the maximum prison term allowed by | 3934 |
division (A) of that section for the most serious offense
of which | 3935 |
the defendant was convicted. Upon the filing of a
motion under | 3936 |
this division, the court
of appeals may grant leave to appeal the | 3937 |
sentence if the court
determines that the allegation included as | 3938 |
the basis of the
motion is true. | 3939 |
(E) A defendant, prosecuting attorney, city
director of law, | 3962 |
village solicitor, or chief municipal legal
officer shall file an | 3963 |
appeal of a sentence under this section to
a court of appeals | 3964 |
within the time limits specified in
Rule 4(B) of the Rules of | 3965 |
Appellate Procedure, provided that if the appeal is pursuant
to | 3966 |
division (B)(3) of this section, the time limits specified in that | 3967 |
rule shall not commence running until the court grants the motion | 3968 |
that makes
the sentence modification in question. A sentence | 3969 |
appeal under
this section shall be consolidated with any other | 3970 |
appeal in the
case. If no other appeal is filed, the court of | 3971 |
appeals may
review only the portions of the trial record that | 3972 |
pertain to
sentencing. | 3973 |
(1) Any presentence, psychiatric, or other
investigative | 3977 |
report that was submitted to the court in writing
before the | 3978 |
sentence was imposed. An appellate court that
reviews a | 3979 |
presentence investigation report prepared pursuant to section | 3980 |
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 3981 |
connection
with the appeal of a sentence under this section shall | 3982 |
comply with division
(D)(3) of section 2951.03 of the Revised Code | 3983 |
when the appellate court is not
using the presentence | 3984 |
investigation report, and the appellate court's use of a | 3985 |
presentence investigation report of that nature in connection with | 3986 |
the appeal
of a sentence under this section does not affect the | 3987 |
otherwise confidential
character of the contents of that report as | 3988 |
described in division
(D)(1) of section 2951.03 of the Revised | 3989 |
Code and does not cause that report
to become a public record, as | 3990 |
defined in section 149.43 of the Revised Code,
following the | 3991 |
appellate court's use of the report. | 3992 |
(G)(1) If the sentencing court was required to make the | 4001 |
findings required
by division (B) or (D) of section 2929.13, | 4002 |
division
(D)(2)(e) or (E)(4) of section 2929.14, or division | 4003 |
(H)(I) of section 2929.20 of the
Revised Code relative to the | 4004 |
imposition or modification of the sentence,
and if the sentencing | 4005 |
court failed to state the required findings on the
record, the | 4006 |
court hearing
an appeal under division (A), (B), or (C) of this | 4007 |
section shall
remand the case to the sentencing court and instruct | 4008 |
the sentencing court
to state, on the record, the required | 4009 |
findings. | 4010 |
(I)(1) There is hereby
established the felony sentence appeal | 4031 |
cost oversight committee,
consisting of eight members. One member | 4032 |
shall be the chief
justice of the supreme court or a | 4033 |
representative of the court
designated by the chief justice, one | 4034 |
member shall be a member of
the senate appointed by the president | 4035 |
of the senate, one member
shall be a member of the house of | 4036 |
representatives appointed by
the speaker of the house of | 4037 |
representatives, one member shall be
the director of budget and | 4038 |
management or a representative of the office of
budget and | 4039 |
management designated
by the director, one member shall be a judge | 4040 |
of a court of
appeals, court of common pleas, municipal court, or | 4041 |
county court
appointed by the chief justice of the supreme court, | 4042 |
one member
shall be the state public defender or a representative | 4043 |
of the
office of the state public defender designated by the state | 4044 |
public defender, one member shall be a prosecuting attorney | 4045 |
appointed by the Ohio prosecuting attorneys association, and one | 4046 |
member shall
be a county commissioner appointed by the county | 4047 |
commissioners
association of Ohio. No more than three of the | 4048 |
appointed members of the
committee may be members of the same | 4049 |
political party. | 4050 |
The president of the senate, the speaker of the house of | 4051 |
representatives, the chief justice of the supreme court, the
Ohio | 4052 |
prosecuting attorneys association, and the county commissioners | 4053 |
association of Ohio shall make the initial
appointments to the | 4054 |
committee of the appointed members no later
than ninety days after | 4055 |
July 1, 1996. Of
those initial appointments to the committee, the | 4056 |
members
appointed by the speaker of the house of representatives | 4057 |
and the
Ohio prosecuting attorneys
association shall serve a term | 4058 |
ending two years after July 1, 1996, the member
appointed by
the | 4059 |
chief justice of the supreme court shall serve
a term ending three | 4060 |
years after July 1, 1996, and the members appointed by the | 4061 |
president of the
senate and the county commissioners association | 4062 |
of
Ohio shall serve terms ending
four years after July 1, 1996. | 4063 |
Thereafter, terms of office of the appointed
members shall be
for | 4064 |
four years, with each term ending on the same day of the
same | 4065 |
month as did the term that it succeeds. Members may be | 4066 |
reappointed. Vacancies shall be filled in the same
manner provided | 4067 |
for original appointments. A member appointed
to fill a vacancy | 4068 |
occurring prior to the expiration of the term
for which that | 4069 |
member's predecessor was appointed shall hold
office as a member | 4070 |
for the remainder of the predecessor's term. An appointed
member | 4071 |
shall continue in office subsequent to the
expiration date of that | 4072 |
member's term until that member's
successor takes office or until | 4073 |
a period of sixty days has
elapsed, whichever occurs first. | 4074 |
If the chief justice of the supreme court, the director of | 4075 |
the office of budget and management, or the state public
defender | 4076 |
serves as a member of the committee, that person's term
of office | 4077 |
as a member shall continue for as long as that person
holds office | 4078 |
as chief justice, director of the office of budget
and management, | 4079 |
or state public defender. If the chief justice
of the supreme | 4080 |
court designates a representative of the court to
serve as a | 4081 |
member, the director of budget and management
designates a | 4082 |
representative of the office of budget and
management to serve as | 4083 |
a member, or the state public
defender designates a representative | 4084 |
of the office of the state
public defender to serve as a member, | 4085 |
the person so designated
shall serve as a member of the commission | 4086 |
for as long as the
official who made the designation holds office | 4087 |
as chief justice,
director of the office of budget and management, | 4088 |
or state public
defender or until that official revokes the | 4089 |
designation. | 4090 |
The chief justice of the supreme court or the
representative | 4091 |
of the supreme court appointed by the chief
justice shall serve as | 4092 |
chairperson of the committee. The committee
shall meet within two | 4093 |
weeks after all appointed members have
been appointed and shall | 4094 |
organize as necessary. Thereafter, the
committee shall meet at | 4095 |
least once every six months or more
often upon the call of the | 4096 |
chairperson or the written request of
three or more members, | 4097 |
provided that the committee shall not meet unless
moneys have been | 4098 |
appropriated to the judiciary budget administered by the
supreme | 4099 |
court specifically for the purpose of providing financial | 4100 |
assistance
to counties under division (I)(2) of this section and | 4101 |
the moneys so
appropriated then are available for that purpose. | 4102 |
(2) The state criminal sentencing commission periodically | 4111 |
shall provide to
the felony sentence appeal cost oversight | 4112 |
committee all data the commission
collects pursuant to division | 4113 |
(A)(5) of section 181.25 of
the Revised Code. Upon receipt of the | 4114 |
data from the state criminal sentencing commission, the
felony | 4115 |
sentence appeal cost oversight committee periodically
shall review | 4116 |
the data; determine whether any money has been
appropriated to the | 4117 |
judiciary budget administered by the supreme court
specifically | 4118 |
for the purpose of providing state financial assistance to | 4119 |
counties in accordance with this division for the increase in | 4120 |
expenses
the counties experience as a result of the felony | 4121 |
sentence
appeal provisions set forth in this section or as a | 4122 |
result of a postconviction
relief proceeding brought under | 4123 |
division (A)(2) of section 2953.21
of the Revised Code or an | 4124 |
appeal of a judgment in that proceeding; if it
determines that any | 4125 |
money has been so appropriated, determine the total amount
of | 4126 |
moneys that have been so appropriated specifically for
that | 4127 |
purpose and that then are available for that
purpose; and develop | 4128 |
a recommended method of distributing those
moneys to the counties. | 4129 |
The committee shall send a copy of its
recommendation to the | 4130 |
supreme court. Upon receipt of the
committee's recommendation, the | 4131 |
supreme court shall distribute
to the counties, based upon that | 4132 |
recommendation, the moneys that
have been so appropriated | 4133 |
specifically for the purpose of providing
state financial | 4134 |
assistance to counties under this
division and that then are | 4135 |
available for that purpose. | 4136 |
Sec. 2967.03. The adult parole authority may exercise its | 4152 |
functions and duties in relation to the pardon, commutation of | 4153 |
sentence, or
reprieve of a convict upon direction of the governor | 4154 |
or upon its
own initiative. It may exercise its functions and | 4155 |
duties in relation to the parole of a prisoner
who is eligible for | 4156 |
parole upon the initiative of the head of the
institution in which | 4157 |
the prisoner is confined or upon its own
initiative. When a | 4158 |
prisoner becomes eligible for parole, the
head of the
institution | 4159 |
in which the prisoner is confined shall
notify the
authority in | 4160 |
the manner prescribed by the authority. The authority
may | 4161 |
investigate and examine, or cause the
investigation and | 4162 |
examination of, prisoners confined in state
correctional | 4163 |
institutions concerning their conduct in the institutions, their | 4164 |
mental and moral qualities and characteristics, their knowledge
of | 4165 |
a trade or profession, their former means of livelihood, their | 4166 |
family relationships, and any other matters affecting their | 4167 |
fitness to be at liberty without being a threat to society. | 4168 |
The authority may recommend to the governor the pardon, | 4169 |
commutation of sentence, medical release, or reprieve of any | 4170 |
convict or prisoner
or grant a parole to any prisoner for whom | 4171 |
parole is authorized, if in
its judgment there is reasonable | 4172 |
ground to believe that granting a pardon,
commutation, medical | 4173 |
release, or reprieve to the convict or paroling the
prisoner would | 4174 |
further the interests of justice and be
consistent with the | 4175 |
welfare and security of society. However,
the authority shall not | 4176 |
recommend a pardon or, commutation of
sentence, or medical release | 4177 |
of, or grant a parole to, any convict or prisoner until
the | 4178 |
authority has complied with the applicable notice
requirements of | 4179 |
sections 2930.16 and 2967.12 of the
Revised Code and until it has | 4180 |
considered any statement made by a victim or a
victim's | 4181 |
representative that is relevant to the convict's or prisoner's | 4182 |
case and that was sent to the authority pursuant to section | 4183 |
2930.17 of the Revised Code, any other statement made by a
victim | 4184 |
or a victim's representative that is relevant to the
convict's or | 4185 |
prisoner's case and that was received by the
authority after it | 4186 |
provided notice of the pendency of the action
under sections | 4187 |
2930.16 and 2967.12 of the Revised Code, and any written statement | 4188 |
of any person submitted to the court pursuant to division (H)(G) | 4189 |
of section 2967.12 of the Revised Code. If a victim,
victim's | 4190 |
representative, or the victim's spouse, parent, sibling, or child | 4191 |
appears at a full board hearing of the parole board and gives | 4192 |
testimony as authorized by section 5149.101 of the Revised Code, | 4193 |
the authority
shall consider the testimony in determining whether | 4194 |
to grant a parole.
The trial judge and
prosecuting attorney of the | 4195 |
trial court in which a person was
convicted shall furnish to the | 4196 |
authority, at the request of the authority, a
summarized statement | 4197 |
of the facts proved at the trial and of all
other facts having | 4198 |
reference to the propriety of recommending a
pardon or, | 4199 |
commutation, or medical release, or granting a parole, together | 4200 |
with a
recommendation for or against a pardon, commutation, | 4201 |
medical release, or parole,
and the reasons for the | 4202 |
recommendation. The trial judge, the prosecuting attorney, | 4203 |
specified law enforcement agency members, and a representative of | 4204 |
the prisoner may
appear at a full board hearing of the parole | 4205 |
board and give testimony in
regard to the grant of a parole to the | 4206 |
prisoner as authorized by section
5149.101 of the Revised Code. | 4207 |
All state and local
officials shall furnish information to the | 4208 |
authority, when so
requested by it in the performance of its | 4209 |
duties. | 4210 |
(B) Upon the recommendation of the director of | 4247 |
rehabilitation and
correction, accompanied by a certificate of the | 4248 |
attending physician that a
prisoner or convictan inmate is | 4249 |
terminally ill,
medically incapacitated, or in imminent danger of | 4250 |
death, the
governor may order
histhe inmate's release as if
on | 4251 |
parole,
reserving the right to return himthe inmate to the | 4252 |
institution
pursuant to this section. If, subsequent to histhe | 4253 |
inmate's release, histhe inmate's health improves
so that hethe | 4254 |
inmate is no longer terminally ill, medically incapacitated, or in | 4255 |
imminent
danger of
death, hethe inmate shall be returned,
by | 4256 |
order of the governor, to the
institution from which hethe | 4257 |
inmate was released. If hethe inmate violates any rules
or | 4258 |
conditions applicable to him, hethe inmate, the inmate may be | 4259 |
returned to an
institution under the control of the department of | 4260 |
rehabilitation
and
correction. The governor may direct the adult | 4261 |
parole authority
to investigate or cause to be investigated the | 4262 |
inmate and make a
recommendation in the manner set forth in | 4263 |
section 2967.03 of the
Revised Code. An inmate released under | 4264 |
this section shall be
subject to supervision by the adult parole | 4265 |
authority in accordance
with any recommendation of the adult | 4266 |
parole authority that is
approved by the governor. The adult | 4267 |
parole authority shall adopt
rules pursuant to section 119.03 of | 4268 |
the Revised Code to establish
the procedure for medical release | 4269 |
of an inmate
when an inmate is terminally ill, medically | 4270 |
incapacitated, or in
imminent danger of death. | 4271 |
Sec. 2967.12. (A) Except as provided in division (G) of
this | 4279 |
section, at least three weeks before the adult parole
authority | 4280 |
recommends any pardon or commutation of sentence, or
grants any | 4281 |
parole, the authority shall sendprovide a notice of
the
pendency | 4282 |
of the
pardon, commutation, or parole, setting forth the
name
of | 4283 |
the
person on whose behalf it is made, the offense of
which the | 4284 |
person
was
convicted or to which the person pleaded guilty, the | 4285 |
time of
conviction or the guilty plea, and the
term of the | 4286 |
person's
sentence, to
the prosecuting attorney and the
judge of | 4287 |
the court
of common
pleas of the county in which the
indictment | 4288 |
against the
person
was found. If there is more than
one judge of | 4289 |
that court of
common pleas, the authority shall sendprovide
the | 4290 |
notice
to the presiding
judge. The department of rehabilitation | 4291 |
and correction may utilize electronic means to provide this | 4292 |
notice. The department of rehabilitation and correction, at the | 4293 |
same time that it provides the notice to the prosecuting attorney | 4294 |
and judge under this division, also shall post on the database it | 4295 |
maintains pursuant to section 5120.66 of the Revised Code the | 4296 |
offender's name and all of the information specified in division | 4297 |
(A)(1)(c)(iii) of that section. | 4298 |
(B) If a request for notification has been made pursuant
to | 4299 |
section 2930.16 of the Revised Code, the office of victim services | 4300 |
or the adult parole
authority
also shall giveprovide notice to | 4301 |
the victim or the victim's
representative at least three weeks | 4302 |
prior to recommending any pardon or commutation of
sentence for, | 4303 |
or granting any parole to, the person. The
authority
shall | 4304 |
provide the notice at the
same time as the notice
required
by | 4305 |
division (A) of this section and shall include in the
notice
the | 4306 |
information required to be set forth in that noticeby division | 4307 |
(A) of this section and may be provided by telephone or through | 4308 |
electronic means.
The
notice also
shall inform the victim or the | 4309 |
victim's
representative
that the victim or
representative may | 4310 |
send a
written statement
relative to the victimization and
the | 4311 |
pending
action to the adult
parole authority and that, if the | 4312 |
authority
receives any written
statement prior to recommending a | 4313 |
pardon or
commutation or
granting a parole for a person,
the | 4314 |
authority will
consider the
statement before it recommends a | 4315 |
pardon or
commutation or grants a
parole. If the person is being | 4316 |
considered
for parole, the
notice
shall inform the victim or the | 4317 |
victim's
representative that a full
board hearing of the parole | 4318 |
board may
be held and that the victim
or victim's representative | 4319 |
may contact
the office of victims'
services for
further | 4320 |
information.
If the
person being considered
for parole was | 4321 |
convicted of or pleaded guilty to violating section
2903.01 or | 4322 |
2903.02 of the Revised Code, the notice shall inform
the
victim | 4323 |
of that offense, the victim's representative, or a
member of the | 4324 |
victim's immediate family that the victim, the
victim's | 4325 |
representative, and the victim's immediate family have
the right | 4326 |
to give testimony at a full board hearing
of the parole
board and | 4327 |
that the victim or victim's representative
may contact
the office | 4328 |
of victims' services for further
information. As used
in this | 4329 |
division, "the victim's immediate family" means the
mother, | 4330 |
father, spouse, sibling, or child of the victim. | 4331 |
(C) When notice of the pendency of any pardon,
commutation
of | 4332 |
sentence, or parole has been givenprovided to a judge or | 4333 |
prosecutor or
posted on the database as providedrequired in | 4334 |
division (A)
of this section
and a hearing on the pardon, | 4335 |
commutation, or
parole is continued
to a date certain, the | 4336 |
authority
shall provide
notice of the
further
consideration of | 4337 |
the pardon,
commutation, or parole at
least ten daysthree weeks | 4338 |
before the further consideration. The notice of the
further | 4339 |
consideration shall be provided to the proper judge and | 4340 |
prosecuting attorney by mail at least ten daysthree weeks before | 4341 |
the further
consideration, and may be provided using electronic | 4342 |
means, and, if the initial notice was posted on the
database as | 4343 |
provided in division (A) of this section, the notice
of the | 4344 |
further consideration shall be posted on the database at
least | 4345 |
ten daysthree weeks before the further consideration. When
notice | 4346 |
of
the pendency of any pardon, commutation, or parole
has
been | 4347 |
given
as provided in division (B) of this section and the
hearing | 4348 |
on it
is continued to a date certain, the authority shall
give | 4349 |
notice of
the
further consideration to the victim or the
victim's | 4350 |
representative in accordance with section 2930.03 of the
Revised | 4351 |
Code. | 4352 |
(E) If an offender is serving a prison term imposed under | 4359 |
division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), | 4360 |
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised | 4361 |
Code
and if the
parole board terminates its
control over
the | 4362 |
offender's service of
that term pursuant to section 2971.04
of | 4363 |
the Revised Code, the
parole board immediately
shall provide | 4364 |
written notice of its
termination of control or the transfer of | 4365 |
control to the entities
and persons
specified in section 2971.04 | 4366 |
of the Revised Code. | 4367 |
(H) In addition to and independent of the right of a victim | 4377 |
to make a statement as described in division (A) of this section | 4378 |
or pursuant to section 2930.17 of the Revised Code or to otherwise | 4379 |
make a statement, the authority for a judge or prosecuting | 4380 |
attorney to furnish statements and information, make | 4381 |
recommendations, and give testimony as described in division (A) | 4382 |
of this section, the right of a prosecuting attorney, judge, or | 4383 |
victim to give testimony or submit a statement at a full parole | 4384 |
board hearing pursuant to section 5149.101 of the Revised Code, | 4385 |
and any other right or duty of a person to present information or | 4386 |
make a statement, any person may send to the adult parole | 4387 |
authority at any time prior to the authority's recommending a | 4388 |
pardon or commutation or granting a parole for the offender a | 4389 |
written statement relative to the offense and the pending action. | 4390 |
(C)(1) Divisions (A) and (B) of this section do not
apply to | 4415 |
the
release from confinement of an offender if the
offender is | 4416 |
serving
a prison term imposed under division (A)(3), (B)(1)(a), | 4417 |
(b), or
(c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or | 4418 |
(d) of
section 2971.03 of the Revised Code, if the court pursuant | 4419 |
to
section 2971.05
of the Revised Code modifies the requirement | 4420 |
that
the offender serve that
entire term in a
state correctional | 4421 |
institution, and if the release from confinement is
pursuant
to | 4422 |
that modification. In a case of that type, the court that modifies | 4423 |
the
requirement promptly shall provide written notice of the | 4424 |
modification and the
order that modifies the requirement or | 4425 |
revises the modification to the
offender, the department of | 4426 |
rehabilitation and correction, the prosecuting
attorney, and any | 4427 |
state agency or political subdivision that is affected by
the | 4428 |
order. | 4429 |
(C) If a violation
sanction center is established under the | 4455 |
authority of this section,
notwithstanding the fact that the | 4456 |
center is an alternative
residential facility for the purposes | 4457 |
described in division
(B) of this section, the center
shall be | 4458 |
used only for the purposes described in that division. A violation | 4459 |
sanction center established under the authority of this section is | 4460 |
not an
alternative residential facility for the
purpose of | 4461 |
imposing sentence on an offender who is convicted of
or pleads | 4462 |
guilty to a felony, and a court that is sentencing
an offender for | 4463 |
a felony pursuant to sections 2929.11 to 2929.19 of the
Revised | 4464 |
Code shall not sentence the
offender to a community residential | 4465 |
sanction that requires the
offender to serve a term in the center. | 4466 |
Sec. 2967.15. (A) If an adult parole authority field
officer | 4480 |
has reasonable cause to believe that a person who is a parolee or | 4481 |
releasee, who is under transitional
control, or who is under | 4482 |
another form of authorized release and who is
under the | 4483 |
supervision of the adult
parole authority has violated or is | 4484 |
violating the condition of a
conditional pardon, parole, other | 4485 |
form of
authorized release, transitional control, or post-release | 4486 |
control specified in
division (A) of section 2967.131 of the | 4487 |
Revised Code or any other term or condition of the person's | 4488 |
conditional pardon, parole, other form of authorized release, | 4489 |
transitional control, or post-release
control, the field officer | 4490 |
may arrest
the person without a warrant or order a peace officer | 4491 |
to arrest
the person without a warrant. A person so arrested shall | 4492 |
be
confined in the jail of the county in which the person is | 4493 |
arrested
or in another facility designated by the chief of the | 4494 |
adult parole
authority until a determination is made regarding the | 4495 |
person's release
status. Upon making an arrest under this section, | 4496 |
the arresting
or supervising adult parole authority field officer | 4497 |
promptly
shall notify the superintendent of parole supervision or | 4498 |
the
superintendent's
designee, in writing, that the person has | 4499 |
been arrested and is in
custody and submit an appropriate report | 4500 |
of the reason
for the arrest. | 4501 |
(B) Except as otherwise provided in this division, prior to | 4502 |
the revocation by
the
adult parole authority of a person's pardon, | 4503 |
parole,
transitional control, or other release and
prior to the | 4504 |
imposition by the parole board or adult parole authority of a new | 4505 |
prison term as a post-release control sanction for a person, the | 4506 |
adult parole
authority shall grant the person a hearing in | 4507 |
accordance with rules adopted by
the department of rehabilitation | 4508 |
and correction under Chapter 119.
of the Revised Code. The adult | 4509 |
parole authority is not required to grant the
person a hearing if | 4510 |
the person is convicted of or pleads guilty to an offense
that the | 4511 |
person committed while released on a pardon, on
parole, | 4512 |
transitional control, or
another form of release, or on | 4513 |
post-release
control and upon which the revocation of the
person's | 4514 |
pardon, parole, transitional control, other
release, or | 4515 |
post-release control is
based. | 4516 |
(C)(1) If a person who is a parolee or
releasee, who is under | 4531 |
transitional control, or who is under another
form of authorized | 4532 |
release under the supervision of the adult parole
authority | 4533 |
absconds from supervision, the
supervising adult parole authority | 4534 |
field officer shall report that
fact
to the superintendent of | 4535 |
parole supervision, in
writing, and the authority
shall declare | 4536 |
that person to be a violator at large.
Upon being
advised of the | 4537 |
apprehension and availability for return of a
violator at large, | 4538 |
the superintendent of parole supervision shall
determine whether | 4539 |
the violator at large
should be restored to parole,
transitional | 4540 |
control,
another form of authorized release, or post-release | 4541 |
control. | 4542 |
(D) A person who is a parolee or
releasee,
who is under | 4556 |
transitional control, or who is under another form of
authorized | 4557 |
release under the supervision of the adult parole authority and | 4558 |
who has
violated a term or condition of the person's conditional | 4559 |
pardon, parole,
transitional control, other form of authorized | 4560 |
release, or post-release
control
shall be declared to be a | 4561 |
violator if the person is committed to a
correctional institution | 4562 |
outside the state to serve a sentence imposed upon
the person by a | 4563 |
federal court or a court of another state or if the person | 4564 |
otherwise leaves the state. | 4565 |
Sec. 2967.26. (A)(1) The department of rehabilitation and | 4568 |
correction, by
rule, may establish a transitional control program | 4569 |
for the purpose of
closely monitoring a prisoner's adjustment to | 4570 |
community
supervision during the final one hundred eighty days of | 4571 |
the
prisoner's confinement. If the department establishes a | 4572 |
transitional control program under this division, the adult
parole | 4573 |
authority may transfer eligible prisoners to transitional
control | 4574 |
status under the program during the final one hundred
eighty days | 4575 |
of their confinement and under the terms and conditions | 4576 |
established by the department, shall provide for the confinement | 4577 |
as provided in this division of each eligible prisoner so | 4578 |
transferred, and shall supervise each eligible prisoner so | 4579 |
transferred in one or more community control sanctions. Each | 4580 |
eligible prisoner who is transferred to transitional control | 4581 |
status under the program shall be confined in a suitable
facility | 4582 |
that is licensed pursuant to division
(C) of section 2967.14 of | 4583 |
the
Revised Code, or shall be confined in a
residence the | 4584 |
department has approved for this purpose and be
monitored pursuant | 4585 |
to an electronic monitoring device, as
defined in section 2929.01 | 4586 |
of the
Revised Code. If the department
establishes a transitional | 4587 |
control program under this division,
the rules establishing the | 4588 |
program shall include criteria that
define which prisoners are | 4589 |
eligible for the program, criteria
that must be satisfied to be | 4590 |
approved as a residence that may be
used for confinement under the | 4591 |
program of a prisoner that is
transferred to it and procedures for | 4592 |
the department to approve
residences that satisfy those criteria, | 4593 |
and provisions of the
type described in division (C)
of this | 4594 |
section. At a minimum, the criteria that define which
prisoners | 4595 |
are eligible for the program shall provide all of the
following: | 4596 |
(2) At least three weeks prior to
transferring to | 4612 |
transitional control under
this section a prisoner who is serving | 4613 |
a term of imprisonment or prison
term for an offense committed on | 4614 |
or after July 1, 1996,
the adult parole authority shall give | 4615 |
notice of the pendency of
the transfer to transitional control to | 4616 |
the court of common pleas of the county in which the indictment | 4617 |
against the
prisoner was found and of the fact that the court may | 4618 |
disapprove the
transfer of
the prisoner to transitional control | 4619 |
and shall include a report prepared by
the head of the state | 4620 |
correctional institution in which the prisoner is
confined. The | 4621 |
head of the state correctional institution in which the
prisoner | 4622 |
is confined, upon the request of the adult parole authority, shall | 4623 |
provide to the authority for inclusion in the notice sent to the | 4624 |
court under
this division a report on the prisoner's conduct in | 4625 |
the institution and in any
institution from which the prisoner may | 4626 |
have been transferred. The report
shall cover the prisoner's | 4627 |
participation in school, vocational training, work,
treatment, and | 4628 |
other rehabilitative activities and any disciplinary action
taken | 4629 |
against the prisoner. If the
court disapproves of the transfer of | 4630 |
the prisoner to transitional
control, the court shall notify
the | 4631 |
authority of the disapproval within
thirty
days after receipt of | 4632 |
the notice. If the court timely disapproves the
transfer
of the | 4633 |
prisoner to transitional control, the
authority shall not proceed | 4634 |
with the transfer.
If the court does not timely disapprove the | 4635 |
transfer of
the prisoner to transitional control, the
authority | 4636 |
may transfer the
prisoner to transitional control. | 4637 |
(3) If the victim of an offense for which a prisoner was | 4638 |
sentenced to a prison term or term of imprisonment has requested | 4639 |
notification under section 2930.16 of the Revised Code and has | 4640 |
provided the
department of rehabilitation and correction with the | 4641 |
victim's name and
address, the adult parole authority, at least | 4642 |
three weeks prior to
transferring the prisoner to
transitional | 4643 |
control pursuant to this section, shall notify
the victim of the | 4644 |
pendency of the transfer and of the
victim's right to submit
a | 4645 |
statement to the authority regarding the impact of the
transfer of | 4646 |
the
prisoner to transitional control. If the victim
subsequently | 4647 |
submits a statement of that nature to the authority, the
authority | 4648 |
shall consider the statement in deciding whether to
transfer the | 4649 |
prisoner to transitional control. | 4650 |
(4) The department of rehabilitation and correction, at least | 4651 |
three weeks prior to a hearing to transfer thetransferring a | 4652 |
prisoner to transitional control pursuant to this section, shall | 4653 |
post on the database it maintains pursuant to section 5120.66 of | 4654 |
the Revised Code the prisoner's name and all of the information | 4655 |
specified in division (A)(1)(c)(iv) of that section. In addition | 4656 |
to and independent of the right of a victim to submit a statement | 4657 |
as described in division (A)(3) of this section or to otherwise | 4658 |
make a statement and in addition to and independent of any other | 4659 |
right or duty of a person to present information or make a | 4660 |
statement, any person may send to the adult parole authority at | 4661 |
any time prior to the authority's transfer of the prisoner to | 4662 |
transitional control a written statement regarding the transfer of | 4663 |
the prisoner to transitional control. In addition to the | 4664 |
information, reports, and statements it considers under divisions | 4665 |
(A)(2) and (3) of this section or that it otherwise considers, the | 4666 |
authority shall consider each statement submitted in accordance | 4667 |
with this division in deciding whether to transfer the prisoner to | 4668 |
transitional control. | 4669 |
(D) The department of rehabilitation and correction may
adopt | 4683 |
rules for the issuance of passes for the limited purposes | 4684 |
described in this division to prisoners who are transferred to | 4685 |
transitional control under this section. If the department
adopts | 4686 |
rules of that nature, the rules shall govern the granting
of the | 4687 |
passes and shall provide for the supervision of prisoners
who are | 4688 |
temporarily released pursuant to one of those passes. Upon the | 4689 |
adoption of
rules under this division, the department may issue | 4690 |
passes to
prisoners who are transferred to transitional control | 4691 |
status
under this section in accordance with the rules and the | 4692 |
provisions of this division. All passes issued under this
division | 4693 |
shall be for a maximum of forty-eight hours and may be
issued only | 4694 |
for the following purposes: | 4695 |
(E) The adult parole authority may require a
prisoner
who is | 4701 |
transferred to transitional control to pay to
the division of | 4702 |
parole and community services
the reasonable expenses incurred by | 4703 |
the division in supervising or confining the prisoner while under | 4704 |
transitional control. Inability to pay those
reasonable expenses | 4705 |
shall not be
grounds
for refusing to transfer an otherwise | 4706 |
eligible
prisoner to transitional control. Amounts received by
the | 4707 |
division of
parole and community services
under this division | 4708 |
shall be deposited into the transitional
control fund, which is | 4709 |
hereby created in the state treasury and which hereby replaces and | 4710 |
succeeds
the furlough services fund that formerly existed in the | 4711 |
state treasury. All
moneys that remain in the furlough services | 4712 |
fund on
March 17, 1998, shall
be
transferred on that date to the | 4713 |
transitional control fund. The
transitional
control fund shall be | 4714 |
used
solely to pay costs
related to the operation of the | 4715 |
transitional control
program
established under this section. The | 4716 |
director of
rehabilitation
and correction shall adopt rules in | 4717 |
accordance
with section 111.15
of the Revised Code for the use of | 4718 |
the fund. | 4719 |
If a prisoner is transferred to transitional control under | 4727 |
this section, upon successful completion of the period of | 4728 |
transitional control, the prisoner may be
released on parole or | 4729 |
under post-release control pursuant to section 2967.13
or 2967.28 | 4730 |
of the Revised Code and rules
adopted by the department of | 4731 |
rehabilitation and
correction. If the prisoner is released under | 4732 |
post-release control, the
duration of
the post-release control, | 4733 |
the type of post-release control
sanctions that may be imposed, | 4734 |
the enforcement of the sanctions,
and the treatment of prisoners | 4735 |
who violate any sanction
applicable to the prisoner are governed | 4736 |
by section 2967.28 of
the Revised Code. | 4737 |
(B) Each sentence to a prison term for a felony
of the first | 4745 |
degree, for a felony of the second degree, for a felony sex | 4746 |
offense, or for a felony of the third degree
that is not a felony | 4747 |
sex offense and in the commission of which the offender
caused or | 4748 |
threatened to cause physical harm to a person shall include a | 4749 |
requirement that the offender be subject to a period of | 4750 |
post-release control imposed by the parole board after the | 4751 |
offender's
release from imprisonment. If a court imposes a | 4752 |
sentence including a prison term of a type described in this | 4753 |
division on or after the effective date of this amendmentJuly 11, | 4754 |
2006, the failure of a sentencing court to notify the offender | 4755 |
pursuant to division (B)(3)(c) of section 2929.19 of the Revised | 4756 |
Code of this requirement or to include in the judgment of | 4757 |
conviction entered on the journal a statement that the offender's | 4758 |
sentence includes this requirement does not negate, limit, or | 4759 |
otherwise affect the mandatory period of supervision that is | 4760 |
required for the offender under this division. Section 2929.191 of | 4761 |
the Revised Code applies if, prior to the effective date of this | 4762 |
amendmentJuly 11, 2006, a court imposed a sentence including a | 4763 |
prison term of a type described in this division and failed to | 4764 |
notify the offender pursuant to division (B)(3)(c) of section | 4765 |
2929.19 of the Revised Code regarding post-release control or to | 4766 |
include in the judgment of conviction entered on the journal or in | 4767 |
the sentence pursuant to division (F)(1) of section 2929.14 of the | 4768 |
Revised Code a statement regarding post-release control. Unless | 4769 |
reduced by the
parole board
pursuant to division (D) of this | 4770 |
section when
authorized under that
division, a period of | 4771 |
post-release control
required by this division for an offender | 4772 |
shall be of one
of the
following periods: | 4773 |
(C) Any sentence to a prison term for a felony
of the third, | 4781 |
fourth, or
fifth degree that is not subject to division (B)(1) or | 4782 |
(3) of this
section shall include a requirement that the offender | 4783 |
be
subject to a period of post-release control of up to three | 4784 |
years
after the offender's release from imprisonment, if the | 4785 |
parole board, in
accordance with division (D) of this section, | 4786 |
determines that a
period of post-release control is necessary for | 4787 |
that offender. Section 2929.191 of the Revised Code applies if, | 4788 |
prior to the effective date of this amendmentJuly 11, 2006, a | 4789 |
court imposed a sentence including a prison term of a type | 4790 |
described in this division and failed to notify the offender | 4791 |
pursuant to division (B)(3)(d) of section 2929.19 of the Revised | 4792 |
Code regarding post-release control or to include in the judgment | 4793 |
of conviction entered on the journal or in the sentence pursuant | 4794 |
to division (F)(2) of section 2929.14 of the Revised Code a | 4795 |
statement regarding post-release control. Pursuant to an agreement | 4796 |
entered into under section 2967.29 of the Revised Code, a court of | 4797 |
common pleas or parole board may impose sanctions or conditions on | 4798 |
an offender who is placed on post-release control under this | 4799 |
division. | 4800 |
(D)(1) Before the prisoner is released from
imprisonment,
the | 4801 |
parole board or, pursuant to an agreement under section 2967.29 of | 4802 |
the Revised Code, the court
shall impose upon a prisoner
described | 4803 |
in
division (B) of this section, may impose
upon a prisoner | 4804 |
described
in division (C) of this
section, and shall impose upon a | 4805 |
prisoner
described in division
(B)(2)(b) of section 5120.031 or in | 4806 |
division
(B)(1) of section 5120.032 of the Revised
Code, one or | 4807 |
more
post-release control sanctions to apply
during the prisoner's | 4808 |
period of post-release control. Whenever the board or court | 4809 |
imposes one or
more post-release control sanctions upon a | 4810 |
prisoner, the board or court,
in
addition to imposing the | 4811 |
sanctions, also shall include as a
condition of
the post-release | 4812 |
control that the individual or felonoffender
not
leave the state | 4813 |
without permission of the court or the
individual's or felon's | 4814 |
offender's
parole or probation officer and that the
individual or | 4815 |
felonoffender abide by the
law. The board or court may impose any | 4816 |
other
conditions of release under a post-release control sanction | 4817 |
that the board or court
considers appropriate, and the conditions | 4818 |
of
release may include any
community residential sanction, | 4819 |
community
nonresidential sanction, or
financial sanction that the | 4820 |
sentencing
court was authorized to impose pursuant
to sections | 4821 |
2929.16,
2929.17, and 2929.18 of the Revised Code. Prior to
the | 4822 |
release of
a prisoner for whom it will impose one or more | 4823 |
post-release
control sanctions under this division, the parole | 4824 |
board or court shall
review the
prisoner's
criminal history, all | 4825 |
juvenile court
adjudications finding the prisoner, while a | 4826 |
juvenile, to be a
delinquent child, and the record of the | 4827 |
prisoner's conduct while
imprisoned. The parole board or court | 4828 |
shall consider any recommendation
regarding
post-release control | 4829 |
sanctions for the prisoner made by
the office of victims' | 4830 |
services. After considering those
materials, the board or court | 4831 |
shall
determine, for a prisoner described in
division (B) of
this | 4832 |
section, division (B)(2)(b) of
section
5120.031, or division | 4833 |
(B)(1) of section 5120.032
of the Revised
Code, which post-release | 4834 |
control
sanction or combination of
post-release control sanctions | 4835 |
is
reasonable under the
circumstances or, for a prisoner described | 4836 |
in division (C) of this
section, whether a post-release
control | 4837 |
sanction is necessary and,
if so, which post-release
control | 4838 |
sanction or combination of
post-release control sanctions
is | 4839 |
reasonable under the
circumstances. In the case of a prisoner | 4840 |
convicted of
a felony of
the fourth
or fifth degree other than a | 4841 |
felony sex offense, the
board or court shall presume that | 4842 |
monitored time is the appropriate
post-release control sanction | 4843 |
unless the
board or court determines that a
more restrictive | 4844 |
sanction is
warranted. A post-release control
sanction imposed | 4845 |
under this
division takes effect upon the
prisoner's release from | 4846 |
imprisonment. | 4847 |
Regardless of whether the prisoner was sentenced to the | 4848 |
prison term prior to, on, or after the effective date of this | 4849 |
amendmentJuly 11, 2006, prior to the release of a prisoner for | 4850 |
whom it will impose one or more post-release control sanctions | 4851 |
under this division, the parole board shall notify the prisoner | 4852 |
that, if the prisoner violates any sanction so imposed or any | 4853 |
condition of post-release control described in division (B) of | 4854 |
section 2967.131 of the Revised Code that is imposed on the | 4855 |
prisoner, the parole board may impose a prison term of up to | 4856 |
one-half of the stated prison term originally imposed upon the | 4857 |
prisoner. | 4858 |
(2) At any time after a prisoner is
released from | 4859 |
imprisonment and during the period of post-release control | 4860 |
applicable to the releasee, the adult parole
authority or, | 4861 |
pursuant to an agreement under section 2967.29 of the Revised | 4862 |
Code, the court may
review
the releasee's behavior under the | 4863 |
post-release control
sanctions
imposed upon the releasee under | 4864 |
this section. The authority or court may
determine, based upon the | 4865 |
review and in accordance with the
standards
established under | 4866 |
division (E) of this section, that a
more
restrictive or a
less | 4867 |
restrictive sanction is appropriate and
may impose a
different | 4868 |
sanction. Unless the period of
post-release control was imposed | 4869 |
for
an offense described in
division (B)(1) of this section, the | 4870 |
The
authority also may recommend
that the parole board or court | 4871 |
increase or reduce the
duration of the period of
post-release | 4872 |
control imposed by the
court. If the authority recommends that the | 4873 |
board or court increase the duration of post-release control, the | 4874 |
board or court shall review the releasee's behavior and may | 4875 |
increase the duration of the period of post-release control | 4876 |
imposed by the court up to eight years. If the authority | 4877 |
recommends that the board or court
reduce the duration of control | 4878 |
for an
offense described in division
(B)(2), (B)(3), or (C) of | 4879 |
this
section, the board or court
shall review the
releasee's | 4880 |
behavior and may
reduce the duration of the period of
control | 4881 |
imposed by the court.
In no case shall the board or court reduce | 4882 |
the duration
of the period of
control imposed by the court for an | 4883 |
offense described in
division
(B)(1) of this section to a period | 4884 |
less than the length of the stated prison term originally imposed, | 4885 |
and in no case shall the board or court
permit the
releasee to | 4886 |
leave the
state without permission of the court or the
releasee's | 4887 |
parole or probation
officer. | 4888 |
(3) Establish standards to be used by the parole board
in | 4900 |
reducing the duration of the period of post-release control | 4901 |
imposed by the court when authorized under division (D) of this | 4902 |
section, in imposing a more restrictive post-release
control | 4903 |
sanction than monitored time upon a prisoner convicted of a felony | 4904 |
of
the fourth or fifth
degree other than a felony sex offense, or | 4905 |
in imposing a less restrictive
control sanction
upon a releasee | 4906 |
based on the releasee's activities including, but
not limited to, | 4907 |
remaining free from criminal activity and from
the abuse of | 4908 |
alcohol or other drugs, successfully participating
in approved | 4909 |
rehabilitation programs, maintaining employment, and
paying | 4910 |
restitution to the victim or meeting the terms of other
financial | 4911 |
sanctions; | 4912 |
(F)(1) Whenever the parole board imposes one or more | 4930 |
post-release control sanctions upon an
offender under
this | 4931 |
section,
the offender upon release from
imprisonment shall be | 4932 |
under the general
jurisdiction of the
adult
parole authority and | 4933 |
generally shall be supervised by the
field services section | 4934 |
through its staff of parole and
field
officers
as described in | 4935 |
section 5149.04 of the Revised
Code, as if the
offender had been | 4936 |
placed on parole. If the
offender upon release
from imprisonment | 4937 |
violates the
post-release
control sanction or
any
conditions | 4938 |
described in
division (A) of
section 2967.131 of
the Revised Code | 4939 |
that are imposed on
the
offender, the public or
private
person or | 4940 |
entity that
operates or
administers the sanction
or the program or | 4941 |
activity
that comprises
the sanction shall
report the violation | 4942 |
directly
to the adult
parole authority or to
the officer of the | 4943 |
authority
who supervises
the offender. The
authority's officers | 4944 |
may treat
the offender as
if the offender
were on parole and in | 4945 |
violation of the
parole, and
otherwise shall
comply with this | 4946 |
section. | 4947 |
(2) If the adult parole authority or, pursuant to an | 4948 |
agreement under section 2967.29 of the Revised Code, the court | 4949 |
determines that a
releasee
has violated a post-release control | 4950 |
sanction or any conditions
described in division (A) of section | 4951 |
2967.131 of the Revised Code
imposed
upon the releasee and that a | 4952 |
more restrictive sanction is
appropriate,
the authority or court | 4953 |
may impose a more restrictive sanction
upon the
releasee, in | 4954 |
accordance with the standards established
under
division (E) of | 4955 |
this section or in accordance with the agreement made under | 4956 |
section 2967.29 of the Revised Code,
or may report the violation | 4957 |
to
the parole board for
a hearing
pursuant to division (F)(3) of | 4958 |
this
section. The
authority or court may not, pursuant to this | 4959 |
division,
increase
the duration of the releasee's post-release | 4960 |
control or
impose as a
post-release control sanction a | 4961 |
residential sanction
that includes
a prison term,
but the | 4962 |
authority or court may impose on the
releasee any other | 4963 |
residential
sanction, nonresidential sanction,
or financial | 4964 |
sanction that the sentencing
court was authorized to
impose | 4965 |
pursuant to sections 2929.16, 2929.17, and
2929.18 of the
Revised | 4966 |
Code. | 4967 |
(3) The parole board or, pursuant to an agreement under | 4968 |
section 2967.29 of the Revised Code, the court may hold a hearing | 4969 |
on
any alleged
violation by a releasee of a post-release control | 4970 |
sanction or any
conditions described in
division (A) of
section | 4971 |
2967.131 of the
Revised Code that are imposed upon the
releasee. | 4972 |
If after the
hearing the
board or court finds that
the releasee | 4973 |
violated the sanction or
condition, the board or court
may | 4974 |
increase the
duration of the releasee's
post-release control up to | 4975 |
the maximum
duration authorized by
division (B) or (C) of
this | 4976 |
section or impose a more restrictive
post-release control | 4977 |
sanction.
When appropriate, the board or court may
impose as a | 4978 |
post-release control sanction a residential sanction
that
includes | 4979 |
a prison term.
The board or court shall consider a prison
term as | 4980 |
a post-release control
sanction imposed for a violation of | 4981 |
post-release control when the
violation
involves a deadly weapon | 4982 |
or dangerous ordnance, physical harm or
attempted serious physical | 4983 |
harm to a person, or sexual misconduct,
or when the releasee | 4984 |
committed repeated violations of
post-release control sanctions. | 4985 |
TheUnless a releasee's stated prison term was reduced pursuant to | 4986 |
section 5120.032 of the Revised Code, the period of a prison term | 4987 |
that
is
imposed as a post-release
control sanction under this | 4988 |
division shall not
exceed nine months,
and the maximum cumulative | 4989 |
prison term for all
violations under
this division shall not | 4990 |
exceed one-half
of the stated prison
term
originally imposed upon | 4991 |
the offender as part of this sentence.
If a releasee's stated | 4992 |
prison term was reduced pursuant to section 5120.032 of the | 4993 |
Revised Code, the period of a prison term that is imposed as a | 4994 |
post-release control sanction under this division and the maximum | 4995 |
cumulative prison term for all violations under this division | 4996 |
shall not exceed the period of time not served in prison under the | 4997 |
sentence imposed by the court. The
period of a prison term that is | 4998 |
imposed as a
post-release
control
sanction under this division | 4999 |
shall not count as, or be
credited
toward, the remaining period of | 5000 |
post-release control. | 5001 |
Sec. 4507.51. (A)(1) Every application for an
identification | 5079 |
card or duplicate shall be made on a form
furnished
by the | 5080 |
registrar of motor vehicles, shall be signed by
the
applicant, and | 5081 |
by the applicant's parent or guardian if
the
applicant is
under | 5082 |
eighteen years of age, and shall contain the
following
information | 5083 |
pertaining to the applicant: name, date of
birth,
sex, general | 5084 |
description including the applicant's height,
weight, hair color, | 5085 |
and eye color, address,
and social security
number. The | 5086 |
application also shall state whether an applicant wishes to | 5087 |
certify willingness to
make an anatomical gift under section | 5088 |
2108.04 of the Revised Code
and shall include information about | 5089 |
the requirements of that
section that apply to persons who are | 5090 |
less than eighteen years of
age. The statement regarding | 5091 |
willingness to make such a
donation
shall be given no | 5092 |
consideration in the decision of whether to
issue an | 5093 |
identification card. Each applicant shall be
photographed in
color | 5094 |
at the time of making application. | 5095 |
(B) The application for an identification card or
duplicate | 5112 |
shall be filed in the office of the registrar or
deputy registrar. | 5113 |
Each applicant shall present documentary evidence as
required by | 5114 |
the registrar of the applicant's age and
identity,
and the | 5115 |
applicant shall swear that all
information
given is true. An | 5116 |
identification card issued by the department of rehabilitation and | 5117 |
correction under section 5120.59 of the Revised Code shall be | 5118 |
sufficient documentary evidence under this division. Upon issuing | 5119 |
an identification card under this section for a person who has | 5120 |
been issued an identification card under section 5120.59 of the | 5121 |
Revised Code, the registrar or deputy registrar shall destroy the | 5122 |
identification card issued under section 5120.59 of the Revised | 5123 |
Code. | 5124 |
Sec. 4743.06. Not later than one hundred eighty days after | 5132 |
the effective date of this section, each board, commission, or | 5133 |
agency that is created under or by virtue of Title XLVII of the | 5134 |
Revised Code and that is
authorized to deny licensure or | 5135 |
certification without offering an
opportunity for a hearing | 5136 |
pursuant to Chapter 119. of the Revised
Code to applicants who | 5137 |
have been convicted of, pleaded guilty to,
or had a judicial | 5138 |
finding of guilt for any specified criminal
offense regardless of | 5139 |
the jurisdiction in which the offense was
committed and that | 5140 |
intends to add specified criminal offenses to the list of criminal | 5141 |
offenses for which licensure or certification can be so denied on | 5142 |
the effective date of this section shall
promulgate rules | 5143 |
pursuant to Chapter 119. of the
Revised Code
that list each of | 5144 |
the additional criminal offenses for which licensure or | 5145 |
certification can be so denied and state the basis for which each | 5146 |
of those specified criminal offenses is
substantially
related to | 5147 |
a
person's fitness and ability to
perform the duties
and | 5148 |
responsibilities of the occupation,
profession, or trade. | 5149 |
(C) In consultation with persons interested and involved in | 5178 |
the reentry of ex-offenders into the community, including but not | 5179 |
limited to, service providers, community-based organizations, and | 5180 |
local governments, the coalition shall identify and examine social | 5181 |
service barriers and other obstacles to the reentry of | 5182 |
ex-offenders into the community. Not later than one year after the | 5183 |
effective date of this act and on or before the same date of each | 5184 |
year thereafter, the coalition shall submit to the speaker of the | 5185 |
house of representatives and the president of the senate a report, | 5186 |
including recommendations for legislative action, the
activities | 5187 |
of the coalition, and the barriers affecting the
successful | 5188 |
reentry of ex-offenders into the community. The report
shall | 5189 |
analyze the effects of those barriers on ex-offenders and on | 5190 |
their children and other family members in various areas, | 5191 |
including but not limited to, the following: | 5192 |
Sec. 5120.59. Before a prisoner is released from a state | 5232 |
correctional institution, the department of rehabilitation and | 5233 |
correction shall attempt to verify the prisoner's identification | 5234 |
and social security number. If the department is not able to | 5235 |
verify the prisoner's identification and social security number, | 5236 |
if the prisoner has no other documentary evidence required by
the | 5237 |
registrar of motor vehicles for the issuance of an
identification | 5238 |
card under section 4507.50 of the Revised Code, and if the | 5239 |
department determines that the prisoner is legally living in the | 5240 |
United States, the
department shall issue to the prisoner upon | 5241 |
the prisoner's release
an identification card that the prisoner | 5242 |
may present to the
registrar or a deputy registrar of motor | 5243 |
vehicles to obtain an
identification card under section 4507.50 | 5244 |
of the Revised Code. The
director of rehabilitation and | 5245 |
correction may adopt rules for the
implementation of this | 5246 |
section. | 5247 |
(B) The department of
rehabilitation and correction shall | 5259 |
establish and administer a
statewide random drug testing program | 5260 |
in which all persons who
were convicted of or pleaded guilty to a | 5261 |
felony offense and are
serving a stated prison term in a state | 5262 |
correctional institution
shall submit
to random drug testing. The | 5263 |
department may enter into contracts with
laboratories or entities | 5264 |
in the state that are accredited by the
national institute on drug | 5265 |
abuse to
perform blood or urine specimen collection, | 5266 |
documentation,
maintenance, transportation, preservation, storage, | 5267 |
and analyses
and other duties required under this section in the | 5268 |
performance
of random drug testing of prisoners in those | 5269 |
correctional
institutions. The terms
of any contract entered into | 5270 |
under this division shall include a requirement
that the | 5271 |
laboratory or entity and its employees, the superintendents, | 5272 |
managing officers, and employees of state correctional | 5273 |
institutions, all
employees of the department, and all other | 5274 |
persons comply with the
standards for the performance of random | 5275 |
drug testing as
specified in the policies and procedures | 5276 |
established by the department
under division (D) of this
section. | 5277 |
If no laboratory or entity has entered into a
contract as | 5278 |
specified in this division, the department shall
cause a prisoner | 5279 |
to submit to random drug testing performed by a
reputable public | 5280 |
laboratory to determine whether the prisoner
ingested or was | 5281 |
injected with a drug of abuse. | 5282 |
(E) The warden of each correctional institution, pursuant to | 5351 |
the contract entered into under division
(B) of this section or, | 5352 |
if no
contract was entered into under that division, pursuant to | 5353 |
the
policies and procedures established by the department of | 5354 |
rehabilitation and correction under division
(D) of this section, | 5355 |
shall
facilitate the collection, documentation, maintenance, and | 5356 |
transportation by the laboratory or entity described in
division | 5357 |
(B) of this section,
of the blood or urine specimens of the | 5358 |
prisoners in the state
correctional institution who are subject to | 5359 |
random
drug testing. | 5360 |
(F) A laboratory or entity that performs random drug testing | 5361 |
of
prisoners and analyses of blood or urine specimens under this | 5362 |
section shall transmit the results of each drug test to the | 5363 |
department of rehabilitation and correction. The department shall | 5364 |
file for
record the results of the drug tests that indicate | 5365 |
whether or not each
prisoner in the state
correctional institution | 5366 |
who was subjected to the drug test
ingested or was injected with a | 5367 |
drug of abuse. The department
shall send a copy of the results of | 5368 |
the drug tests to the warden
of the state correctional institution | 5369 |
in which the prisoner who was subjected
to the drug test is | 5370 |
confined. The warden shall
give appropriate notice of the drug | 5371 |
test results
to each prisoner who was subjected
to the drug test | 5372 |
and whose drug test results indicate that the prisoner
ingested or | 5373 |
was injected with a drug of abuse. In accordance with | 5374 |
institutional disciplinary procedures, the warden
shall afford | 5375 |
that prisoner an opportunity to be
heard regarding the results of | 5376 |
the drug test and to present contrary evidence
at a hearing held | 5377 |
before the warden within thirty days after notification to
the | 5378 |
prisoner under this division. After the hearing, if a hearing is | 5379 |
held,
the warden
shall make a determination regarding any
evidence | 5380 |
presented by the prisoner. If the warden
rejects the evidence | 5381 |
presented by the prisoner
at the hearing or if no hearing is held | 5382 |
under this division, the
warden may subject the prisoner to | 5383 |
sanctions that include payment of the fee
for the test. | 5384 |
(b) For each offense for which the inmate was sentenced to a | 5407 |
prison term or term of imprisonment and is in the department's | 5408 |
custody, the name of the offense, the Revised Code section of | 5409 |
which the offense is a violation, the gender of each victim of the | 5410 |
offense if those facts are known, whether each victim of the | 5411 |
offense was an adult or child if those facts are known, the range | 5412 |
of the possible prison terms or term of imprisonment that could | 5413 |
have been imposed for the offense, the actual prison term or term | 5414 |
of imprisonment imposed for the offense, the county in which the | 5415 |
offense was committed, the date on which the inmate began serving | 5416 |
the prison term or term of imprisonment imposed for the offense, | 5417 |
and either the date on which the inmate will be eligible for | 5418 |
parole relative to the offense if the prison term or term of | 5419 |
imprisonment is an indefinite term or life term or the date on | 5420 |
which the term ends if the prison term is a definite term; | 5421 |
(ii) If the inmate is serving a prison term pursuant to | 5433 |
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), | 5434 |
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised | 5435 |
Code, prior to the
conduct of any hearing pursuant to section | 5436 |
2971.05 of the Revised
Code to determine whether to modify the | 5437 |
requirement that the
inmate serve the entire prison term in a | 5438 |
state correctional
facility in accordance with division (C) of | 5439 |
that section, whether
to continue, revise, or revoke any existing | 5440 |
modification of that
requirement, or whether to terminate the | 5441 |
prison term in accordance
with division (D) of that section, | 5442 |
notice of the fact that the
inmate will be having a hearing | 5443 |
regarding those determinations and
of the date of the hearing; | 5444 |
(2) Each division established by the
director of youth | 5534 |
services shall consist of managing officers and
other employees, | 5535 |
including those employed in institutions and
regions as necessary | 5536 |
to perform the functions assigned to them.
The director, | 5537 |
assistant director, or appropriate deputy director
or managing | 5538 |
officer of the department shall supervise the work of
each | 5539 |
division and determine general policies governing the
exercise of | 5540 |
powers vested in the department and assigned to each
division.
The | 5541 |
appropriate managing officer or deputy director is
responsible
to | 5542 |
the director or assistant director for the
organization, | 5543 |
direction, and supervision of the work of the
division or unit and | 5544 |
for the exercise of the powers and the
performance of the duties | 5545 |
of the department assigned to it and,
with the director's | 5546 |
approval, may establish bureaus or other
administrative units | 5547 |
within the department. | 5548 |
(B) The director shall appoint all managing officers, who | 5549 |
shall be in the unclassified civil service. The director
may | 5550 |
appoint a person who holds a certified position in the classified | 5551 |
service
within the department to a position as a managing officer | 5552 |
within the department. A person appointed pursuant to this | 5553 |
division to a position as a managing officer shall retain the | 5554 |
right to
resume the position and status held by the person in the | 5555 |
classified service
immediately prior to the person's appointment | 5556 |
as managing officer, regardless of the
number of positions the | 5557 |
person
held in the unclassified service. A managing officer's | 5558 |
right to resume a position in the classified service may only be | 5559 |
exercised when the director demotes the managing officer to a pay | 5560 |
range lower than the managing officer's current pay range or | 5561 |
revokes the managing officer's appointment to the position of | 5562 |
managing officer. A managing officer forfeits the right to resume | 5563 |
a position in the classified service when the managing officer is | 5564 |
removed from the position of managing officer due to incompetence, | 5565 |
inefficiency, dishonesty, drunkenness, immoral conduct, | 5566 |
insubordination, discourteous treatment of the public, neglect of | 5567 |
duty, violation of this chapter or Chapter 124. of the Revised | 5568 |
Code, the rules of the director of youth services or the director | 5569 |
of administrative services, any other failure of good behavior, | 5570 |
any other acts of misfeasance, malfeasance, or nonfeasance in | 5571 |
office, or conviction of a felony. A managing officer also | 5572 |
forfeits the right to resume a position in the classified service | 5573 |
upon transfer to a different agency. | 5574 |
Reinstatement to a position in the classified service shall | 5575 |
be to the position held
in the classified
service immediately | 5576 |
prior to appointment as managing officer,
or
to another position | 5577 |
certified by the director of administrative services as being | 5578 |
substantially equal to that position. If the
position the person | 5579 |
previously held in the classified service immediately prior to | 5580 |
appointment as a managing officer has been placed
in the | 5581 |
unclassified
service or is otherwise unavailable, the person shall | 5582 |
be appointed to a
position in the classified service within the | 5583 |
department
that the director of administrative services certifies | 5584 |
is comparable in
compensation to the position the person | 5585 |
previously held in the classified
service.
Service as a managing | 5586 |
officer shall be counted as service in the
position in the | 5587 |
classified service held by the person
immediately prior to the | 5588 |
person's
appointment as a managing officer. If a
person is | 5589 |
reinstated to a
position in the classified service
under this | 5590 |
division, the person
shall be returned to the pay range and step | 5591 |
to which the
person
had been assigned at the time of the | 5592 |
appointment as
managing
officer. Longevity, where applicable, | 5593 |
shall be calculated
pursuant to the provisions of section 124.181 | 5594 |
of the Revised Code. | 5595 |
Sec. 5139.18. (A) Except with respect to children who are | 5609 |
granted a judicial release to court supervision pursuant to | 5610 |
division
(B) of section
2152.22 of the Revised Code, the | 5611 |
department of youth
services is
responsible for locating homes or | 5612 |
jobs for children released from
its institutions, for supervision | 5613 |
of children released from its
institutions, and for providing or | 5614 |
arranging for the provision to
those children of appropriate | 5615 |
services that are required to
facilitate their satisfactory | 5616 |
community adjustment. Regional administrators through their staff | 5617 |
of parole officers shall supervise children paroled or released to | 5618 |
community supervision in a manner that insures as nearly as | 5619 |
possible the children's rehabilitation and that provides maximum | 5620 |
protection to the general public. | 5621 |
(B) The department of youth services shall exercise
general | 5622 |
supervision over all children who have been released on
placement | 5623 |
from any of its institutions other than children who
are granted a | 5624 |
judicial release to court supervision pursuant to
division (B) of | 5625 |
section
2152.22 of the Revised Code. The director of
youth | 5626 |
services, with the consent and approval of the board of
county | 5627 |
commissioners of any county, may contract with the
public children | 5628 |
services agency of that county, the department of probation of | 5629 |
that county established pursuant to section 2301.27 of the
Revised | 5630 |
Code, or the probation department or service established
pursuant | 5631 |
to sections 2151.01 to 2151.54 of the Revised Code for
the | 5632 |
provision of direct supervision and control over and the
provision | 5633 |
of supportive assistance to all children who have been
released on | 5634 |
placement into that county from any of its
institutions, or, with | 5635 |
the consent of the juvenile judge or the
administrative judge of | 5636 |
the juvenile court of any county,
contract with any other public | 5637 |
agency, institution, or
organization that is qualified to provide | 5638 |
the care and
supervision that is required under the terms and | 5639 |
conditions of
the child's treatment plan for the provision of | 5640 |
direct
supervision and control over and the provision of | 5641 |
supportive
assistance to all children who have been released on | 5642 |
placement
into that county from any of its institutions. | 5643 |
(D) In accordance with division (D) of section 2151.14 of the | 5655 |
Revised Code, a court may issue an order requiring boards of | 5656 |
education, governing bodies of chartered nonpublic schools, public | 5657 |
children services agencies, private child placing agencies, | 5658 |
probation departments, law enforcement agencies, and prosecuting | 5659 |
attorneys that have records related to the child in question to | 5660 |
provide copies of one or more specified records, or specified | 5661 |
information in one or more specified records, that the individual | 5662 |
or entity has with respect to the child to the department of youth | 5663 |
services when the department has custody of the child or is | 5664 |
performing any services for the child that are required by the | 5665 |
juvenile court or by statute, and the department requests the | 5666 |
records in accordance with division (D)(3)(a) of section 2151.14 | 5667 |
of the Revised Code. | 5668 |
(E) Whenever any placement official has reasonable cause
to | 5669 |
believe that any child released by a court pursuant to section | 5670 |
2152.22
of the Revised Code has violated the conditions
of the | 5671 |
child's placement, the official may request, in
writing, from the | 5672 |
committing court or transferee court a custodial order, and,
upon | 5673 |
reasonable and probable cause, the court may order any sheriff, | 5674 |
deputy sheriff, constable, or police officer to apprehend the | 5675 |
child. A child so apprehended may be confined in the detention | 5676 |
facility of the county in which the child is apprehended
until | 5677 |
further order of the court. If a child who was released on | 5678 |
supervised
release by the release
authority of the department of | 5679 |
youth services or a child who was granted a judicial release to | 5680 |
department of youth services
supervision violates the
conditions | 5681 |
of the supervised release or judicial release,
section 5139.52 of | 5682 |
the Revised Code applies with respect to that child. | 5683 |
Sec. 5139.281. The department of youth services shall
adopt | 5684 |
rules prescribing the manner of application for financial | 5685 |
assistance under this section for the operation and maintenance
of | 5686 |
a detention facility provided, or district detention
facility | 5687 |
established, under section
2151.41 of the Revised Code
and | 5688 |
prescribing minimum standards of operation, including criteria
for | 5689 |
programs of education, training, counseling, recreation,
health, | 5690 |
and safety, and qualifications of personnel with which a
facility | 5691 |
shall comply as a condition of eligibility for
assistance
under | 5692 |
this section. If the board of county commissioners
providing a | 5693 |
detention facility or the board of trustees of
a district | 5694 |
detention facility applies to the department for assistance
and
if | 5695 |
the department finds that the application is in accordance with | 5696 |
the rules adopted under this section and that the facility
meets | 5697 |
the
minimum standards adopted under this section, the department | 5698 |
may
grant assistance to the applicant board for the operation and | 5699 |
maintenance of each facility in an amount not to exceed
fifty per | 5700 |
cent of the approved annual operating cost. The board shall make
a | 5701 |
separate application for each year for which assistance is | 5702 |
requested. | 5703 |
Sec. 5139.31. The department of youth services may inspect | 5715 |
any school, forestry camp, district detention facility, or
other | 5716 |
facility for which an application for financial assistance has | 5717 |
been made to the department under section
2152.43
or
2151.651 of | 5718 |
the Revised Code or for which financial
assistance
has
been | 5719 |
granted by the department under section
5139.27,
5139.271,
or | 5720 |
5139.281 of the Revised Code. The
inspection may
include, but
need | 5721 |
not be limited to, examination
and evaluation of
the physical | 5722 |
condition of the school, forestry
camp, district
detention | 5723 |
facility, or other facility,
including
any
equipment
used in | 5724 |
connection with it; observation and
evaluation
of the
training | 5725 |
programming and
treatment of children admitted to
it;
examination | 5726 |
and
analysis and
copying of any papers, records,
or
other | 5727 |
documents
relating to the
qualifications of personnel,
the | 5728 |
commitment of
children to it, and
its administration. | 5729 |
(2) The department may make referrals for the placement of | 5786 |
children in its custody to a community corrections facility. At | 5787 |
least forty-five days prior to the referral of a child or within | 5788 |
any shorter period prior to the referral of the child that the | 5789 |
committing court may allow, the department shall notify the | 5790 |
committing court of its intent to place the child in a community | 5791 |
corrections facility. The court shall have thirty days after the | 5792 |
receipt of the notice to approve or disapprove the placement. If | 5793 |
the court does not respond to the notice of the placement within | 5794 |
that thirty-day period, the department shall proceed with the | 5795 |
placement and debit the county in accordance with sections 5139.41 | 5796 |
to 5139.43 of the Revised Code. A child placed in a community | 5797 |
corrections facility pursuant to this division shall
remain in the | 5798 |
legal custody of the
department of youth services during the | 5799 |
period in which the child is in the community corrections | 5800 |
facility. | 5801 |
(F) If theThe board or other governing body of a community | 5807 |
corrections facility establishes an advisory board, the board or | 5808 |
other
governing authority of theshall meet not less often than | 5809 |
once per quarter. A community corrections facility shallmay | 5810 |
reimburse the
members of the board or other governing body of the | 5811 |
facility and the members of an advisory board created by the board | 5812 |
or other governing body of the facility for their actual and | 5813 |
necessary expenses incurred
in the performance of their official | 5814 |
duties on the advisory board. The
members of the board or other | 5815 |
governing body of the facility and the members of an advisory | 5816 |
boardsboard created by the board or other governing body of the | 5817 |
facility shall serve without compensation. | 5818 |
(B) From the appropriated line item for the care and custody | 5868 |
of felony delinquents, the department, with the advice of the | 5869 |
RECLAIM advisory committee established under section 5139.44 of | 5870 |
the Revised Code, shall allocate annual operational funds for | 5871 |
county juvenile programs, institutional care and custody, | 5872 |
community corrections facilities care and custody, and | 5873 |
administrative expenses incurred by the department associated with | 5874 |
felony delinquent care and custody programs. The department, with | 5875 |
the advice of the RECLAIM advisory committee, shall adjust these | 5876 |
allocations, when modifications to this line item are made by | 5877 |
legislative or executive action. | 5878 |
(C) The department shall divide county juvenile program | 5879 |
allocations among county juvenile courts that administer programs | 5880 |
and services for prevention, early intervention, diversion, | 5881 |
treatment, and rehabilitation that are provided for alleged or | 5882 |
adjudicated unruly or delinquent children or for children who are | 5883 |
at risk of becoming unruly or delinquent children. The department | 5884 |
shall base funding on the county's previous year's ratio of the | 5885 |
department's institutional and community correctional facilities | 5886 |
commitments to that county's four year average of felony | 5887 |
adjudications, divided by statewide ratios of commitments to | 5888 |
felony adjudications, as specified in the following formula: | 5889 |
(2) The department shall subtract from the allocation | 5907 |
determined pursuant to division (C)(1) of this section a credit | 5908 |
for every chargeable bed day a youth stays in a department | 5909 |
institution and two-thirds of credit for every chargeable bed day | 5910 |
a youth stays in a community correctional facility, except for | 5911 |
public safety beds. At the end of the year, the department shall | 5912 |
divide the amount of remaining credits of that county's allocation | 5913 |
by the total number of remaining credits to all counties, to | 5914 |
determine the county's percentage, which shall then be applied to | 5915 |
the total county allocation to determine the county's payment for | 5916 |
the fiscal year. | 5917 |
(B)(1) Each juvenile court shall use the moneys disbursed
to | 5942 |
it by the department of youth services pursuant to division
(B) of | 5943 |
section 5139.41 of the Revised Code in accordance with the | 5944 |
applicable provisions of
division (B)(2) of this section and shall | 5945 |
transmit the moneys to the county
treasurer for deposit in | 5946 |
accordance with this division. The county treasurer
shall create | 5947 |
in the county treasury a fund that shall be
known as the felony | 5948 |
delinquent care and custody fund and shall
deposit in that fund | 5949 |
the moneys disbursed to the juvenile
court pursuant to division | 5950 |
(B) of section 5139.41 of the Revised Code. The county treasurer | 5951 |
also
shall deposit into that fund the
state subsidy funds granted | 5952 |
to the county pursuant to section
5139.34 of the Revised Code. The | 5953 |
moneys
disbursed to the juvenile court pursuant to division
(B) of | 5954 |
section 5139.41 of the Revised Code and deposited pursuant to this | 5955 |
division in the felony delinquent care and custody fund shall not | 5956 |
be commingled
with any other county funds except state subsidy | 5957 |
funds granted to the
county pursuant to section 5139.34 of the | 5958 |
Revised Code; shall not be used for any capital
construction | 5959 |
projects; upon an
order of the juvenile court and subject to | 5960 |
appropriation by the
board of county commissioners, shall be | 5961 |
disbursed to the juvenile
court for use in accordance with the | 5962 |
applicable provisions of division
(B)(2) of this section;
shall | 5963 |
not revert to the county general fund at the end of any
fiscal | 5964 |
year; and shall carry over in the felony delinquent care and | 5965 |
custody
fund from the end of any fiscal year to the next fiscal | 5966 |
year. At the end of each fiscal year, beginning June 30, 2008, the | 5967 |
balance in the felony delinquent care and custody fund in any | 5968 |
county shall not exceed the total moneys allocated to the county | 5969 |
pursuant to sections 5139.34 and 5139.41 of the Revised Code | 5970 |
during the previous fiscal year, unless that county has applied | 5971 |
for and been granted an exemption by the director of youth | 5972 |
services. The department shall withhold from future payments to a | 5973 |
county an amount equal to any moneys in the felony delinquent care | 5974 |
and custody fund of the county that exceed the total moneys | 5975 |
allocated pursuant to those sections to the county during the | 5976 |
preceding fiscal year and shall reallocate the withheld amount. | 5977 |
The department shall adopt rules for the withholding and | 5978 |
reallocation of moneys disbursed under sections 5139.34 and | 5979 |
5139.41 of the Revised Code and for the criteria and process for a | 5980 |
county to obtain an exemption from the withholding requirement. | 5981 |
The moneys
disbursed to the juvenile court pursuant to division | 5982 |
(B) of section 5139.41 of the Revised Code and deposited pursuant | 5983 |
to this
division in the felony delinquent care and custody fund | 5984 |
shall be in
addition to, and shall not be used to reduce,
any | 5985 |
usual annual increase in county funding that the juvenile
court is | 5986 |
eligible to receive or the current level of county
funding of the | 5987 |
juvenile court and of any programs or services for
delinquent | 5988 |
children, unruly children, or juvenile traffic
offenders. | 5989 |
(ii) The moneys in the fund that
were disbursed to the | 6005 |
juvenile court pursuant to division
(B) of section 5139.41 of the | 6006 |
Revised Code and deposited pursuant to division
(B)(1) of this | 6007 |
section in the
fund shall be used to
provide programs and services | 6008 |
for the training,
treatment, or rehabilitation of felony | 6009 |
delinquents that are
alternatives to their commitment to the | 6010 |
department, including,
but not limited to, community residential | 6011 |
programs, day treatment
centers, services within the home, and | 6012 |
electronic monitoring, and shall be
used in connection with | 6013 |
training,
treatment, rehabilitation, early intervention, or other | 6014 |
programs or services
for any delinquent child, unruly child, or | 6015 |
juvenile traffic
offender who is under the jurisdiction of the | 6016 |
juvenile court. | 6017 |
(iv) The county and the juvenile
court that serves the | 6030 |
county may not use moneys in the fund for
the provision of care | 6031 |
and services for children, including, but
not limited to, care and | 6032 |
services in a detention facility, in
another facility, or into | 6033 |
provide
out-of-home placement, unless the
minimum standards that | 6034 |
apply to
the care and services and that
the department prescribes | 6035 |
in rules
adopted pursuant to division
(D) of section 5139.04 of | 6036 |
the
Revised
Code have been satisfiedof children only in | 6037 |
detention
centers, community rehabilitation centers, or community | 6038 |
corrections facilities approved by the department pursuant to | 6039 |
standards adopted by the department, licensed by an authorized | 6040 |
state agency, or accredited by the American correctional | 6041 |
association or another national organization recognized by the | 6042 |
department. | 6043 |
(a) The juvenile court shall prepare an annual grant | 6054 |
agreement
and application for funding that satisfies the | 6055 |
requirements of
this section and section 5139.34 of the
Revised | 6056 |
Code and that pertains to the use,
upon an order of the juvenile | 6057 |
court and subject to appropriation
by the board of county | 6058 |
commissioners, of the moneys in its felony
delinquent care and | 6059 |
custody fund for specified programs,
care, and services as | 6060 |
described in division (B)(2)(a) of this
section, shall submit that | 6061 |
agreement and
application to the county family and children first | 6062 |
council, the
regional family and children first council, or the | 6063 |
local
intersystem services to children cluster as described in | 6064 |
sections 121.37 and 121.38 of the Revised
Code, whichever is | 6065 |
applicable,
and shall file that agreement and application with the | 6066 |
department for its approval. The annual grant agreement
and | 6067 |
application for funding shall include a method of ensuring equal | 6068 |
access for minority
youth to the programs, care, and services | 6069 |
specified in
it. | 6070 |
The department may approve an annual grant agreement
and | 6071 |
application for funding only if the juvenile court involved
has | 6072 |
complied with the preparation, submission, and filing
requirements | 6073 |
described in division
(B)(3)(a)
of this section. If the juvenile | 6074 |
court complies with those
requirements and the department approves | 6075 |
that agreement
and application, the juvenile court and the county | 6076 |
served by the juvenile court may expend the state subsidy funds | 6077 |
granted to the county pursuant to section 5139.34 of the
Revised | 6078 |
Code only in accordance with
division (B)(2)(a)
of this section, | 6079 |
the rules
pertaining to state subsidy funds that the department | 6080 |
adopts
pursuant to division (D) of section 5139.04 of the Revised | 6081 |
Code, and the approved agreement and application. | 6082 |
(b) By the thirty-first day of August of each
year, the | 6083 |
juvenile court shall file with the department a report
that | 6084 |
contains all of the statistical and other
information for each | 6085 |
month of the prior state fiscal
year. If the juvenile court
fails | 6086 |
to file the report required by division
(B)(3)(b)
of this section | 6087 |
by the thirty-first day of
August of any year, the
department | 6088 |
shall not disburse any payment of state subsidy funds
to which the | 6089 |
county otherwise is entitled pursuant to section
5139.34 of the | 6090 |
Revised Code and shall not disburse
pursuant to division (B) of | 6091 |
section 5139.41 of the Revised Code the
applicable allocation | 6092 |
until the juvenile
court fully complies with division
(B)(3)(b)
of | 6093 |
this section. | 6094 |
(c) If the department requires the juvenile court to
prepare | 6095 |
monthly statistical reports and to submit the reports on forms | 6096 |
provided
by the department, the juvenile court shall file those | 6097 |
reports with the
department on the forms so provided. If the | 6098 |
juvenile court
fails to prepare and submit those monthly | 6099 |
statistical reports within the
department's timelines, the | 6100 |
department shall not disburse any
payment of state subsidy funds | 6101 |
to which the county
otherwise is entitled pursuant to section | 6102 |
5139.34 of the
Revised Code and shall not disburse
pursuant to | 6103 |
division (B) of section 5139.41 of the Revised Code the applicable | 6104 |
allocation
until the juvenile court fully complies with division | 6105 |
(B)(3)(c) of this section.
If the juvenile court fails to prepare | 6106 |
and submit those monthly
statistical reports within one hundred | 6107 |
eighty days of the date the
department establishes for their | 6108 |
submission, the department shall not
disburse any payment of state | 6109 |
subsidy funds to which the county
otherwise is entitled pursuant | 6110 |
to section 5139.34 of the Revised
Code and shall not disburse | 6111 |
pursuant to
division (B)
of section 5139.41 of the Revised Code | 6112 |
the applicable allocation, and the state subsidy
funds
and the | 6113 |
remainder of
the applicable allocation shall revert to the | 6114 |
department. If a
juvenile court states in a monthly
statistical | 6115 |
report that the juvenile court adjudicated within a state fiscal | 6116 |
year five
hundred or more children to be delinquent children for | 6117 |
committing
acts that would be felonies if committed by adults and | 6118 |
if the department
determines that the data in the report may be | 6119 |
inaccurate, the juvenile
court shall have an independent auditor | 6120 |
or other qualified entity certify the
accuracy of
the data on a | 6121 |
date determined by the department. | 6122 |
(d) If the department requires the juvenile court and the | 6123 |
county to
participate in a fiscal monitoring program or
another | 6124 |
monitoring program that is conducted by the
department to ensure | 6125 |
compliance by the juvenile court and
the county with division (B) | 6126 |
of this section, the juvenile court and
the county shall | 6127 |
participate in the
program and fully comply with any guidelines | 6128 |
for the performance of audits
adopted by the department pursuant | 6129 |
to that program and all requests made by
the department pursuant | 6130 |
to that program for information necessary to reconcile
fiscal | 6131 |
accounting. If an audit that is performed pursuant to a fiscal | 6132 |
monitoring program or another monitoring program
described in this | 6133 |
division
determines that the juvenile court or the county used | 6134 |
moneys in the county's
felony delinquent care and custody
fund for | 6135 |
expenses that are not authorized under division
(B) of this | 6136 |
section, within
forty-five days after the department notifies the | 6137 |
county of the
unauthorized expenditures, the county either shall | 6138 |
repay the amount of
the unauthorized expenditures from the county | 6139 |
general revenue fund to the state's general revenue
fund or shall | 6140 |
file a written appeal with the department. If an appeal is
timely | 6141 |
filed, the director of the department shall render a
decision on | 6142 |
the appeal and shall notify the appellant county or
its juvenile | 6143 |
court of that decision within forty-five days after
the date that | 6144 |
the appeal is filed. If the director denies an
appeal, the | 6145 |
county's fiscal agent shall repay the amount of the
unauthorized | 6146 |
expenditures from the county general revenue fund to the state's | 6147 |
general revenue fund
within thirty days after receiving the | 6148 |
director's notification
of the appeal decision. If the county | 6149 |
fails to make the repayment within
that
thirty-day period
and if | 6150 |
the unauthorized expenditures pertain to moneys allocated under | 6151 |
sections 5139.41 to 5139.43 of the
Revised Code, the department | 6152 |
shall deduct the amount of
the
unauthorized expenditures from the | 6153 |
next
allocation of those moneys to the county in accordance
with | 6154 |
this section or from the
allocations that otherwise
would be made | 6155 |
under those sections to the county during the next state fiscal | 6156 |
year
in accordance with this section and shall return that | 6157 |
deducted
amount to the state's general revenue fund. If the county | 6158 |
fails
to make the repayment within that thirty-day period and if | 6159 |
the
unauthorized expenditures pertain to moneys granted pursuant | 6160 |
to
section 5139.34 of the Revised
Code, the department shall | 6161 |
deduct the amount of the unauthorized expenditures from the next | 6162 |
annual grant to the county pursuant to that section and shall | 6163 |
return that deducted amount to the state's general revenue
fund. | 6164 |
(C) The initial
appointments of members of the release | 6219 |
authority shall be for a
term of six years for the chairperson and | 6220 |
one member, a term of
four years for two members, and a term of | 6221 |
two years for one
member. Thereafter, members shall be appointed | 6222 |
for six-year
terms until the effective date of this amendment, | 6223 |
after which members shall be appointed for four-year terms. At the | 6224 |
conclusion of a term, a member shall
hold office
until the | 6225 |
appointment and qualification of the
member's
successor. The | 6226 |
director shall fill a vacancy occurring
before
the expiration of a | 6227 |
term for the remainder of that term
and, if a
member is on | 6228 |
extended leave or
disability status for
more
than thirty work | 6229 |
days, may appoint an interim member to
fulfill
the duties of that | 6230 |
member.
A member may be reappointed,
but a
member may serve no | 6231 |
more than two
consecutive terms
regardless of
the length of the | 6232 |
member's initial term. A
member
may be removed
for good
cause by | 6233 |
the director. | 6234 |
(1) Serve as the final and sole authority for making | 6245 |
decisions, in the interests of public safety and the children | 6246 |
involved, regarding the release and
discharge of all children | 6247 |
committed to the legal custody of the
department of youth | 6248 |
services, except children placed by a juvenile
court on judicial | 6249 |
release to court supervision or on judicial release
to
department | 6250 |
of youth services supervision,
children who have
not
completed a | 6251 |
prescribed minimum period of time or prescribed period
of time
in | 6252 |
a secure facility, or children who are required to
remain in a | 6253 |
secure
facility until they attain twenty-one years of
age; | 6254 |
(B) Private employers who purchase goods made by inmates
or | 6367 |
utilize inmate labor in the production of goods
under the
federal | 6368 |
prison industries enhancement certification
programEvery inmate | 6369 |
shall
purchase and be solely responsible to providecovered by a | 6370 |
policy of disability
insurance for inmates participating in the | 6371 |
programto provide benefits for loss of earning capacity due to an | 6372 |
injury and for medical treatment of the injury following the | 6373 |
inmate's release from prison. If the enterprise for which the | 6374 |
inmate works is a customer model enterprise, Ohio penal industries | 6375 |
shall purchase the policy. If the enterprise for which the inmate | 6376 |
works is an employer model enterprise, the private participant | 6377 |
shall purchase the policy. The person required to purchase the | 6378 |
policy shall submit proof of coverage to the prison labor advisory | 6379 |
board before the enterprise begins operation. | 6380 |
(C) The policy of insurance required by this section shall | 6381 |
provide benefit payments for any inmate who sustains a compensable | 6382 |
injury while
participating in the program. The benefit payments | 6383 |
shall compensate the inmate for any
temporary or permanent loss
of | 6384 |
earning capacity that results from a compensable injury and is | 6385 |
present at the time of the inmate's releaseWithin ninety days | 6386 |
after an inmate sustains an injury, the inmate may file a | 6387 |
disability claim with the person required to purchase the policy | 6388 |
of disability insurance. Upon the request of the insurer, the | 6389 |
inmate shall be medically examined, and the insurer shall | 6390 |
determine the inmate's entitlement to disability benefits based on | 6391 |
the medical examination. The inmate shall accept or reject an | 6392 |
award within thirty days after a determination of the inmate's | 6393 |
entitlement to the award. TheIf the inmate accepts the award, the | 6394 |
benefits
shall
be awardedpaid upon the inmate's release from | 6395 |
prison by
parole
or
final discharge. The policy of insurance shall | 6396 |
provide
coverage
for injuries occurring during activities that
are | 6397 |
an
integral
part of the inmate's participation in the program | 6398 |
production. The
policy of insuranceThe amount of disability | 6399 |
benefits payable to the inmate shall be reduced by sick leave | 6400 |
benefits or other compensation for lost pay made by Ohio penal | 6401 |
industries to the inmate due to an injury that rendered the inmate | 6402 |
unable to work. An inmate shall not payreceive disability | 6403 |
benefits for
injuries occurring
as the result of a fight, assault, | 6404 |
horseplay, purposely self-inflicted injury, use of alcohol or | 6405 |
controlled substances, misuse of prescription drugs,
or other | 6406 |
activity
that is prohibited by the department's or
institution's | 6407 |
inmate
conduct rules or the work rules of the private participant | 6408 |
in the enterprise. | 6409 |
(F) Any(E) An inmate participating in the federal prison | 6420 |
industries enhancement certification program is ineligible to | 6421 |
receive compensation or benefits under Chapter 4121., 4123., | 6422 |
4127., or 4131. of the Revised Code for any injury, death, or | 6423 |
occupational disease received in the course of, and arising out | 6424 |
of, participation in thatthe Ohio penal industries program. Any | 6425 |
claim for an
injury
arising from an inmate's participation in the | 6426 |
program is
specifically
excluded from the jurisdiction of the Ohio | 6427 |
bureau of
workers'
compensation and the industrial commission of | 6428 |
Ohio. | 6429 |
(B) The adult parole authority probation services fund
shall | 6448 |
be created in the state treasury. The fund shall consist
of all | 6449 |
moneys that are paid to the treasurer of any county under
section | 6450 |
2951.021 of the Revised Code for deposit into the
county's | 6451 |
probation services fund established under division
(A)(1) of | 6452 |
section 321.44 of the Revised Code and that
subsequently are | 6453 |
appropriated and transferred to the adult parole
authority | 6454 |
probation services fund under division (A)(2) of that
section.
The | 6455 |
chief of the adult parole authority, with the
approval of the | 6456 |
director of the department of rehabilitation and
correction, shall | 6457 |
use the money contained in the adult parole
authority probation | 6458 |
services fund for probation-related expenses
in the counties for | 6459 |
which the authority provides probation
services.
Probation-related | 6460 |
expenses may include specialized
staff, purchase
of equipment, | 6461 |
purchase of services,
reconciliation programs for
victims and | 6462 |
offenders, other
treatment programs, including alcohol
and drug | 6463 |
addiction programs
certified under section 3793.06 of the
Revised | 6464 |
Code, determined
to be appropriate by the chief of the
authority, | 6465 |
and other
similar probation-related expenses. | 6466 |
Section 2. That existing sections 9.06, 121.05, 124.11, | 6467 |
321.44,
341.192, 1713.34, 2921.36, 2929.01, 2929.13,
2929.14, | 6468 |
2929.141, 2929.15, 2929.17, 2929.19, 2929.20, 2935.36,
2943.032, | 6469 |
2949.12, 2951.021, 2951.041, 2953.08, 2953.13, 2967.03,
2967.05, | 6470 |
2967.12, 2967.121,
2967.141, 2967.15, 2967.26, 2967.28,
4507.51, | 6471 |
5120.52, 5120.63, 5120.66, 5139.02, 5139.18,
5139.281,
5139.31, | 6472 |
5139.36, 5139.38,
5139.41, 5139.43, 5139.50,
5145.01,
5145.163, | 6473 |
and 5149.06 and
section 2967.11 of the Revised
Code
is hereby | 6474 |
repealed. | 6475 |