As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 130


Representatives White, Yates 

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

Senators Seitz, Turner, Fedor 



A BILL
To amend sections 9.06, 121.05, 124.11, 321.44, 1
341.192, 1713.34, 2921.36, 2929.01, 2929.13, 2
2929.14, 2929.141, 2929.15, 2929.17, 2929.19, 3
2929.20, 2935.36, 2943.032, 2949.12, 2951.021, 4
2951.041, 2953.08, 2953.13, 2967.03, 2967.05, 5
2967.12, 2967.121, 2967.141, 2967.15, 2967.26, 6
2967.28, 4507.51, 5120.52, 5120.63, 5120.66, 7
5139.02, 5139.18, 5139.281, 5139.31, 5139.36, 8
5139.38, 5139.41, 5139.43, 5139.50, 5145.01, 9
5145.163, and 5149.06, to enact sections 9.871, 10
109.37, 2967.29, 4743.06, 5120.07, 5120.59, and 11
5120.70, and to repeal section 2967.11 of the 12
Revised Code to modify sentencing procedures with 13
respect to post-release control and related 14
releases from prison, to conform the Revised Code 15
to the decision of the Ohio Supreme Court in 16
State ex rel. Bray v. Russell (2000), 89 Ohio 17
St.3d 132 by removing provisions related to bad 18
time, to authorize courts to participate in the 19
supervision of released prisoners, to provide 20
released prisoners with identification cards and 21
additional procedures for access to social 22
services, to make other changes relative to 23
opportunities for prisoner training and 24
employment, to modify procedures for the judicial 25
or medical release of prisoners and intervention 26
in lieu of conviction, to grant the Adult Parole 27
Authority more flexibility in determining periods 28
of post-release control, to adopt other 29
cost-control measures, to create the Ex-offender 30
Reentry Coalition, to provide for the 31
indemnification of the Department of 32
Rehabilitation and Correction for legal costs 33
incurred in certain cases, to provide for legal 34
representation of Department employees charged 35
with offenses in certain cases until a grand jury 36
has acted, to create a fund for the deposit of 37
money received in certain federal law enforcement 38
cases, to authorize the Department to enter into 39
contracts to provide water and sewage treatment 40
services, to make other changes related to the 41
operations of the Department of Rehabilitation and 42
Correction, to clarify the duties of juvenile 43
parole officers, to establish reimbursement rates 44
paid by the Department of Youth Services for 45
outside medical providers, to authorize the 46
Director of Youth Services to designate a deputy 47
director, to modify the formula for expending 48
appropriations for the care and custody of felony 49
delinquents and the purposes for which money in 50
the Felony Delinquent Care and Custody Fund may be 51
used, to allow for unlimited reappointments of 52
members of the Release Authority, to make other 53
changes related to the operations of the 54
Department of Youth Services, and to terminate 55
the ex-offender reentry coalition on December 31, 56
2011, by repealing section 5120.07 of the Revised 57
Code on that date.58


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

       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 and69
correction shall contract for the private operation and management 70
pursuant to this section of the initial intensive program prison71
established pursuant to section 5120.033 of the Revised Code and72
may contract for the private operation and management of any other73
facility under this section. Counties and municipal corporations74
to the extent authorized in sections 307.93, 341.35, 753.03, and75
753.15 of the Revised Code, may contract for the private operation76
and management of a facility under this section. A contract77
entered into under this section shall be for an initial term of78
not more than two years, with an option to renew for additional79
periods of two years.80

       (2) The department of rehabilitation and correction, by rule, 81
shall adopt minimum criteria and specifications that a person or 82
entity, other than a person or entity that satisfies the criteria 83
set forth in division (A)(3)(a) of this section and subject to 84
division (I) of this section, must satisfy in order to apply to 85
operate and manage as a contractor pursuant to this section the 86
initial intensive program prison established pursuant to section 87
5120.033 of the Revised Code.88

       (3) Subject to division (I) of this section, any person or89
entity that applies to operate and manage a facility as a90
contractor pursuant to this section shall satisfy one or more of91
the following criteria:92

       (a) The person or entity is accredited by the American93
correctional association and, at the time of the application,94
operates and manages one or more facilities accredited by the95
American correctional association.96

       (b) The person or entity satisfies all of the minimum97
criteria and specifications adopted by the department of98
rehabilitation and correction pursuant to division (A)(2) of this99
section, provided that this alternative shall be available only in100
relation to the initial intensive program prison established101
pursuant to section 5120.033 of the Revised Code.102

       (4) Subject to division (I) of this section, before a public103
entity may enter into a contract under this section, the104
contractor shall convincingly demonstrate to the public entity105
that it can operate the facility with the inmate capacity required106
by the public entity and provide the services required in this107
section and realize at least a five per cent savings over the108
projected cost to the public entity of providing these same109
services to operate the facility that is the subject of the110
contract. No out-of-state prisoners may be housed in any facility111
that is the subject of a contract entered into under this section.112

       (B) Subject to division (I) of this section, any contract113
entered into under this section shall include all of the114
following:115

       (1) A requirement that the contractor retain the contractor's 116
accreditation from the American correctional association117
throughout the contract term or, if the contractor applied 118
pursuant to division (A)(3)(b) of this section, continue complying 119
with the applicable criteria and specifications adopted by the 120
department of rehabilitation and correction pursuant to division121
(A)(2) of this section;122

       (2) A requirement that all of the following conditions be123
met:124

       (a) The contractor begins the process of accrediting the125
facility with the American correctional association no later than126
sixty days after the facility receives its first inmate.127

       (b) The contractor receives accreditation of the facility128
within twelve months after the date the contractor applies to the129
American correctional association for accreditation.130

       (c) Once the accreditation is received, the contractor131
maintains it for the duration of the contract term.132

       (d) If the contractor does not comply with divisions133
(B)(2)(a) to (c) of this section, the contractor is in violation134
of the contract, and the public entity may revoke the contract at135
its discretion.136

       (3) A requirement that the contractor comply with all rules137
promulgated by the department of rehabilitation and correction138
that apply to the operation and management of correctional139
facilities, including the minimum standards for jails in Ohio and140
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 the143
federal, state, and local governments, including, but not limited144
to, sanitation, food service, safety, and health regulations. The145
contractor shall be required to send copies of reports of146
inspections completed by the appropriate authorities regarding147
compliance with rules and regulations to the director of148
rehabilitation and correction or the director's designee and, if149
contracting with a local public entity, to the governing authority150
of that entity.151

       (4) A requirement that the contractor report for152
investigation all crimes in connection with the facility to the153
public entity, to all local law enforcement agencies with154
jurisdiction over the place at which the facility is located, and,155
for a crime committed at a state correctional institution, to the156
state highway patrol;157

       (5) A requirement that the contractor immediately report all158
escapes from the facility, and the apprehension of all escapees,159
by telephone and in writing to all local law enforcement agencies160
with jurisdiction over the place at which the facility is located,161
to the prosecuting attorney of the county in which the facility is162
located, to the state highway patrol, to a daily newspaper having163
general circulation in the county in which the facility is164
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

       (6) A requirement that, if the facility is a state170
correctional institution, the contractor provide a written report171
within specified time limits to the director of rehabilitation and172
correction or the director's designee of all unusual incidents at173
the facility as defined in rules promulgated by the department of174
rehabilitation and correction or, if the facility is a local175
correctional institution, that the contractor provide a written176
report of all unusual incidents at the facility to the governing177
authority of the local public entity;178

       (7) A requirement that the contractor maintain proper control 179
of inmates' personal funds pursuant to rules promulgated by the 180
department of rehabilitation and correction, for state181
correctional institutions, or pursuant to the minimum standards182
for jails along with any additional standards established by the183
local public entity, for local correctional institutions, and that184
records pertaining to these funds be made available to185
representatives of the public entity for review or audit;186

       (8) A requirement that the contractor prepare and distribute187
to the director of rehabilitation and correction or, if188
contracting with a local public entity, to the governing authority189
of the local entity, annual budget income and expenditure190
statements and funding source financial reports;191

       (9) A requirement that the public entity appoint and192
supervise a full-time contract monitor, that the contractor193
provide suitable office space for the contract monitor at the194
facility, and that the contractor allow the contract monitor195
unrestricted access to all parts of the facility and all records196
of the facility except the contractor's financial records;197

       (10) A requirement that if the facility is a state198
correctional institution, designated department of rehabilitation199
and correction staff members be allowed access to the facility in200
accordance with rules promulgated by the department;201

       (11) A requirement that the contractor provide internal and202
perimeter security as agreed upon in the contract;203

       (12) If the facility is a state correctional institution, a204
requirement that the contractor impose discipline on inmates205
housed in a state correctional institution, only in accordance206
with rules promulgated by the department of rehabilitation and207
correction;208

       (13) A requirement that the facility be staffed at all times209
with a staffing pattern approved by the public entity and adequate210
both to ensure supervision of inmates and maintenance of security211
within the facility, and to provide for programs, transportation,212
security, and other operational needs. In determining security213
needs, the contractor shall be required to consider, among other214
things, the proximity of the facility to neighborhoods and215
schools.216

       (14) If the contract is with a local public entity, a217
requirement that the contractor provide services and programs,218
consistent with the minimum standards for jails promulgated by the219
department of rehabilitation and correction under section 5120.10220
of the Revised Code;221

       (15) A clear statement that no immunity from liability222
granted to the state, and no immunity from liability granted to223
political subdivisions under Chapter 2744. of the Revised Code,224
shall extend to the contractor or any of the contractor's225
employees;226

       (16) A statement that all documents and records relevant to227
the facility shall be maintained in the same manner required for,228
and subject to the same laws, rules, and regulations as apply to,229
the records of the public entity;230

       (17) Authorization for the public entity to impose a fine on231
the contractor from a schedule of fines included in the contract232
for the contractor's failure to perform its contractual duties, or233
to cancel the contract, as the public entity considers234
appropriate. If a fine is imposed, the public entity may reduce235
the payment owed to the contractor pursuant to any invoice in the236
amount of the imposed fine.237

       (18) A statement that all services provided or goods produced 238
at the facility shall be subject to the same regulations, and the 239
same distribution limitations, as apply to goods and services 240
produced at other correctional institutions;241

       (19) Authorization for the department to establish one or242
more prison industries at a facility operated and managed by a243
contractor for the department;244

       (20) A requirement that, if the facility is an intensive245
program prison established pursuant to section 5120.033 of the246
Revised Code, the facility shall comply with all criteria for247
intensive program prisons of that type that are set forth in that248
section;249

       (21) If the institution is a state correctional institution,250
a requirement that the contractor provide clothing for all inmates251
housed in the facility that is conspicuous in its color, style, or252
color and style, that conspicuously identifies its wearer as an253
inmate, and that is readily distinguishable from clothing of a254
nature that normally is worn outside the facility by non-inmates,255
that the contractor require all inmates housed in the facility to256
wear the clothing so provided, and that the contractor not permit257
any inmate, while inside or on the premises of the facility or258
while being transported to or from the facility, to wear any259
clothing of a nature that does not conspicuously identify its260
wearer as an inmate and that normally is worn outside the facility261
by non-inmates.262

       (C) No contract entered into under this section may require,263
authorize, or imply a delegation of the authority or264
responsibility of the public entity to a contractor for any of the265
following:266

       (1) Developing or implementing procedures for calculating267
inmate release and parole eligibility dates and recommending the268
granting or denying of parole, although the contractor may submit269
written reports that have been prepared in the ordinary course of270
business;271

       (2) Developing or implementing procedures for calculating and 272
awarding earned credits, approving the type of work inmates may 273
perform and the wage or earned credits, if any, that may be274
awarded to inmates engaging in that work, and granting, denying,275
or revoking earned credits;276

       (3) For inmates serving a term imposed for a felony offense277
committed prior to July 1, 1996, or for a misdemeanor offense,278
developing or implementing procedures for calculating and awarding279
good time, approving the good time, if any, that may be awarded to280
inmates engaging in work, and granting, denying, or revoking good281
time;282

       (4) For inmates serving a term imposed for a felony offense283
committed on or after July 1, 1996, extending an inmate's term284
pursuant to the provisions of law governing bad time;285

       (5) Classifying an inmate or placing an inmate in a more or a 286
less restrictive custody than the custody ordered by the public287
entity;288

       (6)(5) Approving inmates for work release;289

       (7)(6) Contracting for local or long distance telephone290
services for inmates or receiving commissions from those services291
at a facility that is owned by or operated under a contract with292
the department.293

       (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 state303
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 of308
cancellation. The contractor may not self-insure.309

       A contractor that has been approved to operate a facility310
under this section, and a person or entity that enters into a311
contract for specialized services, as described in division (I) of312
this section, relative to an intensive program prison established313
pursuant to section 5120.033 of the Revised Code to be operated by314
a contractor that has been approved to operate the prison under315
this section, shall indemnify and hold harmless the state, its316
officers, agents, and employees, and any local government entity317
in the state having jurisdiction over the facility or ownership of318
the facility, shall reimburse the state for its costs in defending319
the state or any of its officers, agents, or employees, and shall320
reimburse any local government entity of that nature for its costs321
in defending the local government entity, from all of the322
following:323

       (1) Any claims or losses for services rendered by the324
contractor, person, or entity performing or supplying services in325
connection with the performance of the contract;326

       (2) Any failure of the contractor, person, or entity or its327
officers or employees to adhere to the laws, rules, regulations,328
or terms agreed to in the contract;329

       (3) Any constitutional, federal, state, or civil rights claim 330
brought against the state related to the facility operated and 331
managed by the contractor;332

       (4) Any claims, losses, demands, or causes of action arising333
out of the contractor's, person's, or entity's activities in this334
state;335

       (5) Any attorney's fees or court costs arising from any336
habeas corpus actions or other inmate suits that may arise from337
any event that occurred at the facility or was a result of such an338
event, or arise over the conditions, management, or operation of339
the facility, which fees and costs shall include, but not be340
limited to, attorney's fees for the state's representation and for341
any court-appointed representation of any inmate, and the costs of342
any special judge who may be appointed to hear those actions or343
suits.344

       (E) Private correctional officers of a contractor operating345
and managing a facility pursuant to a contract entered into under346
this section may carry and use firearms in the course of their347
employment only after being certified as satisfactorily completing348
an approved training program as described in division (A) of349
section 109.78 of the Revised Code.350

       (F) Upon notification by the contractor of an escape from, or 351
of a disturbance at, the facility that is the subject of a352
contract entered into under this section, the department of353
rehabilitation and correction and state and local law enforcement354
agencies shall use all reasonable means to recapture escapees or355
quell any disturbance. Any cost incurred by the state or its356
political subdivisions relating to the apprehension of an escapee357
or the quelling of a disturbance at the facility shall be358
chargeable to and borne by the contractor. The contractor shall359
also reimburse the state or its political subdivisions for all360
reasonable costs incurred relating to the temporary detention of361
the escapee following recapture.362

       (G) Any offense that would be a crime if committed at a state 363
correctional institution or jail, workhouse, prison, or other 364
correctional facility shall be a crime if committed by or with 365
regard to inmates at facilities operated pursuant to a contract 366
entered into under this section.367

       (H) A contractor operating and managing a facility pursuant368
to a contract entered into under this section shall pay any inmate369
workers at the facility at the rate approved by the public entity.370
Inmates working at the facility shall not be considered employees371
of the contractor.372

       (I) In contracting for the private operation and management373
pursuant to division (A) of this section of the initial intensive374
program prison established pursuant to section 5120.033 of the375
Revised Code or of any other intensive program prison established376
pursuant to that section, the department of rehabilitation and377
correction may enter into a contract with a contractor for the378
general operation and management of the prison and may enter into379
one or more separate contracts with other persons or entities for380
the provision of specialized services for persons confined in the381
prison, including, but not limited to, security or training382
services or medical, counseling, educational, or similar treatment383
programs. If, pursuant to this division, the department enters384
into a contract with a contractor for the general operation and385
management of the prison and also enters into one or more386
specialized service contracts with other persons or entities, all387
of the following apply:388

       (1) The contract for the general operation and management389
shall comply with all requirements and criteria set forth in this390
section, and all provisions of this section apply in relation to391
the prison operated and managed pursuant to the contract.392

       (2) Divisions (A)(2), (B), and (C) of this section do not393
apply in relation to any specialized services contract, except to394
the extent that the provisions of those divisions clearly are395
relevant to the specialized services to be provided under the396
specialized services contract. Division (D) of this section397
applies in relation to each specialized services contract.398

       (J) As used in this section:399

       (1) "Public entity" means the department of rehabilitation400
and correction, or a county or municipal corporation or a401
combination of counties and municipal corporations, that has402
jurisdiction over a facility that is the subject of a contract403
entered into under this section.404

       (2) "Local public entity" means a county or municipal405
corporation, or a combination of counties and municipal406
corporations, that has jurisdiction over a jail, workhouse, or407
other correctional facility used only for misdemeanants that is408
the subject of a contract entered into under this section.409

       (3) "Governing authority of a local public entity" means, for410
a county, the board of county commissioners; for a municipal411
corporation, the legislative authority; for a combination of412
counties and municipal corporationcorporations, all the boards of 413
county commissioners and municipal legislative authorities that414
joined to create the facility.415

       (4) "Contractor" means a person or entity that enters into a416
contract under this section to operate and manage a jail,417
workhouse, or other correctional facility.418

       (5) "Facility" means the specific county, multicounty,419
municipal, municipal-county, or multicounty-municipal jail,420
workhouse, prison, or other type of correctional institution or421
facility used only for misdemeanants, or a state correctional422
institution, that is the subject of a contract entered into under423
this section.424

       (6) "Person or entity" in the case of a contract for the425
private operation and management of a state correctional426
institution, includes an employee organization, as defined in427
section 4117.01 of the Revised Code, that represents employees at428
state correctional institutions.429

       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) A decision of the attorney general made under division 444
(A) of this section is not subject to appeal or review in any 445
court or other forum. No person has a right of action against the 446
department of rehabilitation and correction in the court of claims 447
or any other court based on a decision of the attorney general 448
made under division (A) of this section.449

       (C) The indemnification of an employee of the department of 450
rehabilitation and correction pursuant to this section shall be 451
accomplished only through the following procedure:452

       (1) If the director of rehabilitation and correction 453
determines that the actions or omissions of the employee that gave 454
rise to the claim were within the scope of the employee's 455
employment and that the costs of legal representation should be 456
indemnified, the attorney general shall prepare an indemnity 457
agreement. The indemnity agreement shall specify that the 458
department of rehabilitation and correction will indemnify the 459
employee for the expenses of legal representation. The agreement 460
shall not be effective until it is approved by the employee, the 461
director, and the attorney general.462

       (2) The attorney general shall forward a copy of the 463
indemnity agreement to the director of budget and management.464

       (3) The director of budget and management shall charge any 465
indemnification paid pursuant to this section against available 466
unencumbered moneys in the appropriations of the department of 467
rehabilitation and correction. The director of budget and 468
management shall have sole discretion to determine whether or not 469
unencumbered moneys in a particular appropriation are available 470
for payment of the indemnification.471

       (4) The director of budget and management shall, upon receipt 472
of the agreement from the attorney general pursuant to division 473
(C)(1) of this section, provide for payment to the employee in the 474
amount specified in the agreement.475

       (5) If the director of budget and management determines that 476
sufficient unencumbered moneys do not exist in the particular 477
appropriations to pay the indemnification, the director of budget 478
and management shall make application for payment of the 479
indemnification out of the emergency purposes account or any other 480
appropriation for emergencies or contingencies, and payment out of 481
this account or other appropriation shall be authorized if there 482
are sufficient moneys greater than the sum total of then pending 483
emergency purposes account requests, or requests for releases from 484
the other appropriation.485

       (6) If sufficient moneys do not exist in the emergency 486
purposes account or any other appropriation for emergencies or 487
contingencies to pay the indemnification, the director of 488
rehabilitation and correction shall request the general assembly 489
to make an appropriation sufficient to pay the indemnification, 490
and no payment shall be made until the appropriation has been 491
made. The department shall make the appropriation request during 492
the current biennium and during each succeeding biennium until a 493
sufficient appropriation is made.494

       Sec. 109.37. (A) An employee of the department of 495
rehabilitation and correction may be represented in a criminal 496
proceeding by an attorney selected pursuant to division (B) of 497
this section when all of the following apply:498

       (1) The employee used deadly force that resulted in the death 499
of another.500

       (2) The use of deadly force occurred within the scope and in 501
the course of the employee's assigned duties.502

       (3) The employee's use of deadly force is being investigated 503
by a prosecuting attorney or other criminal investigating 504
authority for possible criminal charges.505

       (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

       (C) An attorney who represents an employee pursuant to 519
division (B) of this section shall be paid at the usual rate for 520
like services in the community in which the criminal proceedings 521
occur or at the usual rate paid to special counsel under section 522
109.07 of the Revised Code, as the attorney general decides. The 523
department of rehabilitation and correction shall pay the 524
attorney's compensation and all reasonable expenses and court 525
costs incurred in the defense of the employee. The attorney 526
general may adopt rules concerning the compensation of attorneys 527
pursuant to this division.528

       (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

       (E) If an employee is represented by an attorney as 540
described in division (B) of this section and if the employee is 541
subsequently convicted of or pleads guilty to a criminal offense 542
based on the employee's use of deadly force, the attorney general 543
or the department of rehabilitation and correction may seek to 544
recover, including by means of a civil action, from the employee 545
the costs of legal representation paid by the department pursuant 546
to division (B) of this section.547

       Sec. 121.05.  Except as otherwise provided in this section,548
in each department, there shall be an assistant director549
designated by the director of that department. In the department550
of health, there shall be two assistant directors, each of whom551
shall be designated by the director of health. In the department552
of transportation, there shall be an assistant director for553
business management, an assistant director for field operations,554
and an assistant director for transportation policy, each of whom555
shall be designated by the director of transportation. In the556
department of insurance, the deputy superintendent of insurance557
shall be the assistant director. In the department of558
administrative services, there shall be two assistant directors,559
each of whom shall be designated by the director of administrative560
services. In the department of commerce, there shall be two561
assistant directors, each of whom shall be designated by the562
director of commerce. In the department of humanjob and family563
services, there may be up to two assistant directors, each of whom 564
shall be designated by the director of humanjob and family565
services. In each department with an assistant director, the 566
assistant director shall act as director in the absence or567
disability of the director and also shall act as director when the568
position of director is vacant, except that in the department of569
transportation, the department of health, the department of570
commerce, the department of administrative services, and the571
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 assistant577
directors or a deputy director to serve in the director's place as578
a member of any board, committee, authority, or commission of579
which the director is, by law, a member. The designee, when580
present, shall be counted in determining whether a quorum is581
present at any meeting. The designee may vote and participate in582
all proceedings and actions of the board, committee, authority, or583
commission, provided that the designee shall not execute or cause584
a facsimile of the designee's signature to be placed on any585
obligation, or execute any trust agreement or indenture. The586
designation shall be in writing, executed by the designating587
director, filed with the secretary of the board, committee,588
authority, or commission, and shall be in effect until withdrawn589
or superseded by a new designation.590

       Sec. 124.11.  The civil service of the state and the several 591
counties, cities, civil service townships, city health districts, 592
general health districts, and city school districts of the state 593
shall be divided into the unclassified service and the classified 594
service.595

       (A) The unclassified service shall comprise the following596
positions, which shall not be included in the classified service,597
and which shall be exempt from all examinations required by this598
chapter:599

       (1) All officers elected by popular vote or persons appointed 600
to fill vacancies in those offices;601

       (2) All election officers as defined in section 3501.01 of602
the Revised Code;603

       (3)(a) The members of all boards and commissions, and heads604
of principal departments, boards, and commissions appointed by the 605
governor or by and with the governor's consent; 606

       (b) The heads of all departments appointed by a board of607
county commissioners;608

       (c) The members of all boards and commissions and all heads 609
of departments appointed by the mayor, or, if there is no mayor, 610
such other similar chief appointing authority of any city or city 611
school district;612

       Except as otherwise provided in division (A)(17) or (C) of 613
this section, this chapter does not exempt the chiefs of police 614
departments and chiefs of fire departments of cities or civil 615
service townships from the competitive classified service.616

       (4) The members of county or district licensing boards or617
commissions and boards of revision, and not more than five deputy 618
county auditors;619

       (5) All officers and employees elected or appointed by either 620
or both branches of the general assembly, and employees of the 621
city legislative authority engaged in legislative duties;622

       (6) All commissioned, warrant, and noncommissioned officers 623
and enlisted persons in the Ohio organized militia, including624
military appointees in the adjutant general's department;625

       (7)(a) All presidents, business managers, administrative626
officers, superintendents, assistant superintendents, principals,627
deans, assistant deans, instructors, teachers, and such employees628
as are engaged in educational or research duties connected with629
the public school system, colleges, and universities, as630
determined by the governing body of the public school system,631
colleges, and universities;632

       (b) The library staff of any library in the state supported 633
wholly or in part at public expense.634

       (8) Four clerical and administrative support employees for635
each of the elective state officers, four clerical and636
administrative support employees for each board of county637
commissioners and one such employee for each county commissioner, 638
and four clerical and administrative support employees for other 639
elective officers and each of the principal appointive executive 640
officers, boards, or commissions, except for civil service 641
commissions, that are authorized to appoint such clerical and 642
administrative support employees;643

       (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 county649
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

       (10) Bailiffs, constables, official stenographers, and658
commissioners of courts of record, deputies of clerks of the659
courts of common pleas who supervise or who handle public moneys660
or secured documents, and such officers and employees of courts of 661
record and such deputies of clerks of the courts of common pleas 662
as the director of administrative services finds it impracticable 663
to determine their fitness by competitive examination;664

       (11) Assistants to the attorney general, special counsel665
appointed or employed by the attorney general, assistants to666
county prosecuting attorneys, and assistants to city directors of667
law;668

       (12) Such teachers and employees in the agricultural669
experiment stations; such students in normal schools, colleges,670
and universities of the state who are employed by the state or a671
political subdivision of the state in student or intern672
classifications; and such unskilled labor positions as the673
director of administrative services or any municipal civil service 674
commission may find it impracticable to include in the competitive 675
classified service; provided such exemptions shall be by order of 676
the commission or the director, duly entered on the record of the 677
commission or the director with the reasons for each such 678
exemption;679

       (13) Any physician or dentist who is a full-time employee of 680
the department of mental health, the department of mental681
retardation and developmental disabilities, or an institution682
under the jurisdiction of either department; and physicians who683
are in residency programs at the institutions;684

       (14) Up to twenty positions at each institution under the685
jurisdiction of the department of mental health or the department686
of mental retardation and developmental disabilities that the687
department director determines to be primarily administrative or688
managerial; and up to fifteen positions in any division of either689
department, excluding administrative assistants to the director690
and division chiefs, which are within the immediate staff of a691
division chief and which the director determines to be primarily692
and distinctively administrative and managerial;693

       (15) Noncitizens of the United States employed by the state, 694
or its counties or cities, as physicians or nurses who are duly 695
licensed to practice their respective professions under the laws 696
of this state, or medical assistants, in mental or chronic disease 697
hospitals, or institutions;698

       (16) Employees of the governor's office;699

       (17) Fire chiefs and chiefs of police in civil service700
townships appointed by boards of township trustees under section701
505.38 or 505.49 of the Revised Code;702

       (18) Executive directors, deputy directors, and program703
directors employed by boards of alcohol, drug addiction, and704
mental health services under Chapter 340. of the Revised Code, and 705
secretaries of the executive directors, deputy directors, and706
program directors;707

       (19) Superintendents, and management employees as defined in 708
section 5126.20 of the Revised Code, of county boards of mental 709
retardation and developmental disabilities;710

       (20) Physicians, nurses, and other employees of a county711
hospital who are appointed pursuant to sections 339.03 and 339.06712
of the Revised Code;713

       (21) The executive director of the state medical board, who 714
is appointed pursuant to division (B) of section 4731.05 of the 715
Revised Code;716

       (22) County directors of job and family services as provided 717
in section 329.02 of the Revised Code and administrators appointed718
under section 329.021 of the Revised Code;719

       (23) A director of economic development who is hired pursuant 720
to division (A) of section 307.07 of the Revised Code;721

       (24) Chiefs of construction and compliance, of operations and 722
maintenance, and of licensing and certification in the division of 723
industrial compliance in the department of commerce;724

       (25) The executive director of a county transit system 725
appointed under division (A) of section 306.04 of the Revised 726
Code;727

       (26) Up to five positions at each of the administrative728
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

       (27) Employees of the department of agriculture employed746
under section 901.09 of the Revised Code;747

       (28) For cities, counties, civil service townships, city 748
health districts, general health districts, and city school 749
districts, the deputies and assistants of elective or principal 750
executive officers authorized to act for and in the place of their 751
principals or holding a fiduciary relation to their principals;752

       (29) Employees who receive intermittent or temporary753
appointments under division (B) of section 124.30 of the Revised 754
Code;755

       (30) Employees appointed to administrative staff positions 756
for which an appointing authority is given specific statutory 757
authority to set compensation;758

       (31) Employees appointed to highway patrol cadet or highway 759
patrol cadet candidate classifications;760

       (32) Employees placed in the unclassified service by another761
section of the Revised Code.762

       (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 and775
employments in the state and the counties, cities, city health776
districts, general health districts, and city school districts of 777
the state, and, upon the creation by the board of trustees of a778
civil service township of a township civil service commission, all779
positions in a civil service township police or fire department780
having ten or more full-time paid employees, for which it is781
practicable to determine the merit and fitness of applicants by782
competitive examinations. Appointments shall be made to, or783
employment shall be given in, all positions in the competitive784
class that are not filled by promotion, reinstatement, transfer,785
or reduction, as provided in this chapter, and the rules of the786
director of administrative services, by appointment from those787
certified to the appointing officer in accordance with this788
chapter.789

       (2) The unskilled labor class shall include ordinary790
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 of802
labor or employment sought, and preference shall be given in803
employment in accordance with the rating received from that804
evidence or in those tests. Upon the request of an appointing805
officer, stating the kind of labor needed, the pay and probable806
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

       (C) A municipal or civil service township civil service814
commission may place volunteer firefighters who are paid on a815
fee-for-service basis in either the classified or the unclassified 816
civil service.817

       (D) This division does not apply to persons in the 818
unclassified service who have the right to resume positions in the 819
classified service under sections 4121.121, 5119.071, 5120.07,820
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the 821
Revised Code.822

       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 service825
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 unclassified852
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 the858
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 the863
position in the classified service during the person's time of 864
service in the position in the unclassified service.865

       Sec. 321.44.  (A)(1) A county probation services fund shall866
be established in the county treasury of each county. The fund a867
county establishes under this division shall contain all moneys868
paid to the treasurer of the county under section 2951.021 of the869
Revised Code for deposit into the fund. The moneys paid into the870
fund shall be deposited by the treasurer of the county into the871
appropriate account established under divisions (A)(1)(a) to (d)872
of this section. Separate accounts shall be maintained in873
accordance with the following criteria in the fund a county874
establishes under this division:875

       (a) If a county department of probation is established in the 876
county, a separate account shall be maintained in the fund for the 877
county department of probation.878

       (b) If the judges of the court of common pleas of the county879
have affiliated with the judges of the court of common pleas of880
one or more other counties and have established a multicounty881
department of probation, a separate account shall be maintained in882
the fund for the multicounty department of probation.883

       (c) If a department of probation is established in a884
county-operated municipal court that has jurisdiction within the885
county, a separate account shall be maintained in the fund for the886
municipal court department of probation.887

       (d) If a county department of probation has not been888
established in the county and if the court of common pleas of the889
county, pursuant to section 2301.32 of the Revised Code, has890
entered into an agreement with the adult parole authority under891
which the court may place defendants under a community control 892
sanction in charge of the authority, a separate account shall be893
maintained in the fund for the adult parole authoritycourt of 894
common pleas.895

       (2) For any county, if a county department of probation is896
established in the county or if a department of probation is897
established in a county-operated municipal court that has898
jurisdiction within the county, the board of county commissioners899
of the county shall appropriate to the county department of900
probation or municipal court department of probation all money901
that is contained in the department's account in the county902
probation services fund established in the county for use only for903
specialized staff, purchase of equipment, purchase of services,904
reconciliation programs for offenders and victims, other treatment905
programs, including alcohol and drug addiction programs certified906
under section 3793.06 of the Revised Code, determined to be907
appropriate by the chief probation officer of the department of908
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 of911
the county have affiliated with the judges of the court of common912
pleas of one or more other counties and have established a913
multicounty department of probation to serve the counties, the914
board of county commissioners of the county shall appropriate and915
the county treasurer shall transfer to the multicounty probation916
services fund established for the multicounty department of917
probation under division (B) of this section all money that is918
contained in the multicounty department of probation account in919
the county probation services fund established in the county for920
use in accordance with that division.921

       For any county, if a county department of probation has not922
been established in the county and if the court of common pleas of923
the county, pursuant to section 2301.32 of the Revised Code, has924
entered into an agreement with the adult parole authority under925
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 parole931
authoritycourt's account in the county probation services fund932
established in the county for use in accordance with section933
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 or942
more counties have established a multicounty department of943
probation, a multicounty probation services fund shall be944
established in the county treasury of the county whose treasurer,945
in accordance with section 2301.27 of the Revised Code, is946
designated by the judges of the courts of common pleas as the947
treasurer to whom monthly supervision fees are to be appropriated948
and transferred under division (A)(2) of this section for deposit949
into the fund. The fund shall contain all moneys that are paid to950
the treasurer of any member county under section 2951.021 of the951
Revised Code for deposit into the county's probation services fund952
and that subsequently are appropriated and transferred to the953
multicounty probation services fund under division (A)(2) of this954
section. The board of county commissioners of the county in which955
the multicounty probation services fund is established shall956
appropriate the money contained in that fund to the multicounty957
department of probation, for use only for specialized staff,958
purchase of equipment, purchase of services, reconciliation959
programs for offenders and victims, other treatment programs,960
including alcohol and drug addiction programs certified under961
section 3793.06 of the Revised Code, determined to be appropriate962
by the chief probation officer, and for other similar expenses963
related to placing offenders under a community control sanction.964

       (C) Any money in a county or multicounty probation services965
fund at the end of a fiscal year shall not revert to the general966
fund of the county but shall be retained in the fund.967

       (D) As used in this section:968

       (1) "County-operated municipal court" has the same meaning as969
in section 1901.03 of the Revised Code.970

       (2) "Multicounty department of probation" means a probation971
department established under section 2301.27 of the Revised Code972
to serve more than one county.973

       (3) "Community control sanction" has the same meaning as in974
section 2929.01 of the Revised Code.975

       Sec. 341.192. (A) As used in this section:976

        (1) "Medical assistance program" has the same meaning as in 977
section 2913.40 of the Revised Code.978

        (2) "Medical provider" means a physician, hospital, 979
laboratory, pharmacy, or other health care provider that is not 980
employed by or under contract to a county, the department of youth 981
services, or the department of rehabilitation and correction to 982
provide medical services to persons confined in the county jail or 983
a state correctional institution.984

        (3) "Necessary care" means medical care of a nonelective 985
nature that cannot be postponed until after the period of 986
confinement of a person who is confined in a county jail or a 987
state correctional institution or is in the custody of a law 988
enforcement officer without endangering the life or health of the 989
person.990

        (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, directors1006
or superintendents of city infirmaries, county homes, or other1007
charitable institutions, directors or superintendents of1008
workhouses, founded and supported in whole or in part at public1009
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

       Sec. 2921.36.  (A) No person shall knowingly convey, or1028
attempt to convey, onto the grounds of a detention facility or of1029
an institution, office building, or other place that is under the 1030
control of the department of mental health or, the department of 1031
mental retardation and developmental disabilities, the department 1032
of youth services, or the department of rehabilitation and 1033
correction any of the following items:1034

       (1) Any deadly weapon or dangerous ordnance, as defined in1035
section 2923.11 of the Revised Code, or any part of or ammunition1036
for use in such a deadly weapon or dangerous ordnance;1037

       (2) Any drug of abuse, as defined in section 3719.011 of the1038
Revised Code;1039

       (3) Any intoxicating liquor, as defined in section 4301.01 of 1040
the Revised Code.1041

       (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 written1048
authorization of the person in charge of the detention facility or1049
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

       (C) No person shall knowingly deliver, or attempt to deliver, 1053
to any person who is confined in a detention facility, to a child 1054
confined in a youth services facility, to a prisoner who is 1055
temporarily released from confinement for a work assignment, or to 1056
any patient in an institution under the control of the department 1057
of mental health or the department of mental retardation and 1058
developmental disabilities, any item listed in division (A)(1), 1059
(2), or (3) of this section.1060

       (D) No person shall knowingly deliver, or attempt to deliver, 1061
cash to any person who is confined in a detention facility, to a 1062
child confined in a youth services facility, or to a prisoner who 1063
is temporarily released from confinement for a work assignment.1064

       (E) No person shall knowingly deliver, or attempt to deliver,1065
to any person who is confined in a detention facility, to a child 1066
confined in a youth services facility, or to a prisoner who is 1067
temporarily released from confinement for a work assignment a 1068
cellular telephone, two-way radio, or other electronic 1069
communications device.1070

       (F)(1) It is an affirmative defense to a charge under1071
division (A)(1) of this section that the weapon or dangerous1072
ordnance in question was being transported in a motor vehicle for1073
any lawful purpose, that it was not on the actor's person, and, if1074
the weapon or dangerous ordnance in question was a firearm, that1075
it was unloaded and was being carried in a closed package, box, or1076
case or in a compartment that can be reached only by leaving the1077
vehicle.1078

       (2) It is an affirmative defense to a charge under division1079
(C) of this section that the actor was not otherwise prohibited by1080
law from delivering the item to the confined person, the child, 1081
the prisoner, or the patient and that either of the following 1082
applies:1083

       (a) The actor was permitted by the written rules of the1084
detention facility or the institution, office building, or other 1085
place to deliver the item to the confined person or the patient.1086

       (b) The actor was given written authorization by the person1087
in charge of the detention facility or the institution, office 1088
building, or other place to deliver the item to the confined 1089
person or the patient.1090

       (G)(1) Whoever violates division (A)(1) of this section or1091
commits a violation of division (C) of this section involving an1092
item listed in division (A)(1) of this section is guilty of1093
illegal conveyance of weapons onto the grounds of a detention1094
specified governmental facility or a mental health or mental 1095
retardation and developmental disabilities institution, a felony 1096
of the fourththird degree. If the offender is an officer or 1097
employee of the department of rehabilitation and correction, the 1098
court shall impose a mandatory prison term.1099

       (2) Whoever violates division (A)(2) of this section or1100
commits a violation of division (C) of this section involving any1101
drug of abuse is guilty of illegal conveyance of drugs of abuse1102
onto the grounds of a detentionspecified governmental facility or 1103
a mental health or mental retardation and developmental 1104
disabilities institution, a felony of the third degree. If the1105
offender is an officer or employee of the department of 1106
rehabilitation and correction or of the department of youth 1107
services, the court shall impose a mandatory prison term.1108

       (3) Whoever violates division (A)(3) of this section or1109
commits a violation of division (C) of this section involving any1110
intoxicating liquor is guilty of illegal conveyance of1111
intoxicating liquor onto the grounds of a detentionspecified 1112
governmental facility or a mental health or mental retardation and 1113
developmental disabilities institution, a misdemeanor of the 1114
second degree.1115

       (4) Whoever violates division (D) of this section is guilty1116
of illegal conveyance of cash onto the grounds of a detention1117
facility, a misdemeanor of the first degree. If the offender1118
previously has been convicted of or pleaded guilty to a violation1119
of division (D) of this section, illegal conveyance of cash onto1120
the grounds of a detention facility is a felony of the fifth1121
degree.1122

       (5) Whoever violates division (E) of this section is guilty1123
of illegal conveyance of a communications device onto the grounds1124
of a detentionspecified governmental facility, a misdemeanor of 1125
the first degree, or if the offender previously has been convicted 1126
of or pleaded guilty to a violation of division (E) of this 1127
section, a felony of the fifth degree.1128

       Sec. 2929.01.  As used in this chapter:1129

       (A)(1) "Alternative residential facility" means, subject to1130
division (A)(2) of this section, any facility other than an1131
offender's home or residence in which an offender is assigned to1132
live and that satisfies all of the following criteria:1133

       (a) It provides programs through which the offender may seek1134
or maintain employment or may receive education, training,1135
treatment, or habilitation.1136

       (b) It has received the appropriate license or certificate1137
for any specialized education, training, treatment, habilitation,1138
or other service that it provides from the government agency that1139
is responsible for licensing or certifying that type of education,1140
training, treatment, habilitation, or service.1141

       (2) "Alternative residential facility" does not include a1142
community-based correctional facility, jail, halfway house, or1143
prison.1144

       (B) "Bad time" means the time by which the parole board1145
administratively extends an offender's stated prison term or terms1146
pursuant to section 2967.11 of the Revised Code because the parole1147
board finds by clear and convincing evidence that the offender,1148
while serving the prison term or terms, committed an act that is a1149
criminal offense under the law of this state or the United States,1150
whether or not the offender is prosecuted for the commission of1151
that act.1152

       (C) "Basic probation supervision" means a requirement that1153
the offender maintain contact with a person appointed to supervise1154
the offender in accordance with sanctions imposed by the court or1155
imposed by the parole board pursuant to section 2967.28 of the1156
Revised Code. "Basic probation supervision" includes basic parole1157
supervision and basic post-release control supervision.1158

       (D)(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and1159
"unit dose" have the same meanings as in section 2925.01 of the1160
Revised Code.1161

       (E)(D) "Community-based correctional facility" means a1162
community-based correctional facility and program or district1163
community-based correctional facility and program developed1164
pursuant to sections 2301.51 to 2301.58 of the Revised Code.1165

       (F)(E) "Community control sanction" means a sanction that is1166
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 sanction1168
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 control1170
sanction" includes probation if the sentence involved was imposed1171
for a felony that was committed prior to July 1, 1996, or if the1172
sentence involved was imposed for a misdemeanor that was committed1173
prior to January 1, 2004.1174

       (G)(F) "Controlled substance," "marihuana," "schedule I," and1175
"schedule II" have the same meanings as in section 3719.01 of the1176
Revised Code.1177

       (H)(G) "Curfew" means a requirement that an offender during a1178
specified period of time be at a designated place.1179

       (I)(H) "Day reporting" means a sanction pursuant to which an1180
offender is required each day to report to and leave a center or1181
other approved reporting location at specified times in order to1182
participate in work, education or training, treatment, and other1183
approved programs at the center or outside the center.1184

       (J)(I) "Deadly weapon" has the same meaning as in section1185
2923.11 of the Revised Code.1186

       (K)(J) "Drug and alcohol use monitoring" means a program 1187
under which an offender agrees to submit to random chemical 1188
analysis of the offender's blood, breath, or urine to determine 1189
whether the offender has ingested any alcohol or other drugs.1190

       (L)(K) "Drug treatment program" means any program under which 1191
a person undergoes assessment and treatment designed to reduce or1192
completely eliminate the person's physical or emotional reliance1193
upon alcohol, another drug, or alcohol and another drug and under1194
which the person may be required to receive assessment and1195
treatment on an outpatient basis or may be required to reside at a1196
facility other than the person's home or residence while1197
undergoing assessment and treatment.1198

       (M)(L) "Economic loss" means any economic detriment suffered 1199
by a victim as a direct and proximate result of the commission of 1200
an offense and includes any loss of income due to lost time at 1201
work because of any injury caused to the victim, and any property 1202
loss, medical cost, or funeral expense incurred as a result of 1203
the commission of the offense. "Economic loss" does not include 1204
non-economic loss or any punitive or exemplary damages.1205

       (N)(M) "Education or training" includes study at, or in1206
conjunction with a program offered by, a university, college, or1207
technical college or vocational study and also includes the1208
completion of primary school, secondary school, and literacy1209
curricula or their equivalent.1210

        (O)(N) "Firearm" has the same meaning as in section 2923.11 1211
of the Revised Code.1212

       (P)(O) "Halfway house" means a facility licensed by the1213
division of parole and community services of the department of1214
rehabilitation and correction pursuant to section 2967.14 of the1215
Revised Code as a suitable facility for the care and treatment of1216
adult offenders.1217

       (Q)(P) "House arrest" means a period of confinement of an 1218
offender that is in the offender's home or in other premises 1219
specified by the sentencing court or by the parole board pursuant 1220
to section 2967.28 of the Revised Code and during which all of the1221
following apply:1222

       (1) The offender is required to remain in the offender's home 1223
or other specified premises for the specified period of 1224
confinement, except for periods of time during which the offender 1225
is at the offender's place of employment or at other premises as 1226
authorized by the sentencing court or by the parole board.1227

       (2) The offender is required to report periodically to a 1228
person designated by the court or parole board.1229

       (3) The offender is subject to any other restrictions and 1230
requirements that may be imposed by the sentencing court or by the 1231
parole board.1232

       (R)(Q) "Intensive probation supervision" means a requirement1233
that an offender maintain frequent contact with a person appointed1234
by the court, or by the parole board pursuant to section 2967.281235
of the Revised Code, to supervise the offender while the offender1236
is seeking or maintaining necessary employment and participating1237
in training, education, and treatment programs as required in the1238
court's or parole board's order. "Intensive probation supervision" 1239
includes intensive parole supervision and intensive post-release 1240
control supervision.1241

       (S)(R) "Jail" means a jail, workhouse, minimum security jail,1242
or other residential facility used for the confinement of alleged1243
or convicted offenders that is operated by a political1244
subdivision or a combination of political subdivisions of this1245
state.1246

       (T)(S) "Jail term" means the term in a jail that a sentencing1247
court imposes or is authorized to impose pursuant to section1248
2929.24 or 2929.25 of the Revised Code or pursuant to any other1249
provision of the Revised Code that authorizes a term in a jail for1250
a misdemeanor conviction.1251

       (U)(T) "Mandatory jail term" means the term in a jail that a1252
sentencing court is required to impose pursuant to division (G) of1253
section 1547.99 of the Revised Code, division (E) of section 1254
2903.06 or division (D) of section 2903.08 of the Revised Code, 1255
division (E) of section 2929.24 of the Revised Code, division (B)1256
of section 4510.14 of the Revised Code, or division (G) of section 1257
4511.19 of the Revised Code or pursuant to any other provision of 1258
the Revised Code that requires a term in a jail for a misdemeanor1259
conviction.1260

       (V)(U) "Delinquent child" has the same meaning as in section1261
2152.02 of the Revised Code.1262

       (W)(V) "License violation report" means a report that is made1263
by a sentencing court, or by the parole board pursuant to section1264
2967.28 of the Revised Code, to the regulatory or licensing board1265
or agency that issued an offender a professional license or a1266
license or permit to do business in this state and that specifies1267
that the offender has been convicted of or pleaded guilty to an1268
offense that may violate the conditions under which the offender's1269
professional license or license or permit to do business in this1270
state was granted or an offense for which the offender's1271
professional license or license or permit to do business in this1272
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 of1280
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 the1283
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

       (Y)(X) "Mandatory prison term" means any of the following:1289

       (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 section1292
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 another1295
specific term is required under section 2929.14 or 2929.142 of the1296
Revised Code, a mandatory prison term described in this division 1297
may be any prison term authorized for the level of offense.1298

       (2) The term of sixty or one hundred twenty days in prison1299
that a sentencing court is required to impose for a third or1300
fourth degree felony OVI offense pursuant to division (G)(2) of1301
section 2929.13 and division (G)(1)(d) or (e) of section 4511.191302
of the Revised Code or the term of one, two, three, four, or five 1303
years in prison that a sentencing court is required to impose 1304
pursuant to division (G)(2) of section 2929.13 of the Revised 1305
Code.1306

       (3) The term in prison imposed pursuant to division (A) of 1307
section 2971.03 of the Revised Code for the offenses and in the 1308
circumstances described in division (F)(11) of section 2929.13 of 1309
the Revised Code or pursuant to division (B)(1)(a), (b), or (c), 1310
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 1311
2971.03 of the Revised Code and that term as modified or 1312
terminated pursuant to section 2971.05 of the Revised Code.1313

       (Z)(Y) "Monitored time" means a period of time during which 1314
an offender continues to be under the control of the sentencing 1315
court or parole board, subject to no conditions other than leading 1316
a law-abiding life.1317

       (AA)(Z) "Offender" means a person who, in this state, is1318
convicted of or pleads guilty to a felony or a misdemeanor.1319

       (BB)(AA) "Prison" means a residential facility used for the1320
confinement of convicted felony offenders that is under the1321
control of the department of rehabilitation and correction but1322
does not include a violation sanction center operated under1323
authority of section 2967.141 of the Revised Code.1324

       (CC)(BB) "Prison term" includes anyeither of the following1325
sanctions for an offender:1326

       (1) A stated prison term;1327

       (2) A term in a prison shortened by, or with the approval of, 1328
the sentencing court pursuant to section 2929.20, 2967.26,1329
5120.031, 5120.032, or 5120.073 of the Revised Code;1330

       (3) A term in prison extended by bad time imposed pursuant to 1331
section 2967.11 of the Revised Code or imposed for a violation of 1332
post-release control pursuant to section 2967.28 of the Revised1333
Code.1334

       (DD)(CC) "Repeat violent offender" means a person about whom1335
both of the following apply:1336

       (1) The person is being sentenced for committing or for1337
complicity in committing any of the following:1338

       (a) Aggravated murder, murder, any felony of the first or 1339
second degree that is an offense of violence, or an attempt to 1340
commit any of these offenses if the attempt is a felony of the 1341
first or second degree;1342

       (b) An offense under an existing or former law of this state, 1343
another state, or the United States that is or was substantially 1344
equivalent to an offense described in division (DD)(CC)(1)(a) of 1345
this section.1346

       (2) The person previously was convicted of or pleaded guilty1347
to an offense described in division (DD)(CC)(1)(a) or (b) of this 1348
section.1349

       (EE)(DD) "Sanction" means any penalty imposed upon an 1350
offender who is convicted of or pleads guilty to an offense, as 1351
punishment for the offense. "Sanction" includes any sanction 1352
imposed pursuant to any provision of sections 2929.14 to 2929.181353
or 2929.24 to 2929.28 of the Revised Code.1354

       (FF)(EE) "Sentence" means the sanction or combination of1355
sanctions imposed by the sentencing court on an offender who is1356
convicted of or pleads guilty to an offense.1357

       (GG)(FF) "Stated prison term" means the prison term, 1358
mandatory prison term, or combination of all prison terms and 1359
mandatory prison terms imposed by the sentencing court pursuant to 1360
section 2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated 1361
prison term" includes any credit received by the offender for 1362
time spent in jail awaiting trial, sentencing, or transfer to 1363
prison for the offense and any time spent under house arrest or 1364
house arrest with electronic monitoring imposed after earning 1365
credits pursuant to section 2967.193 of the Revised Code.1366

       (HH)(GG) "Victim-offender mediation" means a reconciliation 1367
or mediation program that involves an offender and the victim of 1368
the offense committed by the offender and that includes a meeting 1369
in which the offender and the victim may discuss the offense, 1370
discuss restitution, and consider other sanctions for the offense.1371

       (II)(HH) "Fourth degree felony OVI offense" means a violation1372
of division (A) of section 4511.19 of the Revised Code that, 1373
under division (G) of that section, is a felony of the fourth1374
degree.1375

       (JJ)(II) "Mandatory term of local incarceration" means the 1376
term of sixty or one hundred twenty days in a jail, a1377
community-based correctional facility, a halfway house, or an 1378
alternative residential facility that a sentencing court may 1379
impose upon a person who is convicted of or pleads guilty to a 1380
fourth degree felony OVI offense pursuant to division (G)(1) of 1381
section 2929.13 of the Revised Code and division (G)(1)(d) or (e)1382
of section 4511.19 of the Revised Code.1383

       (KK)(JJ) "Designated homicide, assault, or kidnapping1384
offense," "violent sex offense," "sexual motivation 1385
specification," "sexually violent offense," "sexually violent 1386
predator," and "sexually violent predator specification" have the 1387
same meanings as in section 2971.01 of the Revised Code.1388

       (LL)(KK) "Sexually oriented offense," "child-victim oriented 1389
offense," and "tier III sex offender/child-victim offender," have 1390
the same meanings as in section 2950.01 of the Revised Code.1391

       (MM)(LL) An offense is "committed in the vicinity of a child"1392
if the offender commits the offense within thirty feet of or 1393
within the same residential unit as a child who is under eighteen 1394
years of age, regardless of whether the offender knows the age of 1395
the child or whether the offender knows the offense is being 1396
committed within thirty feet of or within the same residential 1397
unit as the child and regardless of whether the child actually 1398
views the commission of the offense.1399

       (NN)(MM) "Family or household member" has the same meaning as1400
in section 2919.25 of the Revised Code.1401

       (OO)(NN) "Motor vehicle" and "manufactured home" have the1402
same meanings as in section 4501.01 of the Revised Code.1403

       (PP)(OO) "Detention" and "detention facility" have the same1404
meanings as in section 2921.01 of the Revised Code.1405

       (QQ)(PP) "Third degree felony OVI offense" means a violation 1406
of division (A) of section 4511.19 of the Revised Code that, under1407
division (G) of that section, is a felony of the third degree.1408

       (RR)(QQ) "Random drug testing" has the same meaning as in1409
section 5120.63 of the Revised Code.1410

       (SS)(RR) "Felony sex offense" has the same meaning as in1411
section 2967.28 of the Revised Code.1412

       (TT)(SS) "Body armor" has the same meaning as in section1413
2941.1411 of the Revised Code.1414

       (UU)(TT) "Electronic monitoring" means monitoring through the1415
use of an electronic monitoring device.1416

       (VV)(UU) "Electronic monitoring device" means any of the1417
following:1418

        (1) Any device that can be operated by electrical or battery1419
power and that conforms with all of the following:1420

        (a) The device has a transmitter that can be attached to a1421
person, that will transmit a specified signal to a receiver of the1422
type described in division (VV)(UU)(1)(b) of this section if the1423
transmitter is removed from the person, turned off, or altered in1424
any manner without prior court approval in relation to electronic1425
monitoring or without prior approval of the department of1426
rehabilitation and correction in relation to the use of an1427
electronic monitoring device for an inmate on transitional control1428
or otherwise is tampered with, that can transmit continuously and1429
periodically a signal to that receiver when the person is within a1430
specified distance from the receiver, and that can transmit an1431
appropriate signal to that receiver if the person to whom it is1432
attached travels a specified distance from that receiver.1433

        (b) The device has a receiver that can receive continuously1434
the signals transmitted by a transmitter of the type described in1435
division (VV)(UU)(1)(a) of this section, can transmit continuously1436
those signals by telephone to a central monitoring computer of the1437
type described in division (VV)(UU)(1)(c) of this section, and can1438
transmit continuously an appropriate signal to that central1439
monitoring computer if the receiver is turned off or altered1440
without prior court approval or otherwise tampered with.1441

        (c) The device has a central monitoring computer that can1442
receive continuously the signals transmitted by telephone by a1443
receiver of the type described in division (VV)(UU)(1)(b) of this1444
section and can monitor continuously the person to whom an1445
electronic monitoring device of the type described in division1446
(VV)(UU)(1)(a) of this section is attached.1447

        (2) Any device that is not a device of the type described in1448
division (VV)(UU)(1) of this section and that conforms with all of 1449
the following:1450

       (a) The device includes a transmitter and receiver that can1451
monitor and determine the location of a subject person at any1452
time, or at a designated point in time, through the use of a1453
central monitoring computer or through other electronic means.1454

        (b) The device includes a transmitter and receiver that can1455
determine at any time, or at a designated point in time, through1456
the use of a central monitoring computer or other electronic means1457
the fact that the transmitter is turned off or altered in any1458
manner without prior approval of the court in relation to the1459
electronic monitoring or without prior approval of the department1460
of rehabilitation and correction in relation to the use of an1461
electronic monitoring device for an inmate on transitional control1462
or otherwise is tampered with.1463

        (3) Any type of technology that can adequately track or1464
determine the location of a subject person at any time and that is1465
approved by the director of rehabilitation and correction,1466
including, but not limited to, any satellite technology, voice1467
tracking system, or retinal scanning system that is so approved.1468

       (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

       (XX)(WW) "Prosecutor" has the same meaning as in section 1476
2935.01 of the Revised Code.1477

       (YY)(XX) "Continuous alcohol monitoring" means the ability to 1478
automatically test and periodically transmit alcohol consumption 1479
levels and tamper attempts at least every hour, regardless of the 1480
location of the person who is being monitored.1481

       (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

       (AAA)(ZZ) An offense is "committed in proximity to a school" 1494
if the offender commits the offense in a school safety zone or 1495
within five hundred feet of any school building or the boundaries 1496
of any school premises, regardless of whether the offender knows 1497
the offense is being committed in a school safety zone or within 1498
five hundred feet of any school building or the boundaries of any 1499
school premises.1500

       Sec. 2929.13.  (A) Except as provided in division (E), (F),1501
or (G) of this section and unless a specific sanction is required1502
to be imposed or is precluded from being imposed pursuant to law,1503
a court that imposes a sentence upon an offender for a felony may1504
impose any sanction or combination of sanctions on the offender1505
that are provided in sections 2929.14 to 2929.18 of the Revised1506
Code. The sentence shall not impose an unnecessary burden on state 1507
or local government resources.1508

       If the offender is eligible to be sentenced to community1509
control sanctions, the court shall consider the appropriateness of1510
imposing a financial sanction pursuant to section 2929.18 of the1511
Revised Code or a sanction of community service pursuant to1512
section 2929.17 of the Revised Code as the sole sanction for the1513
offense. Except as otherwise provided in this division, if the1514
court is required to impose a mandatory prison term for the1515
offense for which sentence is being imposed, the court also may1516
impose a financial sanction pursuant to section 2929.18 of the1517
Revised Code but may not impose any additional sanction or1518
combination of sanctions under section 2929.16 or 2929.17 of the1519
Revised Code.1520

       If the offender is being sentenced for a fourth degree felony1521
OVI offense or for a third degree felony OVI offense, in addition1522
to the mandatory term of local incarceration or the mandatory1523
prison term required for the offense by division (G)(1) or (2) of1524
this section, the court shall impose upon the offender a mandatory1525
fine in accordance with division (B)(3) of section 2929.18 of the1526
Revised Code and may impose whichever of the following is1527
applicable:1528

       (1) For a fourth degree felony OVI offense for which sentence 1529
is imposed under division (G)(1) of this section, an additional1530
community control sanction or combination of community control 1531
sanctions under section 2929.16 or 2929.17 of the Revised Code. If 1532
the court imposes upon the offender a community control sanction 1533
and the offender violates any condition of the community control 1534
sanction, the court may take any action prescribed in division (B) 1535
of section 2929.15 of the Revised Code relative to the offender, 1536
including imposing a prison term on the offender pursuant to that 1537
division.1538

       (2) For a third or fourth degree felony OVI offense for which1539
sentence is imposed under division (G)(2) of this section, an 1540
additional prison term as described in division (D)(4) of section 1541
2929.14 of the Revised Code or a community control sanction as 1542
described in division (G)(2) of this section.1543

       (B)(1) Except as provided in division (B)(2), (E), (F), or1544
(G) of this section, in sentencing an offender for a felony of the1545
fourth or fifth degree, the sentencing court shall determine1546
whether any of the following apply:1547

       (a) In committing the offense, the offender caused physical1548
harm to a person.1549

       (b) In committing the offense, the offender attempted to1550
cause or made an actual threat of physical harm to a person with a1551
deadly weapon.1552

       (c) In committing the offense, the offender attempted to1553
cause or made an actual threat of physical harm to a person, and1554
the offender previously was convicted of an offense that caused1555
physical harm to a person.1556

       (d) The offender held a public office or position of trust1557
and the offense related to that office or position; the offender's1558
position obliged the offender to prevent the offense or to bring1559
those committing it to justice; or the offender's professional1560
reputation or position facilitated the offense or was likely to1561
influence the future conduct of others.1562

       (e) The offender committed the offense for hire or as part of 1563
an organized criminal activity.1564

       (f) The offense is a sex offense that is a fourth or fifth1565
degree felony violation of section 2907.03, 2907.04, 2907.05,1566
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the1567
Revised Code.1568

       (g) The offender at the time of the offense was serving, or1569
the offender previously had served, a prison term.1570

       (h) The offender committed the offense while under a1571
community control sanction, while on probation, or while released1572
from custody on a bond or personal recognizance.1573

       (i) The offender committed the offense while in possession of 1574
a firearm.1575

       (2)(a) If the court makes a finding described in division1576
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this1577
section and if the court, after considering the factors set forth1578
in section 2929.12 of the Revised Code, finds that a prison term1579
is consistent with the purposes and principles of sentencing set1580
forth in section 2929.11 of the Revised Code and finds that the1581
offender is not amenable to an available community control1582
sanction, the court shall impose a prison term upon the offender.1583

       (b) Except as provided in division (E), (F), or (G) of this1584
section, if the court does not make a finding described in1585
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of1586
this section and if the court, after considering the factors set1587
forth in section 2929.12 of the Revised Code, finds that a1588
community control sanction or combination of community control1589
sanctions is consistent with the purposes and principles of1590
sentencing set forth in section 2929.11 of the Revised Code, the1591
court shall impose a community control sanction or combination of1592
community control sanctions upon the offender.1593

       (C) Except as provided in division (D), (E), (F), or (G) of 1594
this section, in determining whether to impose a prison term as a1595
sanction for a felony of the third degree or a felony drug offense1596
that is a violation of a provision of Chapter 2925. of the Revised1597
Code and that is specified as being subject to this division for1598
purposes of sentencing, the sentencing court shall comply with the1599
purposes and principles of sentencing under section 2929.11 of the1600
Revised Code and with section 2929.12 of the Revised Code.1601

       (D)(1) Except as provided in division (E) or (F) of this1602
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

       (2) Notwithstanding the presumption established under 1615
division (D)(1) of this section for the offenses listed in that 1616
division other than a violation of division (A)(4) or (B) of 1617
section 2907.05 of the Revised Code, the sentencing court may1618
impose a community control sanction or a combination of community 1619
control sanctions instead of a prison term on an offender for a 1620
felony of the first or second degree or for a felony drug offense 1621
that is a violation of any provision of Chapter 2925., 3719., or 1622
4729. of the Revised Code for which a presumption in favor of a 1623
prison term is specified as being applicable if it makes both of1624
the following findings:1625

       (a) A community control sanction or a combination of1626
community control sanctions would adequately punish the offender1627
and protect the public from future crime, because the applicable1628
factors under section 2929.12 of the Revised Code indicating a1629
lesser likelihood of recidivism outweigh the applicable factors1630
under that section indicating a greater likelihood of recidivism.1631

       (b) A community control sanction or a combination of1632
community control sanctions would not demean the seriousness of1633
the offense, because one or more factors under section 2929.12 of1634
the Revised Code that indicate that the offender's conduct was1635
less serious than conduct normally constituting the offense are1636
applicable, and they outweigh the applicable factors under that1637
section that indicate that the offender's conduct was more serious1638
than conduct normally constituting the offense.1639

       (E)(1) Except as provided in division (F) of this section,1640
for any drug offense that is a violation of any provision of1641
Chapter 2925. of the Revised Code and that is a felony of the1642
third, fourth, or fifth degree, the applicability of a presumption1643
under division (D) of this section in favor of a prison term or of1644
division (B) or (C) of this section in determining whether to1645
impose a prison term for the offense shall be determined as1646
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 the1648
Revised Code, whichever is applicable regarding the violation.1649

       (2) If an offender who was convicted of or pleaded guilty to1650
a felony violates the conditions of a community control sanction1651
imposed for the offense solely by reason of producing positive1652
results on a drug test, the court, as punishment for the violation1653
of the sanction, shall not order that the offender be imprisoned1654
unless the court determines on the record either of the following:1655

       (a) The offender had been ordered as a sanction for the1656
felony to participate in a drug treatment program, in a drug1657
education program, or in narcotics anonymous or a similar program,1658
and the offender continued to use illegal drugs after a reasonable1659
period of participation in the program.1660

       (b) The imprisonment of the offender for the violation is1661
consistent with the purposes and principles of sentencing set1662
forth in section 2929.11 of the Revised Code.1663

       (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

       (F) Notwithstanding divisions (A) to (E) of this section, the 1679
court shall impose a prison term or terms under sections 2929.02 1680
to 2929.06, section 2929.14, section 2929.142, or section 2971.03 1681
of the Revised Code and except as specifically provided in section1682
2929.20 or 2967.191 of the Revised Code or when parole is1683
authorized for the offense under section 2967.13 of the Revised1684
Code shall not reduce the term or terms pursuant to section 1685
2929.20, section 2967.193, or any other provision of Chapter 2967. 1686
or Chapter 5120. of the Revised Code for any of the following1687
offenses:1688

       (1) Aggravated murder when death is not imposed or murder;1689

       (2) Any rape, regardless of whether force was involved and1690
regardless of the age of the victim, or an attempt to commit rape 1691
if, had the offender completed the rape that was attempted, the1692
offender would have been guilty of a violation of division 1693
(A)(1)(b) of section 2907.02 of the Revised Code and would be 1694
sentenced under section 2971.03 of the Revised Code;1695

       (3) Gross sexual imposition or sexual battery, if the victim1696
is less than thirteen years of age and if any of the following 1697
applies:1698

       (a) Regarding gross sexual imposition, the offender 1699
previously was convicted of or pleaded guilty to rape, the former 1700
offense of felonious sexual penetration, gross sexual imposition, 1701
or sexual battery, and the victim of the previous offense was 1702
less than thirteen years of age;1703

       (b) Regarding gross sexual imposition, the offense was 1704
committed on or after August 3, 2006, and evidence other than the 1705
testimony of the victim was admitted in the case corroborating the 1706
violation.1707

       (c) Regarding sexual battery, either of the following 1708
applies:1709

       (i) The offense was committed prior to August 3, 2006, the 1710
offender previously was convicted of or pleaded guilty to rape, 1711
the former offense of felonious sexual penetration, or sexual 1712
battery, and the victim of the previous offense was less than 1713
thirteen years of age.1714

       (ii) The offense was committed on or after August 3, 2006.1715

       (4) A felony violation of section 2903.04, 2903.06, 2903.08,1716
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the 1717
section requires the imposition of a prison term;1718

       (5) A first, second, or third degree felony drug offense for1719
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,1720
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or1721
4729.99 of the Revised Code, whichever is applicable regarding the1722
violation, requires the imposition of a mandatory prison term;1723

       (6) Any offense that is a first or second degree felony and1724
that is not set forth in division (F)(1), (2), (3), or (4) of this1725
section, if the offender previously was convicted of or pleaded1726
guilty to aggravated murder, murder, any first or second degree1727
felony, or an offense under an existing or former law of this1728
state, another state, or the United States that is or was1729
substantially equivalent to one of those offenses;1730

       (7) Any offense that is a third degree felony and either is 1731
a violation of section 2903.04 of the Revised Code or an attempt 1732
to commit a felony of the second degree that is an offense of 1733
violence and involved an attempt to cause serious physical harm to 1734
a person or that resulted in serious physical harm to a person if 1735
the offender previously was convicted of or pleaded guilty to any 1736
of the following offenses:1737

       (a) Aggravated murder, murder, involuntary manslaughter, 1738
rape, felonious sexual penetration as it existed under section 1739
2907.12 of the Revised Code prior to September 3, 1996, a felony 1740
of the first or second degree that resulted in the death of a 1741
person or in physical harm to a person, or complicity in or an 1742
attempt to commit any of those offenses;1743

       (b) An offense under an existing or former law of this state, 1744
another state, or the United States that is or was substantially 1745
equivalent to an offense listed in division (F)(7)(a) of this 1746
section that resulted in the death of a person or in physical harm 1747
to a person.1748

       (8) Any offense, other than a violation of section 2923.12 of 1749
the Revised Code, that is a felony, if the offender had a firearm 1750
on or about the offender's person or under the offender's control1751
while committing the felony, with respect to a portion of the1752
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 1753
of the Revised Code for having the firearm;1754

       (9) Any offense of violence that is a felony, if the offender 1755
wore or carried body armor while committing the felony offense of 1756
violence, with respect to the portion of the sentence imposed 1757
pursuant to division (D)(1)(d) of section 2929.14 of the Revised 1758
Code for wearing or carrying the body armor;1759

       (10) Corrupt activity in violation of section 2923.32 of the1760
Revised Code when the most serious offense in the pattern of1761
corrupt activity that is the basis of the offense is a felony of1762
the first degree;1763

       (11) Any violent sex offense or designated homicide, assault, 1764
or kidnapping offense if, in relation to that offense, the 1765
offender is adjudicated a sexually violent predator;1766

       (12) A violation of division (A)(1) or (2) of section 2921.36 1767
of the Revised Code, or a violation of division (C) of that 1768
section involving an item listed in division (A)(1) or (2) of that 1769
section, if the offender is an officer or employee of the1770
department of rehabilitation and correction;1771

        (13) A violation of division (A)(1) or (2) of section 2903.06 1772
of the Revised Code if the victim of the offense is a peace 1773
officer, as defined in section 2935.01 of the Revised Code, or an 1774
investigator of the bureau of criminal identification and 1775
investigation, as defined in section 2903.11 of the Revised Code, 1776
with respect to the portion of the sentence imposed pursuant to 1777
division (D)(5) of section 2929.14 of the Revised Code;1778

        (14) A violation of division (A)(1) or (2) of section 2903.06 1779
of the Revised Code if the offender has been convicted of or 1780
pleaded guilty to three or more violations of division (A) or (B) 1781
of section 4511.19 of the Revised Code or an equivalent offense, 1782
as defined in section 2941.1415 of the Revised Code, or three or 1783
more violations of any combination of those divisions and 1784
offenses, with respect to the portion of the sentence imposed 1785
pursuant to division (D)(6) of section 2929.14 of the Revised 1786
Code;1787

       (15) Kidnapping, in the circumstances specified in section 1788
2971.03 of the Revised Code and when no other provision of 1789
division (F) of this section applies.1790

       (G) Notwithstanding divisions (A) to (E) of this section, if1791
an offender is being sentenced for a fourth degree felony OVI1792
offense or for a third degree felony OVI offense, the court shall1793
impose upon the offender a mandatory term of local incarceration1794
or a mandatory prison term in accordance with the following:1795

       (1) If the offender is being sentenced for a fourth degree1796
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 incarceration1800
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 shall1802
not reduce the term pursuant to section 2929.20, 2967.193, or any1803
other provision of the Revised Code. The court that imposes a1804
mandatory term of local incarceration under this division shall1805
specify whether the term is to be served in a jail, a1806
community-based correctional facility, a halfway house, or an1807
alternative residential facility, and the offender shall serve the1808
term in the type of facility specified by the court. A mandatory1809
term of local incarceration imposed under division (G)(1) of this1810
section is not subject to extension under section 2967.11 of the1811
Revised Code, to a period of post-release control under section1812
2967.28 of the Revised Code, or to any other Revised Code1813
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 degree1816
felony OVI offense, or if the offender is being sentenced for a1817
fourth degree felony OVI offense and the court does not impose a1818
mandatory term of local incarceration under division (G)(1) of1819
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 a1836
fourth degree felony OVI offense be sentenced to another mandatory1837
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 a1841
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 Revised1847
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 operated1853
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

       (a) The department of rehabilitation and correction shall1857
make a reasonable effort to ensure that a sufficient number of1858
offenders sentenced to a mandatory prison term under this division1859
are placed in the privately operated and managed prison so that1860
the privately operated and managed prison has full occupancy.1861

       (b) Unless the privately operated and managed prison has full1862
occupancy, the department of rehabilitation and correction shall 1863
not place any offender sentenced to a mandatory prison term under 1864
this division in any intensive program prison established pursuant1865
to section 5120.033 of the Revised Code other than the privately 1866
operated and managed prison.1867

       (H) If an offender is being sentenced for a sexually oriented 1868
offense or child-victim oriented offense that is a felony 1869
committed on or after January 1, 1997, the judge shall require the 1870
offender to submit to a DNA specimen collection procedure pursuant 1871
to section 2901.07 of the Revised Code.1872

       (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 the1877
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 that1881
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

       (J)(1) Except as provided in division (J)(2) of this section, 1885
when considering sentencing factors under this section in relation 1886
to an offender who is convicted of or pleads guilty to an attempt 1887
to commit an offense in violation of section 2923.02 of the 1888
Revised Code, the sentencing court shall consider the factors1889
applicable to the felony category of the violation of section1890
2923.02 of the Revised Code instead of the factors applicable to1891
the felony category of the offense attempted.1892

       (2) When considering sentencing factors under this section in 1893
relation to an offender who is convicted of or pleads guilty to an 1894
attempt to commit a drug abuse offense for which the penalty is1895
determined by the amount or number of unit doses of the controlled1896
substance involved in the drug abuse offense, the sentencing court1897
shall consider the factors applicable to the felony category that1898
the drug abuse offense attempted would be if that drug abuse1899
offense had been committed and had involved an amount or number of1900
unit doses of the controlled substance that is within the next1901
lower range of controlled substance amounts than was involved in1902
the attempt.1903

       (K) As used in this section, "drug abuse offense" has the1904
same meaning as in section 2925.01 of the Revised Code.1905

       (L) At the time of sentencing an offender for any sexually 1906
oriented offense, if the offender is a tier III sex 1907
offender/child-victim offender relative to that offense and the 1908
offender does not serve a prison term or jail term, the court may 1909
require that the offender be monitored by means of a global 1910
positioning device. If the court requires such monitoring, the 1911
cost of monitoring shall be borne by the offender. If the 1912
offender is indigent, the cost of compliance shall be paid by the 1913
crime victims reparations fund.1914

       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

       (1) For a felony of the first degree, the prison term shall1923
be three, four, five, six, seven, eight, nine, or ten years.1924

       (2) For a felony of the second degree, the prison term shall1925
be two, three, four, five, six, seven, or eight years.1926

       (3) For a felony of the third degree, the prison term shall1927
be one, two, three, four, or five years.1928

       (4) For a felony of the fourth degree, the prison term shall1929
be six, seven, eight, nine, ten, eleven, twelve, thirteen,1930
fourteen, fifteen, sixteen, seventeen, or eighteen months.1931

       (5) For a felony of the fifth degree, the prison term shall1932
be six, seven, eight, nine, ten, eleven, or twelve months.1933

       (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 Chapter1936
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

       (1) The offender was serving a prison term at the time of the 1942
offense, or the offender previously had served a prison term.1943

       (2) The court finds on the record that the shortest prison1944
term will demean the seriousness of the offender's conduct or will1945
not adequately protect the public from future crime by the1946
offender or others.1947

       (C) Except as provided in division (G) or (L) of this section 1948
or in Chapter 2925. of the Revised Code, the court imposing a 1949
sentence upon an offender for a felony may impose the longest 1950
prison term authorized for the offense pursuant to division (A) of1951
this section only upon offenders who committed the worst forms of1952
the offense, upon offenders who pose the greatest likelihood of1953
committing future crimes, upon certain major drug offenders under1954
division (D)(3) of this section, and upon certain repeat violent1955
offenders in accordance with division (D)(2) of this section.1956

       (D)(1)(a) Except as provided in division (D)(1)(e) of this1957
section, if an offender who is convicted of or pleads guilty to a1958
felony also is convicted of or pleads guilty to a specification of1959
the type described in section 2941.141, 2941.144, or 2941.145 of1960
the Revised Code, the court shall impose on the offender one of1961
the following prison terms:1962

       (i) A prison term of six years if the specification is of the1963
type described in section 2941.144 of the Revised Code that1964
charges the offender with having a firearm that is an automatic1965
firearm or that was equipped with a firearm muffler or silencer on1966
or about the offender's person or under the offender's control1967
while committing the felony;1968

       (ii) A prison term of three years if the specification is of1969
the type described in section 2941.145 of the Revised Code that1970
charges the offender with having a firearm on or about the1971
offender's person or under the offender's control while committing1972
the offense and displaying the firearm, brandishing the firearm,1973
indicating that the offender possessed the firearm, or using it to1974
facilitate the offense;1975

       (iii) A prison term of one year if the specification is of1976
the type described in section 2941.141 of the Revised Code that1977
charges the offender with having a firearm on or about the1978
offender's person or under the offender's control while committing1979
the felony.1980

       (b) If a court imposes a prison term on an offender under1981
division (D)(1)(a) of this section, the prison term shall not be1982
reduced pursuant to section 2929.20, section 2967.193, or any1983
other provision of Chapter 2967. or Chapter 5120. of the Revised1984
Code. Except as provided in division (D)(1)(g) of this section, a 1985
court shall not impose more than one prison term on an offender 1986
under division (D)(1)(a) of this section for felonies committed as 1987
part of the same act or transaction.1988

       (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 the1994
type described in section 2941.146 of the Revised Code that1995
charges the offender with committing the offense by discharging a1996
firearm from a motor vehicle other than a manufactured home, the1997
court, after imposing a prison term on the offender for the1998
violation of section 2923.161 of the Revised Code or for the other1999
felony offense under division (A), (D)(2), or (D)(3) of this2000
section, shall impose an additional prison term of five years upon2001
the offender that shall not be reduced pursuant to section2002
2929.20, section 2967.193, or any other provision of Chapter 2967.2003
or Chapter 5120. of the Revised Code. A court shall not impose2004
more than one additional prison term on an offender under division2005
(D)(1)(c) of this section for felonies committed as part of the2006
same act or transaction. If a court imposes an additional prison2007
term on an offender under division (D)(1)(c) of this section2008
relative to an offense, the court also shall impose a prison term2009
under division (D)(1)(a) of this section relative to the same2010
offense, provided the criteria specified in that division for2011
imposing an additional prison term are satisfied relative to the2012
offender and the offense.2013

       (d) If an offender who is convicted of or pleads guilty to2014
an offense of violence that is a felony also is convicted of or2015
pleads guilty to a specification of the type described in section2016
2941.1411 of the Revised Code that charges the offender with2017
wearing or carrying body armor while committing the felony offense2018
of violence, the court shall impose on the offender a prison term2019
of two years. The prison term so imposed shall not be reduced2020
pursuant to section 2929.20, section 2967.193, or any other2021
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 2022
court shall not impose more than one prison term on an offender2023
under division (D)(1)(d) of this section for felonies committed as2024
part of the same act or transaction. If a court imposes an2025
additional prison term under division (D)(1)(a) or (c) of this2026
section, the court is not precluded from imposing an additional2027
prison term under division (D)(1)(d) of this section.2028

       (e) The court shall not impose any of the prison terms2029
described in division (D)(1)(a) of this section or any of the2030
additional prison terms described in division (D)(1)(c) of this2031
section upon an offender for a violation of section 2923.12 or2032
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

       (i) The offender previously has been convicted of aggravated2043
murder, murder, or any felony of the first or second degree.2044

       (ii) Less than five years have passed since the offender was2045
released from prison or post-release control, whichever is later,2046
for the prior offense.2047

        (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 section2055
2941.1412 of the Revised Code, the court, after imposing a prison2056
term on the offender for the felony offense under division (A),2057
(D)(2), or (D)(3) of this section, shall impose an additional2058
prison term of seven years upon the offender that shall not be2059
reduced pursuant to section 2929.20, section 2967.193, or any2060
other provision of Chapter 2967. or Chapter 5120. of the Revised2061
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 a2074
court imposes an additional prison term on an offender under2075
division (D)(1)(f) of this section relative to an offense, the2076
court shall not impose a prison term under division (D)(1)(a) or2077
(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

       (2)(a) If division (D)(2)(b) of this section does not apply, 2092
the court may impose on an offender, in addition to the longest 2093
prison term authorized or required for the offense, an additional 2094
definite prison term of one, two, three, four, five, six, seven, 2095
eight, nine, or ten years if all of the following criteria are 2096
met:2097

       (i) The offender is convicted of or pleads guilty to a 2098
specification of the type described in section 2941.149 of the 2099
Revised Code that the offender is a repeat violent offender.2100

       (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 court imposes the longest prison term for the 2112
offense that is not life imprisonment without parole.2113

       (iv) The court finds that the prison terms imposed pursuant 2114
to division (D)(2)(a)(iii) of this section and, if applicable, 2115
division (D)(1) or (3) of this section are inadequate to punish 2116
the offender and protect the public from future crime, because the2117
applicable factors under section 2929.12 of the Revised Code2118
indicating a greater likelihood of recidivism outweigh the2119
applicable factors under that section indicating a lesser2120
likelihood of recidivism.2121

       (v) The court finds that the prison terms imposed pursuant to 2122
division (D)(2)(a)(iii) of this section and, if applicable, 2123
division (D)(1) or (3) of this section are demeaning to the2124
seriousness of the offense, because one or more of the factors2125
under section 2929.12 of the Revised Code indicating that the 2126
offender's conduct is more serious than conduct normally2127
constituting the offense are present, and they outweigh the 2128
applicable factors under that section indicating that the 2129
offender's conduct is less serious than conduct normally 2130
constituting the offense.2131

       (b) The court shall impose on an offender the longest prison 2132
term authorized or required for the offense and shall impose on 2133
the offender an additional definite prison term of one, two, 2134
three, four, five, six, seven, eight, nine, or ten years if all of 2135
the following criteria are met:2136

       (i) The offender is convicted of or pleads guilty to a 2137
specification of the type described in section 2941.149 of the 2138
Revised Code that the offender is a repeat violent offender.2139

       (ii) The offender within the preceding twenty years has been 2140
convicted of or pleaded guilty to three or more offenses described 2141
in division (DD)(CC)(1) of section 2929.01 of the Revised Code, 2142
including all offenses described in that division of which the 2143
offender is convicted or to which the offender pleads guilty in 2144
the current prosecution and all offenses described in that 2145
division of which the offender previously has been convicted or to 2146
which the offender previously pleaded guilty, whether prosecuted 2147
together or separately.2148

       (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

       (c) For purposes of division (D)(2)(b) of this section, two 2161
or more offenses committed at the same time or as part of the same 2162
act or event shall be considered one offense, and that one offense 2163
shall be the offense with the greatest penalty.2164

       (d) A sentence imposed under division (D)(2)(a) or (b) of 2165
this section shall not be reduced pursuant to section 2929.20 or 2166
section 2967.193, or any other provision of Chapter 2967. or 2167
Chapter 5120. of the Revised Code. The offender shall serve an 2168
additional prison term imposed under this section consecutively to 2169
and prior to the prison term imposed for the underlying offense.2170

       (e) When imposing a sentence pursuant to division (D)(2)(a) 2171
or (b) of this section, the court shall state its findings 2172
explaining the imposed sentence.2173

       (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 attempted2194
violation of section 2907.02 of the Revised Code and, had the2195
offender completed the violation of section 2907.02 of the Revised2196
Code that was attempted, the offender would have been subject to a2197
sentence of life imprisonment or life imprisonment without parole2198
for the violation of section 2907.02 of the Revised Code, the2199
court shall impose upon the offender for the felony violation a2200
ten-year prison term that cannot be reduced pursuant to section2201
2929.20 or Chapter 2967. or 5120. of the Revised Code.2202

       (b) The court imposing a prison term on an offender under2203
division (D)(3)(a) of this section may impose an additional prison2204
term of one, two, three, four, five, six, seven, eight, nine, or2205
ten years, if the court, with respect to the term imposed under2206
division (D)(3)(a) of this section and, if applicable, divisions2207
(D)(1) and (2) of this section, makes both of the findings set2208
forth in divisions (D)(2)(a)(iv) and (v) of this section.2209

       (4) If the offender is being sentenced for a third or fourth2210
degree felony OVI offense under division (G)(2) of section 2929.132211
of the Revised Code, the sentencing court shall impose upon the2212
offender a mandatory prison term in accordance with that division.2213
In addition to the mandatory prison term, if the offender is being2214
sentenced for a fourth degree felony OVI offense, the court,2215
notwithstanding division (A)(4) of this section, may sentence the2216
offender to a definite prison term of not less than six months and2217
not more than thirty months, and if the offender is being2218
sentenced for a third degree felony OVI offense, the sentencing2219
court may sentence the offender to an additional prison term of2220
any duration specified in division (A)(3) of this section. In2221
either case, the additional prison term imposed shall be reduced2222
by the sixty or one hundred twenty days imposed upon the offender2223
as the mandatory prison term. The total of the additional prison2224
term imposed under division (D)(4) of this section plus the sixty2225
or one hundred twenty days imposed as the mandatory prison term2226
shall equal a definite term in the range of six months to thirty2227
months for a fourth degree felony OVI offense and shall equal one2228
of the authorized prison terms specified in division (A)(3) of2229
this section for a third degree felony OVI offense. If the court2230
imposes an additional prison term under division (D)(4) of this2231
section, the offender shall serve the additional prison term after2232
the offender has served the mandatory prison term required for the2233
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

        If the offender is being sentenced for a fourth degree felony 2240
OVI offense under division (G)(1) of section 2929.13 of the 2241
Revised Code and the court imposes a mandatory term of local 2242
incarceration, the court may impose a prison term as described in 2243
division (A)(1) of that section.2244

       (5) If an offender is convicted of or pleads guilty to a2245
violation of division (A)(1) or (2) of section 2903.06 of the2246
Revised Code and also is convicted of or pleads guilty to a2247
specification of the type described in section 2941.1414 of the2248
Revised Code that charges that the victim of the offense is a2249
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 five2253
years. If a court imposes a prison term on an offender under2254
division (D)(5) of this section, the prison term shall not be2255
reduced pursuant to section 2929.20, section 2967.193, or any2256
other provision of Chapter 2967. or Chapter 5120. of the Revised2257
Code. A court shall not impose more than one prison term on an2258
offender under division (D)(5) of this section for felonies2259
committed as part of the same act.2260

        (6) If an offender is convicted of or pleads guilty to a2261
violation of division (A)(1) or (2) of section 2903.06 of the2262
Revised Code and also is convicted of or pleads guilty to a2263
specification of the type described in section 2941.1415 of the2264
Revised Code that charges that the offender previously has been2265
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 to2279
division (D)(1)(a) of this section for having a firearm on or2280
about the offender's person or under the offender's control while2281
committing a felony, if a mandatory prison term is imposed upon an2282
offender pursuant to division (D)(1)(c) of this section for2283
committing a felony specified in that division by discharging a2284
firearm from a motor vehicle, or if both types of mandatory prison2285
terms are imposed, the offender shall serve any mandatory prison2286
term imposed under either division consecutively to any other2287
mandatory prison term imposed under either division or under2288
division (D)(1)(d) of this section, consecutively to and prior to2289
any prison term imposed for the underlying felony pursuant to2290
division (A), (D)(2), or (D)(3) of this section or any other2291
section of the Revised Code, and consecutively to any other prison2292
term or mandatory prison term previously or subsequently imposed2293
upon the offender.2294

       (b) If a mandatory prison term is imposed upon an offender2295
pursuant to division (D)(1)(d) of this section for wearing or2296
carrying body armor while committing an offense of violence that2297
is a felony, the offender shall serve the mandatory term so2298
imposed consecutively to any other mandatory prison term imposed2299
under that division or under division (D)(1)(a) or (c) of this2300
section, consecutively to and prior to any prison term imposed for2301
the underlying felony under division (A), (D)(2), or (D)(3) of2302
this section or any other section of the Revised Code, and2303
consecutively to any other prison term or mandatory prison term2304
previously or subsequently imposed upon the offender.2305

       (c) If a mandatory prison term is imposed upon an offender2306
pursuant to division (D)(1)(f) of this section, the offender shall2307
serve the mandatory prison term so imposed consecutively to and2308
prior to any prison term imposed for the underlying felony under2309
division (A), (D)(2), or (D)(3) of this section or any other2310
section of the Revised Code, and consecutively to any other prison2311
term or mandatory prison term previously or subsequently imposed2312
upon the offender.2313

       (2) If an offender who is an inmate in a jail, prison, or2314
other residential detention facility violates section 2917.02,2315
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender2316
who is under detention at a detention facility commits a felony2317
violation of section 2923.131 of the Revised Code, or if an2318
offender who is an inmate in a jail, prison, or other residential2319
detention facility or is under detention at a detention facility2320
commits another felony while the offender is an escapee in2321
violation of section 2921.34 of the Revised Code, any prison term2322
imposed upon the offender for one of those violations shall be2323
served by the offender consecutively to the prison term or term of2324
imprisonment the offender was serving when the offender committed2325
that offense and to any other prison term previously or2326
subsequently imposed upon the offender.2327

       (3) If a prison term is imposed for a violation of division2328
(B) of section 2911.01 of the Revised Code, a violation of 2329
division (A) of section 2913.02 of the Revised Code in which the 2330
stolen property is a firearm or dangerous ordnance, or a felony 2331
violation of division (B) of section 2921.331 of the Revised Code, 2332
the offender shall serve that prison term consecutively to any2333
other prison term or mandatory prison term previously or 2334
subsequently imposed upon the offender.2335

       (4) If multiple prison terms are imposed on an offender for2336
convictions of multiple offenses, the court may require the2337
offender to serve the prison terms consecutively if the court2338
finds that the consecutive service is necessary to protect the2339
public from future crime or to punish the offender and that2340
consecutive sentences are not disproportionate to the seriousness2341
of the offender's conduct and to the danger the offender poses to2342
the public, and if the court also finds any of the following:2343

       (a) The offender committed one or more of the multiple2344
offenses while the offender was awaiting trial or sentencing, was2345
under a sanction imposed pursuant to section 2929.16, 2929.17, or2346
2929.18 of the Revised Code, or was under post-release control for2347
a prior offense.2348

       (b) At least two of the multiple offenses were committed as2349
part of one or more courses of conduct, and the harm caused by two2350
or more of the multiple offenses so committed was so great or2351
unusual that no single prison term for any of the offenses2352
committed as part of any of the courses of conduct adequately2353
reflects the seriousness of the offender's conduct.2354

       (c) The offender's history of criminal conduct demonstrates2355
that consecutive sentences are necessary to protect the public2356
from future crime by the offender.2357

       (5) If a mandatory prison term is imposed upon an offender2358
pursuant to division (D)(5) or (6) of this section, the offender2359
shall serve the mandatory prison term consecutively to and prior2360
to any prison term imposed for the underlying violation of2361
division (A)(1) or (2) of section 2903.06 of the Revised Code2362
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

       (6) When consecutive prison terms are imposed pursuant to2376
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2) 2377
of this section, the term to be served is the aggregate of all of 2378
the terms so imposed.2379

       (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 is2405
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

       (G) The court shall impose sentence upon the offender in 2411
accordance with section 2971.03 of the Revised Code, and Chapter 2412
2971. of the Revised Code applies regarding the prison term or 2413
term of life imprisonment without parole imposed upon the offender 2414
and the service of that term of imprisonment if any of the 2415
following apply:2416

       (1) A person is convicted of or pleads guilty to a violent 2417
sex offense or a designated homicide, assault, or kidnapping 2418
offense, and, in relation to that offense, the offender is 2419
adjudicated a sexually violent predator.2420

       (2) A person is convicted of or pleads guilty to a violation 2421
of division (A)(1)(b) of section 2907.02 of the Revised Code 2422
committed on or after January 2, 2007, and either the court does 2423
not impose a sentence of life without parole when authorized 2424
pursuant to division (B) of section 2907.02 of the Revised Code, 2425
or division (B) of section 2907.02 of the Revised Code provides 2426
that the court shall not sentence the offender pursuant to 2427
section 2971.03 of the Revised Code.2428

       (3) A person is convicted of or pleads guilty to attempted 2429
rape committed on or after January 2, 2007, and a specification 2430
of the type described in section 2941.1418, 2941.1419, or 2431
2941.1420 of the Revised Code.2432

       (4) A person is convicted of or pleads guilty to a violation 2433
of section 2905.01 of the Revised Code committed on or after 2434
January 1, 2008, and that section requires the court to sentence 2435
the offender pursuant to section 2971.03 of the Revised Code.2436

        (5) A person is convicted of or pleads guilty to aggravated 2437
murder committed on or after January 1, 2008, and division 2438
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 2439
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or 2440
(E)(1)(d) of section 2929.03, or division (A) or (B) of section 2441
2929.06 of the Revised Code requires the court to sentence the 2442
offender pursuant to division (B)(3) of section 2971.03 of the 2443
Revised Code.2444

        (6) A person is convicted of or pleads guilty to murder 2445
committed on or after January 1, 2008, and division (B)(2) of 2446
section 2929.02 of the Revised Code requires the court to 2447
sentence the offender pursuant to section 2971.03 of the Revised 2448
Code.2449

       (H) If a person who has been convicted of or pleaded guilty2450
to a felony is sentenced to a prison term or term of imprisonment2451
under this section, sections 2929.02 to 2929.06 of the Revised2452
Code, section 2929.142 of the Revised Code, section 2971.03 of the2453
Revised Code, or any other provision of law, section 5120.163 of 2454
the Revised Code applies regarding the person while the person is 2455
confined in a state correctional institution.2456

       (I) If an offender who is convicted of or pleads guilty to a2457
felony that is an offense of violence also is convicted of or2458
pleads guilty to a specification of the type described in section2459
2941.142 of the Revised Code that charges the offender with having2460
committed the felony while participating in a criminal gang, the2461
court shall impose upon the offender an additional prison term of2462
one, two, or three years.2463

       (J)(1) If an offender who is convicted of or pleads guilty to2464
aggravated murder, murder, or a felony of the first, second, or2465
third degree that is an offense of violence also is convicted of2466
or pleads guilty to a specification of the type described in2467
section 2941.143 of the Revised Code that charges the offender2468
with having committed the offense in a school safety zone or2469
towards a person in a school safety zone, the court shall impose2470
upon the offender an additional prison term of two years. The2471
offender shall serve the additional two years consecutively to and2472
prior to the prison term imposed for the underlying offense.2473

       (2)(a) If an offender is convicted of or pleads guilty to a 2474
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 2475
of the Revised Code and to a specification of the type described 2476
in section 2941.1421 of the Revised Code and if the court imposes 2477
a prison term on the offender for the felony violation, the court 2478
may impose upon the offender an additional prison term as follows:2479

       (i) Subject to division (J)(2)(a)(ii) of this section, an 2480
additional prison term of one, two, three, four, five, or six 2481
months;2482

       (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 the2513
offender for placement in a program of shock incarceration under2514
section 5120.031 of the Revised Code or for placement in an2515
intensive program prison under section 5120.032 of the Revised2516
Code, disapprove placement of the offender in a program of shock2517
incarceration or an intensive program prison of that nature, or2518
make no recommendation on placement of the offender. In no case2519
shall the department of rehabilitation and correction place the2520
offender in a program or prison of that nature unless the2521
department determines as specified in section 5120.031 or 5120.0322522
of the Revised Code, whichever is applicable, that the offender is2523
eligible for the placement.2524

       If the court disapproves placement of the offender in a2525
program or prison of that nature, the department of rehabilitation2526
and correction shall not place the offender in any program of2527
shock incarceration or intensive program prison.2528

       If the court recommends placement of the offender in a2529
program of shock incarceration or in an intensive program prison, 2530
and if the offender is subsequently placed in the recommended2531
program or prison, the department shall notify the court of the2532
placement and shall include with the notice a brief description of2533
the placement.2534

       If the court recommends placement of the offender in a2535
program of shock incarceration or in an intensive program prison2536
and the department does not subsequently place the offender in the2537
recommended program or prison, the department shall send a notice2538
to the court indicating why the offender was not placed in the2539
recommended program or prison.2540

       If the court does not make a recommendation under this2541
division with respect to an offender and if the department2542
determines as specified in section 5120.031 or 5120.032 of the2543
Revised Code, whichever is applicable, that the offender is2544
eligible for placement in a program or prison of that nature, the2545
department shall screen the offender and determine if there is an2546
available program of shock incarceration or an intensive program2547
prison for which the offender is suited. If there is an available2548
program of shock incarceration or an intensive program prison for2549
which the offender is suited, the department shall notify the2550
court of the proposed placement of the offender as specified in2551
section 5120.031 or 5120.032 of the Revised Code and shall include2552
with the notice a brief description of the placement. The court2553
shall have ten days from receipt of the notice to disapprove the2554
placement.2555

       (L) If a person is convicted of or pleads guilty to 2556
aggravated vehicular homicide in violation of division (A)(1) of 2557
section 2903.06 of the Revised Code and division (B)(2)(c) of that 2558
section applies, the person shall be sentenced pursuant to section 2559
2929.142 of the Revised Code.2560

       Sec. 2929.141. (A) As used in this section, "person on2561
release" means a "releasee" or "parolee," both as defined in2562
section 2967.01 of the Revised Code.2563

       (B) A person on release who by committing a felony violates2564
any condition of parole, any post-release control sanction, or2565
any conditions described in division (A) of section 2967.131 of2566
the Revised Code that are imposed upon the person may be2567
prosecuted for the new felony. Upon the person's conviction of or2568
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 the2574
sentencing court or another court of this state imposed the2575
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 the2582
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, aA2587
prison term imposed for the violation shall be served2588
consecutively to any prison term imposed for the new felony. If2589
the person is a releasee, The imposition of a prison term imposed2590
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 imposed2593
for the earlier felony.2594

       (2) Impose a sanction under sections 2929.15 to 2929.18 of2595
the Revised Code for the violation that shall be served2596
concurrently or consecutively, as specified by the court, with any2597
community control sanctions for the new felony.2598

       Sec. 2929.15.  (A)(1) If in sentencing an offender for a2599
felony the court is not required to impose a prison term, a2600
mandatory prison term, or a term of life imprisonment upon the2601
offender, the court may directly impose a sentence that consists2602
of one or more community control sanctions authorized pursuant to2603
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the2604
court is sentencing an offender for a fourth degree felony OVI2605
offense under division (G)(1) of section 2929.13 of the Revised2606
Code, in addition to the mandatory term of local incarceration2607
imposed under that division and the mandatory fine required by2608
division (B)(3) of section 2929.18 of the Revised Code, the court2609
may impose upon the offender a community control sanction or2610
combination of community control sanctions in accordance with2611
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 the2624
court in which the offender resides without obtaining permission2625
from the court or the offender's probation officer to leave the2626
jurisdiction of the court, or if the offender is confined in any2627
institution for the commission of any offense while under a2628
community control sanction, the period of the community control2629
sanction ceases to run until the offender is brought before the2630
court for its further action. If the court sentences the offender2631
to one or more nonresidential sanctions under section 2929.17 of2632
the Revised Code, the court shall impose as a condition of the2633
nonresidential sanctions that, during the period of the sanctions,2634
the offender must abide by the law and must not leave the state2635
without the permission of the court or the offender's probation2636
officer. The court may impose any other conditions of release2637
under a community control sanction that the court considers2638
appropriate, including, but not limited to, requiring that the2639
offender not ingest or be injected with a drug of abuse and submit2640
to random drug testing as provided in division (D) of this section2641
to determine whether the offender ingested or was injected with a2642
drug of abuse and requiring that the results of the drug test2643
indicate that the offender did not ingest or was not injected with2644
a drug of abuse.2645

       (2)(a) If a court sentences an offender to any community2646
control sanction or combination of community control sanctions2647
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the2648
Revised Code, the court shall place the offender under the general2649
control and supervision of a department of probation in the county2650
that serves the court for purposes of reporting to the court a2651
violation of any condition of the sanctions, any condition of2652
release under a community control sanction imposed by the court, a2653
violation of law, or the departure of the offender from this state2654
without the permission of the court or the offender's probation2655
officer. Alternatively, if the offender resides in another county2656
and a county department of probation has been established in that2657
county or that county is served by a multicounty probation2658
department established under section 2301.27 of the Revised Code,2659
the court may request the court of common pleas of that county to2660
receive the offender into the general control and supervision of2661
that county or multicounty department of probation for purposes of2662
reporting to the court a violation of any condition of the2663
sanctions, any condition of release under a community control2664
sanction imposed by the court, a violation of law, or the2665
departure of the offender from this state without the permission2666
of the court or the offender's probation officer, subject to the2667
jurisdiction of the trial judge over and with respect to the2668
person of the offender, and to the rules governing that department2669
of probation.2670

       If there is no department of probation in the county that2671
serves the court, the court shall place the offender, regardless2672
of the offender's county of residence, under the general control2673
and supervision of the adult parole authority for purposes of2674
reporting to the court a violation of any of the sanctions, any2675
condition of release under a community control sanction imposed by2676
the court, a violation of law, or the departure of the offender2677
from this state without the permission of the court or the2678
offender's probation officer.2679

       (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 or2687
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 or2698
activity that comprises the sanction reports the violation or2699
departure to the county or multicounty department of probation or2700
the adult parole authority, the department's or authority's2701
officers may treat the offender as if the offender were on2702
probation and in violation of the probation, and shall report the2703
violation of the condition of the sanction, any condition of2704
release under a community control sanction imposed by the court,2705
the violation of law, or the departure from the state without the2706
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 are2731
violated or if the offender violates a law or leaves the state2732
without the permission of the court or the offender's probation2733
officer, the sentencing court may impose a longer time under the2734
same sanction if the total time under the sanctions does not2735
exceed the five-year limit specified in division (A) of this2736
section, may impose a more restrictive sanction under section2737
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a2738
prison term on the offender pursuant to section 2929.14 of the2739
Revised Code. The prison term, if any, imposed upon a violator2740
pursuant to this division shall be within the range of prison2741
terms available for the offense for which the sanction that was2742
violated was imposed and shall not exceed the prison term2743
specified in the notice provided to the offender at the sentencing2744
hearing pursuant to division (B)(3) of section 2929.19 of the2745
Revised Code. The court may reduce the longer period of time that2746
the offender is required to spend under the longer sanction, the2747
more restrictive sanction, or a prison term imposed pursuant to2748
this division by the time the offender successfully spent under2749
the sanction that was initially imposed.2750

       (C) If an offender, for a significant period of time,2751
fulfills the conditions of a sanction imposed pursuant to section2752
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary2753
manner, the court may reduce the period of time under the sanction2754
or impose a less restrictive sanction, but the court shall not2755
permit the offender to violate any law or permit the offender to2756
leave the state without the permission of the court or the2757
offender's probation officer.2758

       (D)(1) If a court under division (A)(1) of this section2759
imposes a condition of release under a community control sanction2760
that requires the offender to submit to random drug testing, the2761
department of probation or the adult parole authority that has2762
general control and supervision of the offender under division2763
(A)(2)(a) of this section may cause the offender to submit to2764
random drug testing performed by a laboratory or entity that has2765
entered into a contract with any of the governmental entities or2766
officers authorized to enter into a contract with that laboratory2767
or entity under section 341.26, 753.33, or 5120.63 of the Revised2768
Code.2769

       (2) If no laboratory or entity described in division (D)(1)2770
of this section has entered into a contract as specified in that2771
division, the department of probation or the adult parole2772
authority that has general control and supervision of the offender2773
under division (A)(2)(a) of this section shall cause the offender2774
to submit to random drug testing performed by a reputable public2775
laboratory to determine whether the individual who is the subject2776
of the drug test ingested or was injected with a drug of abuse.2777

       (3) A laboratory or entity that has entered into a contract2778
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code2779
shall perform the random drug tests under division (D)(1) of this2780
section in accordance with the applicable standards that are2781
included in the terms of that contract. A public laboratory shall2782
perform the random drug tests under division (D)(2) of this2783
section in accordance with the standards set forth in the policies2784
and procedures established by the department of rehabilitation and2785
correction pursuant to section 5120.63 of the Revised Code. An2786
offender who is required under division (A)(1) of this section to2787
submit to random drug testing as a condition of release under a2788
community control sanction and whose test results indicate that2789
the offender ingested or was injected with a drug of abuse shall2790
pay the fee for the drug test if the department of probation or2791
the adult parole authority that has general control and2792
supervision of the offender requires payment of a fee. A2793
laboratory or entity that performs the random drug testing on an2794
offender under division (D)(1) or (2) of this section shall2795
transmit the results of the drug test to the appropriate2796
department of probation or the adult parole authority that has2797
general control and supervision of the offender under division2798
(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 OVI2810
offense under division (G)(1) or (2) of section 2929.13 of the2811
Revised Code or for a third degree felony OVI offense under 2812
division (G)(2) of that section may impose upon the offender, in2813
addition to the mandatory term of local incarceration or mandatory 2814
prison term imposed under the applicable division, a2815
nonresidential sanction or combination of nonresidential sanctions2816
under this section, and the offender shall serve or satisfy the2817
sanction or combination of sanctions after the offender has served2818
the mandatory term of local incarceration or mandatory prison term2819
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

       (A) A term of day reporting;2825

       (B) A term of house arrest with electronic monitoring or 2826
continuous alcohol monitoring or both electronic monitoring and 2827
continuous alcohol monitoring, a term of electronic monitoring or 2828
continuous alcohol monitoring without house arrest, or a term of2829
house arrest without electronic monitoring or continuous alcohol 2830
monitoring;2831

       (C) A term of community service of up to five hundred hours2832
pursuant to division (B) of section 2951.02 of the Revised Code2833
or, if the court determines that the offender is financially2834
incapable of fulfilling a financial sanction described in section2835
2929.18 of the Revised Code, a term of community service as an2836
alternative to a financial sanction;2837

       (D) A term in a drug treatment program with a level of2838
security for the offender as determined necessary by the court;2839

       (E) A term of intensive probation supervision;2840

       (F) A term of basic probation supervision;2841

       (G) A term of monitored time;2842

       (H) A term of drug and alcohol use monitoring, including2843
random drug testing;2844

       (I) A curfew term;2845

       (J) A requirement that the offender obtain employment;2846

       (K) A requirement that the offender obtain education or2847
training;2848

       (L) Provided the court obtains the prior approval of the2849
victim, a requirement that the offender participate in2850
victim-offender mediation;2851

       (M) A license violation report;2852

       (N) If the offense is a violation of section 2919.25 or a2853
violation of section 2903.11, 2903.12, or 2903.13 of the Revised2854
Code involving a person who was a family or household member at2855
the time of the violation, if the offender committed the offense2856
in the vicinity of one or more children who are not victims of the2857
offense, and if the offender or the victim of the offense is a2858
parent, guardian, custodian, or person in loco parentis of one or2859
more of those children, a requirement that the offender obtain2860
counseling. This division does not limit the court in requiring2861
the offender to obtain counseling for any offense or in any2862
circumstance not specified in this division.2863

       Sec. 2929.19.  (A) The court shall hold a sentencing hearing2864
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

       (B)(1) At the sentencing hearing, the court, before imposing2877
sentence, shall consider the record, any information presented at2878
the hearing by any person pursuant to division (A) of this2879
section, and, if one was prepared, the presentence investigation2880
report made pursuant to section 2951.03 of the Revised Code or2881
Criminal Rule 32.2, and any victim impact statement made pursuant2882
to section 2947.051 of the Revised Code.2883

       (2) The court shall impose a sentence and shall make a2884
finding that gives its reasons for selecting the sentence imposed2885
in any of the following circumstances:2886

       (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) If it does not impose a prison term for a felony of the2900
first or second degree or for a felony drug offense that is a2901
violation of a provision of Chapter 2925. of the Revised Code and2902
for which a presumption in favor of a prison term is specified as2903
being applicable, its reasons for not imposing the prison term and2904
for overriding the presumption, based upon the overriding purposes2905
and principles of felony sentencing set forth in section 2929.112906
of the Revised Code, and the basis of the findings it made under2907
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.2908

       (c) If it imposes consecutive sentences under section 2929.14 2909
of the Revised Code, its reasons for imposing the consecutive 2910
sentences;2911

       (d) If the sentence is for one offense and it imposes a2912
prison term for the offense that is the maximum prison term2913
allowed for that offense by division (A) of section 2929.14 of the2914
Revised Code or section 2929.142 of the Revised Code, its reasons 2915
for imposing the maximum prison term;2916

       (e) If the sentence is for two or more offenses arising out2917
of a single incident and it imposes a prison term for those2918
offenses that is the maximum prison term allowed for the offense2919
of the highest degree by division (A) of section 2929.14 of the2920
Revised Code or section 2929.142 of the Revised Code, its reasons 2921
for imposing the maximum prison term.2922

       (3) Subject to division (B)(4) of this section, if the2923
sentencing court determines at the sentencing hearing that a2924
prison term is necessary or required, the court shall do all of2925
the following:2926

       (a) Impose a stated prison term and, if the court imposes a 2927
mandatory prison term, notify the offender that the prison term is 2928
a mandatory prison term;2929

       (b) Notify the offender that, as part of the sentence, the2930
parole board may extend the stated prison term for certain2931
violations of prison rules for up to one-half of the stated prison2932
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 supervised2942
under section 2967.28 of the Revised Code after the offender2943
leaves prison if the offender is being sentenced for a felony of2944
the first degree or second degree, for a felony sex offense, or2945
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 supervised2965
under section 2967.28 of the Revised Code after the offender2966
leaves prison if the offender is being sentenced for a felony of2967
the third, fourth, or fifth degree that is not subject to division2968
(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 is2976
imposed following the offender's release from prison, as described2977
in division (B)(3)(c) or (d) of this section, and if the offender2978
violates that supervision or a condition of post-release control2979
imposed under division (B) of section 2967.131 of the Revised2980
Code, the parole board may impose a prison term, as part of the2981
sentence, of up to one-half of the stated prison term originally2982
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

       (f) Require that the offender not ingest or be injected with3002
a drug of abuse and submit to random drug testing as provided in3003
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever3004
is applicable to the offender who is serving a prison term, and3005
require that the results of the drug test administered under any3006
of those sections indicate that the offender did not ingest or was3007
not injected with a drug of abuse.3008

       (4)(a) The court shall include in the offender's sentence a 3009
statement that the offender is a tier III sex 3010
offender/child-victim offender, and the court shall comply with 3011
the requirements of section 2950.03 of the Revised Code if any of 3012
the following apply:3013

       (i) The offender is being sentenced for a violent sex 3014
offense or designated homicide, assault, or kidnapping offense3015
that the offender committed on or after January 1, 1997, and the 3016
offender is adjudicated a sexually violent predator in relation to 3017
that offense.3018

       (ii) The offender is being sentenced for a sexually oriented 3019
offense that the offender committed on or after January 1, 1997, 3020
and the offender is a tier III sex offender/child-victim 3021
offender relative to that offense.3022

       (iii) The offender is being sentenced on or after July 31, 3023
2003, for a child-victim oriented offense, and the offender is a 3024
tier III sex offender/child-victim offender relative to that 3025
offense.3026

       (iv) The offender is being sentenced under section 2971.03 of 3027
the Revised Code for a violation of division (A)(1)(b) of section 3028
2907.02 of the Revised Code committed on or after January 2, 2007.3029

       (v) The offender is sentenced to a term of life without 3030
parole under division (B) of section 2907.02 of the Revised Code.3031

       (vi) The offender is being sentenced for attempted rape 3032
committed on or after January 2, 2007, and a specification of the 3033
type described in section 2941.1418, 2941.1419, or 2941.1420 of 3034
the Revised Code.3035

       (vii) The offender is being sentenced under division 3036
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code 3037
for an offense described in those divisions committed on or after 3038
the effective date of this amendmentJanuary 1, 2008.3039

       (b) Additionally, if any criterion set forth in divisions 3040
(B)(4)(a)(i) to (vii) of this section is satisfied, in the 3041
circumstances described in division (G) of section 2929.14 of the 3042
Revised Code, the court shall impose sentence on the offender as 3043
described in that division.3044

       (5) If the sentencing court determines at the sentencing3045
hearing that a community control sanction should be imposed and3046
the court is not prohibited from imposing a community control3047
sanction, the court shall impose a community control sanction. The3048
court shall notify the offender that, if the conditions of the3049
sanction are violated, if the offender commits a violation of any3050
law, or if the offender leaves this state without the permission3051
of the court or the offender's probation officer, the court may3052
impose a longer time under the same sanction, may impose a more3053
restrictive sanction, or may impose a prison term on the offender3054
and shall indicate the specific prison term that may be imposed as3055
a sanction for the violation, as selected by the court from the3056
range of prison terms for the offense pursuant to section 2929.143057
of the Revised Code.3058

       (6) Before imposing a financial sanction under section3059
2929.18 of the Revised Code or a fine under section 2929.32 of the3060
Revised Code, the court shall consider the offender's present and3061
future ability to pay the amount of the sanction or fine.3062

       (7) If the sentencing court sentences the offender to a3063
sanction of confinement pursuant to section 2929.14 or 2929.16 of3064
the Revised Code that is to be served in a local detention3065
facility, as defined in section 2929.36 of the Revised Code, and3066
if the local detention facility is covered by a policy adopted3067
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 Code3069
and section 2929.37 of the Revised Code, both of the following3070
apply:3071

       (a) The court shall specify both of the following as part of3072
the sentence:3073

       (i) If the offender is presented with an itemized bill3074
pursuant to section 2929.37 of the Revised Code for payment of the3075
costs of confinement, the offender is required to pay the bill in3076
accordance with that section.3077

       (ii) If the offender does not dispute the bill described in3078
division (B)(7)(a)(i) of this section and does not pay the bill by3079
the times specified in section 2929.37 of the Revised Code, the3080
clerk of the court may issue a certificate of judgment against the3081
offender as described in that section.3082

       (b) The sentence automatically includes any certificate of3083
judgment issued as described in division (B)(7)(a)(ii) of this3084
section.3085

       (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 local3102
incarceration in accordance with that division, shall impose a 3103
mandatory fine in accordance with division (B)(3) of section3104
2929.18 of the Revised Code, and, in addition, may impose3105
additional sanctions as specified in sections 2929.15, 2929.16,3106
2929.17, and 2929.18 of the Revised Code. The court shall not3107
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 fourth3111
degree felony OVI offense under division (G)(2) of section 2929.133112
of the Revised Code, the court shall impose the mandatory prison3113
term in accordance with that division, shall impose a mandatory3114
fine in accordance with division (B)(3) of section 2929.18 of the3115
Revised Code, and, in addition, may impose an additional prison3116
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

       (D) The sentencing court, pursuant to division (K) of section3123
2929.14 of the Revised Code, may recommend placement of the3124
offender in a program of shock incarceration under section3125
5120.031 of the Revised Code or an intensive program prison under3126
section 5120.032 of the Revised Code, disapprove placement of the3127
offender in a program or prison of that nature, or make no3128
recommendation. If the court recommends or disapproves placement,3129
it shall make a finding that gives its reasons for its3130
recommendation or disapproval.3131

       Sec. 2929.20.  (A) As used in this section, "eligible 3132
offender" means any person serving a stated prison term of ten3133
years or less when either of the following applies:3134

       (1) The stated prison term does not include a mandatory3135
prison term. 3136

       (2) The stated prison term includes a mandatory prison term,3137
and the person has served the mandatory prison term. 3138

       (B) Upon the filing of a motion by the eligibleOn the motion 3139
of an eligible offender or upon its own motion, athe sentencing 3140
court may reduce the eligible offender's stated prison term 3141
through a judicial release in accordance withunder this section. 3142
The court shall not reduce the stated prison term of an offender 3143
who is not an eligible offender. An3144

       (C) An eligible offender may file a motion for judicial 3145
release with the sentencing court within the following 3146
applicable period of timeperiods:3147

       (1)(a) Except as otherwise provided in division (B)(1)(b) or3148
(c) of this section, ifIf the stated prison term was imposed for 3149
a felony of the fourth or fifth degreeis less than two years, the3150
eligible offender may file the motion not earlier than thirty days 3151
or later than ninety days after the offender is delivered to a 3152
state correctional institution or, if the prison term includes a 3153
mandatory prison term or terms, not earlier than thirty days after 3154
the expiration of all mandatory prison terms.3155

       (b) If the stated prison term is five years and is an3156
aggregate of stated prison terms that are being served3157
consecutively and that were imposed for any combination of3158
felonies of the fourth degree and felonies of the fifth degree,3159
the eligible offender may file the motion after the eligible3160
offender has served four years of the stated prison term.3161

       (c) If the stated prison term is more than five years and not 3162
more than ten years and is an aggregate of stated prison terms3163
that are being served consecutively and that were imposed for any3164
combination of felonies of the fourth degree and felonies of the3165
fifth degree, the eligible offender may file the motion after the3166
eligible offender has served five years of the stated prison term.3167

       (2) Except as otherwise provided in division (B)(3) or (4) of3168
this section, ifIf the stated prison term was imposed for a3169
felony of the first, second, or third degreeis at least two 3170
years but less than five years, the eligible offender may file 3171
the motion not earlier than one hundred eighty days after the 3172
offender is delivered to a state correctional institution or, if 3173
the prison term includes a mandatory prison term or terms, not 3174
earlier than one hundred eighty days after the expiration of all 3175
mandatory prison terms.3176

       (3) If the stated prison term is five years, the eligible3177
offender may file the motion after the eligible offender has3178
served four years of the stated prison term. 3179

       (4) If the stated prison term is more than five years andor 3180
more but not more than ten years, the eligible offender may file 3181
the motion not earlier than five years after the eligible offender3182
has served five years of the stated prison termis delivered to a 3183
state correctional institution or, if the prison term includes a 3184
mandatory prison term or terms, not earlier than five years after 3185
the expiration of all mandatory prison terms.3186

       (5) If the offender's stated prison term includes a mandatory 3187
prison term, the offender shall file the motion within the time 3188
authorized under division (B)(1), (2), (3), or (4) of this section 3189
for the nonmandatory portion of the prison term, but the time for 3190
filing the motion does not begin to run until after the expiration 3191
of the mandatory portion of the prison term.3192

       (C)(D) Upon receipt of a timely motion for judicial release3193
filed by an eligible offender under division (B)(C) of this 3194
section or upon the sentencing court's own motion made within the3195
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 subsequent3200
judicial release for that eligible offender on its own motion or a3201
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

       A hearing under this section shall be conducted in open court3208
within sixty days after the date on which the motion is filed,3209
provided that the court may delay the hearing for a period not to3210
exceed one hundred eighty additional days. If the court holds a3211
hearing on the motion, the court shall enter a ruling on the3212
motion within ten days after the hearing. If the court denies the3213
motion without a hearing, the court shall enter its ruling on the3214
motion within sixty days after the motion is filed.3215

       (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 correctional3218
institution in which the eligible offender is confined of the3219
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 the3228
prosecuting attorney of the county in which the eligible offender3229
was indicted. Upon receipt of the notice from the court, the3230
prosecuting attorney shall notify the victim of the offense for3231
which the stated prison term was imposed or the victim's3232
representative, pursuant to section 2930.16 of the Revised Code, 3233
of the hearing.3234

       (E)(F) Upon an offender's successful completion of 3235
rehabilitative activities, the head of the state correctional 3236
institution may notify the sentencing court of the successful 3237
completion of the activities.3238

       (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

       (F)(H) If the court grants a hearing on a motion for judicial3249
release under this section, the eligible offender shall attend the3250
hearing if ordered to do so by the court. Upon receipt of a copy3251
of the journal entry containing the order, the head of the state3252
correctional institution in which the eligible offender is3253
incarcerated shall deliver the eligible offender to the sheriff of3254
the county in which the hearing is to be held. The sheriff shall3255
convey the eligible offender to the hearing and return the3256
offender to the institution afterfrom the hearing.3257

       (G)(I) At the hearing on a motion for judicial release under3258
this section, the court shall afford the eligible offender and the3259
eligible offender's attorney an opportunity to present written3260
and, if present, oral information relevant to the motion and shall 3261
afford the eligible offender, if present, and the eligible3262
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 section3269
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 and3276
2930.16 of the Revised Code.3277

       (H)(J)(1) A court shall not grant a judicial release under 3278
this section to an eligible offender who is imprisoned for a 3279
felony of the first or second degree, or to an eligible offender 3280
who committed an offense contained inunder Chapter 2925. or 3719. 3281
of the Revised Code and for whom there was a presumption under 3282
section 2929.13 of the Revised Code in favor of a prison term, 3283
unless the court, with reference to factors under section 2929.12 3284
of the Revised Code, finds both of the following:3285

       (a) That a sanction other than a prison term would adequately 3286
punish the offender and protect the public from future criminal3287
violations by the eligible offender because the applicable factors3288
indicating a lesser likelihood of recidivism outweigh the3289
applicable factors indicating a greater likelihood of recidivism;3290

       (b) That a sanction other than a prison term would not demean 3291
the seriousness of the offense because factors indicating that the 3292
eligible offender's conduct in committing the offense was less 3293
serious than conduct normally constituting the offense outweigh 3294
factors indicating that the eligible offender's conduct was more 3295
serious than conduct normally constituting the offense.3296

       (2) A court that grants a judicial release to an eligible3297
offender under division (H)(J)(1) of this section shall specify on3298
the record both findings required in that division and also shall3299
list all the factors described in that division that were3300
presented at the hearing.3301

       (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 appropriate3305
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 community3313
control sanction shall be no longer than five years. The court, in 3314
its discretion, may reduce the period of the community control3315
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

       Prior to being released pursuant to a judicial release3322
granted under this section, the eligible offender shall serve any3323
extension of sentence that was imposed under section 2967.11 of3324
the Revised Code.3325

       If the court grants a motion for judicial release, the court 3326
shall notify the appropriate person at the department of 3327
rehabilitation and correction of the judicial release, and the 3328
department shall post notice of the release on the database it 3329
maintains pursuant to section 5120.66 of the Revised Code.3330

       (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 establish3342
pre-trial diversion programs for adults who are accused of3343
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

       (1) Repeat offenders or dangerous offenders;3353

       (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 prosecuting3361
attorney may permit persons accused of any such offense to enter a3362
pre-trial diversion program, if the prosecuting attorney finds any 3363
of the following:3364

       (a) The accused did not cause, threaten, or intend serious3365
physical harm to any person;3366

       (b) The offense was the result of circumstances not likely to 3367
recur;3368

       (c) The accused has no history of prior delinquency or3369
criminal activity;3370

       (d) The accused has led a law-abiding life for a substantial 3371
time before commission of the alleged offense;3372

       (e) Substantial grounds tending to excuse or justify the3373
alleged offense.3374

       (3) Persons accused of a violation of Chapter 2925. or 3719. 3375
of the Revised Code;3376

       (4) Drug dependent persons or persons in danger of becoming 3377
drug dependent persons, as defined in section 3719.011 of the 3378
Revised Code. However, this division does not affect the3379
eligibility of such persons for intervention in lieu of conviction3380
pursuant to section 2951.041 of the Revised Code.3381

       (5) Persons accused of a violation of section 4511.19 of the 3382
Revised Code or a violation of any substantially similar municipal 3383
ordinance.3384

       (B) An accused who enters a diversion program shall do all of 3385
the following:3386

       (1) Waive, in writing and contingent upon the accused's3387
successful completion of the program, the accused's right to a 3388
speedy trial, the preliminary hearing, the time period within 3389
which the grand jury may consider an indictment against the 3390
accused, and arraignment, unless the hearing, indictment, or 3391
arraignment has already occurred;3392

       (2) Agree, in writing, to the tolling while in the program of 3393
all periods of limitation established by statutes or rules of3394
court, that are applicable to the offense with which the accused 3395
is charged and to the conditions of the diversion program3396
established by the prosecuting attorney;3397

       (3) Agree, in writing, to pay any reasonable fee for 3398
supervision services established by the prosecuting attorney.3399

       (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-trial3408
diversion program. The victim of the crime and the arresting3409
officers shall have the opportunity to file written objections3410
with the prosecuting attorney prior to the commencement of the3411
pre-trial diversion program.3412

       (D) If the accused satisfactorily completes the diversion3413
program, the prosecuting attorney shall recommend to the trial3414
court that the charges against the accused be dismissed, and the3415
court, upon the recommendation of the prosecuting attorney, shall3416
dismiss the charges. If the accused chooses not to enter the3417
prosecuting attorney's diversion program, or if the accused3418
violates the conditions of the agreement pursuant to which the3419
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

       (E) As used in this section:3425

       (1) "Repeat offender" means a person who has a history of 3426
persistent criminal activity and whose character and condition 3427
reveal a substantial risk that the person will commit another 3428
offense. It is prima-facie evidence that a person is a repeat 3429
offender if any of the following applies:3430

       (a) Having been convicted of one or more offenses of violence 3431
and having been imprisoned pursuant to sentence for any such 3432
offense, the person commits a subsequent offense of violence;3433

       (b) Having been convicted of one or more sexually oriented3434
offenses or child-victim oriented offenses, both as defined in 3435
section 2950.01 of the Revised Code, and having been imprisoned 3436
pursuant to sentence for one or more of those offenses, the person 3437
commits a subsequent sexually oriented offense or child-victim 3438
oriented offense;3439

       (c) Having been convicted of one or more theft offenses as 3440
defined in section 2913.01 of the Revised Code and having been3441
imprisoned pursuant to sentence for one or more of those theft 3442
offenses, the person commits a subsequent theft offense;3443

       (d) Having been convicted of one or more felony drug abuse3444
offenses as defined in section 2925.01 of the Revised Code and 3445
having been imprisoned pursuant to sentence for one or more of 3446
those felony drug abuse offenses, the person commits a subsequent 3447
felony drug abuse offense;3448

       (e) Having been convicted of two or more felonies and having 3449
been imprisoned pursuant to sentence for one or more felonies, the3450
person commits a subsequent offense;3451

       (f) Having been convicted of three or more offenses of any 3452
type or degree other than traffic offenses, alcoholic intoxication 3453
offenses, or minor misdemeanors and having been imprisoned 3454
pursuant to sentence for any such offense, the person commits a 3455
subsequent offense.3456

       (2) "Dangerous offender" means a person who has committed an 3457
offense, whose history, character, and condition reveal a 3458
substantial risk that the person will be a danger to others, and 3459
whose conduct has been characterized by a pattern of repetitive, 3460
compulsive, or aggressive behavior with heedless indifference to3461
the consequences.3462

       Sec. 2943.032.  Prior to accepting a guilty plea or a plea of 3463
no contest to an indictment, information, or complaint that 3464
charges a felony, the court shall inform the defendant personally 3465
that, if the defendant pleads guilty or no contest to the felony 3466
so charged or any other felony and, if the court imposes a prison 3467
term upon the defendant for the felony, all of the following 3468
apply:3469

       (A) The parole board may extend the stated prison term if the3470
defendant commits any criminal offense under the law of this state 3471
or the United States while serving the prison term.3472

       (B) Any such extension will be done administratively as part 3473
of the defendant's sentence in accordance with section 2967.11 of 3474
the Revised Code and may be for thirty, sixty, or ninety days for 3475
each violation.3476

       (C) All such extensions of the stated prison term for all3477
violations during the course of the term may not exceed one-half 3478
of the term's duration.3479

       (D) The sentence imposed for the felony automatically 3480
includes any such extension of the stated prison term by the 3481
parole board.3482

       (E) Ifand if the offender violates the conditions of a 3483
post-release control sanction imposed by the parole board upon the 3484
completion of the stated prison term, the parole board may impose 3485
upon the offender a residential sanction that includes a new 3486
prison term of up to nine months.3487

       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 a3514
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 or3519
designated to be housed in a county, multicounty, municipal,3520
municipal-county, or multicounty-municipal jail or workhouse, if3521
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 not3530
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 more3542
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 over3549
the offender or to the clerk of the court for which the3550
supervision agency is established. If the court requires an3551
offender to pay a monthly probation fee and the offender will be3552
under the control of the adult parole authority, the court shall3553
specify that the offender is to pay the fee to the clerk of the3554
court of common pleas.3555

       (2) No person shall be assessed, in any month, more than3556
fifty dollars in supervision fees.3557

       (3) The prosecuting attorney of the county or the chief legal 3558
officer of a municipal corporation in which is located the court 3559
that imposed sentence upon an offender may bring a civil action to 3560
recover unpaid monthly supervision fees that the offender was 3561
required to pay. Any amount recovered in the civil action shall be 3562
paid into the appropriate county or municipal probation services 3563
fund in accordance with division (B) of this section.3564

       (4) The failure of an offender to comply with a condition of 3565
community control that requires the offender to pay a monthly3566
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 2929.153569
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 sanction3571
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 under3574
division (A)(1) of this section and that no other factors3575
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 additional3578
conditions of community control upon the offender, including a3579
requirement that the offender perform community service, as the3580
ends of justice require. Any requirement imposed pursuant to3581
division (A)(4) of this section that the offender perform3582
community service shall be in addition to and shall not limit or3583
otherwise affect any order that the offender perform community3584
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 pay3588
a monthly supervision fee under this section shall pay the fee to 3589
the probation agency that has control and supervision over the3590
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 offender3593
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 the3598
agency or clerk.3599

       (C) Subject to division (E) of this section, all monthly3600
supervision fees collected under this section by a probation3601
agency or the clerk of a court shall be disposed of in the 3602
following manner:3603

       (1) For offenders who are under the control and supervision3604
of a county department of probation or a municipal court3605
department of probation in a county-operated municipal court, on3606
or before the fifth business day of each month, the chief3607
probation officer, the chief probation officer's designee, or the3608
clerk of the court shall pay all monthly supervision fees3609
collected in the previous month to the county treasurer of the3610
county in which the county department of probation or municipal3611
court department of probation is established for deposit into the3612
county probation services fund established in the county treasury3613
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 supervision3616
of a multicounty department of probation, on or before the fifth3617
business day of each month, the chief probation officer, the chief3618
probation officer's designee, or the clerk of the court shall pay3619
all monthly supervision fees collected in the previous month to3620
the county treasurer of the county in which is located the court3621
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

       (3) For offenders who are under the control and supervision3630
of a municipal court department of probation in a municipal court3631
that is not a county-operated municipal court, on or before the3632
fifth business day of each month, the chief probation officer, the3633
chief probation officer's designee, or the clerk of the court3634
shall pay all monthly supervision fees collected in the previous3635
month to the treasurer of the municipal corporation for deposit3636
into the municipal probation services fund established pursuant to3637
section 737.41 of the Revised Code.3638

       (4) For offenders who are under the control and supervision3639
of the adult parole authority, the clerk of the court of common3640
pleas, on or before the fifth business day of January, April,3641
July, and October, shall pay all monthly supervision fees3642
collected by the clerk in the previous three months to the3643
treasurer of the county in which is located the court of common3644
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 Code3656
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, or3659
the adult parole authority probation services fund, whichever is3660
applicable. The report shall specify the amount appropriated from3661
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

       (1) If the probation agency is a county department of3671
probation or a municipal court department of probation in a3672
county-operated municipal court, with the board of county3673
commissioners of that county;3674

       (2) If the probation agency is a multicounty department of3675
probation, with the board of county commissioners of the county3676
whose treasurer, in accordance with section 2301.27 of the Revised3677
Code, is designated as the treasurer to whom supervision fees3678
collected under this section are to be appropriated and3679
transferred under division (A)(2) of section 321.44 of the Revised3680
Code;3681

       (3) If the probation agency is a department of probation of a 3682
municipal court that is not a county-operated municipal court,3683
with the legislative authority of the municipal corporation that3684
operates the court;3685

       (4) If the probation agency iscourt of common pleas has 3686
entered into an agreement with the adult parole authority, with 3687
the chairpersons of the finance committees of the senate and the3688
house of representatives, the directors of the office of budget3689
and management and the legislative service commission,director of 3690
rehabilitation and correction, the chief of the adult parole 3691
authority, and the board of county commissioners in each county 3692
for which the adult parole authority provides probation services.3693

       (E) If the clerk of a court of common pleas or the clerk of a 3694
municipal court collects any monthly supervision fees under this 3695
section, the clerk may retain up to two per cent of the fees so 3696
collected to cover any administrative costs experienced in3697
complying with the clerk's duties under this section.3698

       Sec. 2951.041.  (A)(1) If an offender is charged with a3699
criminal offense and the court has reason to believe that drug or3700
alcohol usage by the offender was a factor leading to the3701
offender's criminal behavior, the court may accept, prior to the3702
entry of a guilty plea, the offender's request for intervention in3703
lieu of conviction. The request shall include a waiver of the3704
defendant's right to a speedy trial, the preliminary hearing, the3705
time period within which the grand jury may consider an indictment3706
against the offender, and arraignment, unless the hearing,3707
indictment, or arraignment has already occurred. The court may3708
reject an offender's request without a hearing. If the court3709
elects to consider an offender's request, the court shall conduct3710
a hearing to determine whether the offender is eligible under this3711
section for intervention in lieu of conviction and shall stay all3712
criminal proceedings pending the outcome of the hearing. If the3713
court schedules a hearing, the court shall order an assessment of3714
the offender for the purpose of determining the offender's3715
eligibility for intervention in lieu of conviction and3716
recommending an appropriate intervention plan.3717

       (2) The victim notification provisions of division (C) of3718
section 2930.08 of the Revised Code apply in relation to any3719
hearing held under division (A)(1) of this section.3720

       (B) An offender is eligible for intervention in lieu of3721
conviction if the court finds all of the following:3722

       (1) The offender previously has not been convicted of or3723
pleaded guilty to a felony, previously has not been through3724
intervention in lieu of conviction under this section or any3725
similar regimen, and is charged with a felony for which the3726
court, upon conviction, would impose sentence under division3727
(B)(2)(b) of section 2929.13 of the Revised Code or with a3728
misdemeanor.3729

       (2) The offense is not a felony of the first, second, or3730
third degree, is not an offense of violence, is not a violation of3731
division (A)(1) or (2) of section 2903.06 of the Revised Code, is3732
not a violation of division (A)(1) of section 2903.08 of the3733
Revised Code, is not a violation of division (A) of section3734
4511.19 of the Revised Code or a municipal ordinance that is3735
substantially similar to that division, and is not an offense for3736
which a sentencing court is required to impose a mandatory prison3737
term, a mandatory term of local incarceration, or a mandatory term3738
of imprisonment in a jail.3739

       (3) The offender is not charged with a violation of section3740
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is3741
not charged with a violation of section 2925.11 of the Revised3742
Code that is a felony of the first, second, or third degree.3743

       (4) The offender is not charged with a violation of section3744
2925.11 of the Revised Code that is a felony of the fourth degree,3745
or the offender is charged with a violation of that section that3746
is a felony of the fourth degree and the prosecutor in the case3747
has recommended that the offender be classified as being eligible3748
for intervention in lieu of conviction under this section.3749

       (5) The offender has been assessed by an appropriately3750
licensed provider, certified facility, or licensed and3751
credentialed professional, including, but not limited to, a3752
program licensed by the department of alcohol and drug addiction3753
services pursuant to section 3793.11 of the Revised Code, a3754
program certified by that department pursuant to section 3793.063755
of the Revised Code, a public or private hospital, the United3756
States department of veterans affairs, another appropriate agency3757
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 the3760
purpose of determining the offender's eligibility for intervention3761
in lieu of conviction and recommending an appropriate intervention3762
plan.3763

       (6) The offender's drug or alcohol usage was a factor leading 3764
to the criminal offense with which the offender is charged, 3765
intervention in lieu of conviction would not demean the3766
seriousness of the offense, and intervention would substantially3767
reduce the likelihood of any future criminal activity.3768

       (7) The alleged victim of the offense was not sixty-five3769
years of age or older, permanently and totally disabled, under3770
thirteen years of age, or a peace officer engaged in the officer's3771
official duties at the time of the alleged offense.3772

       (8) If the offender is charged with a violation of section3773
2925.24 of the Revised Code, the alleged violation did not result3774
in physical harm to any person, and the offender previously has3775
not been treated for drug abuse.3776

       (9) The offender is willing to comply with all terms and3777
conditions imposed by the court pursuant to division (D) of this3778
section.3779

       (C) At the conclusion of a hearing held pursuant to division3780
(A) of this section, the court shall enter its determination as to3781
whether the offender is eligible for intervention in lieu of3782
conviction and as to whether to grant the offender's request. If3783
the court finds under division (B) of this section that the3784
offender is eligible for intervention in lieu of conviction and3785
grants the offender's request, the court shall accept the3786
offender's plea of guilty and waiver of the defendant's right to a3787
speedy trial, the preliminary hearing, the time period within3788
which the grand jury may consider an indictment against the3789
offender, and arraignment, unless the hearing, indictment, or3790
arraignment has already occurred. In addition, the court then may3791
stay all criminal proceedings and order the offender to comply3792
with all terms and conditions imposed by the court pursuant to3793
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 for3799
intervention in lieu of conviction, the court shall place the3800
offender under the general control and supervision of the county3801
probation department, the adult parole authority, or another3802
appropriate local probation or court services agency, if one3803
exists, as if the offender was subject to a community control3804
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 the3815
court.3816

       (E) If the court grants an offender's request for3817
intervention in lieu of conviction and the court finds that the3818
offender has successfully completed the intervention plan for the3819
offender, including the requirement that the offender abstain from3820
using drugs and alcohol for a period of at least one year from the3821
date on which the court granted the order of intervention in lieu3822
of conviction and all other terms and conditions ordered by the3823
court, the court shall dismiss the proceedings against the3824
offender. Successful completion of the intervention plan and3825
period of abstinence under this section shall be without3826
adjudication of guilt and is not a criminal conviction for3827
purposes of any disqualification or disability imposed by law and3828
upon conviction of a crime, and the court may order the sealing of3829
records related to the offense in question in the manner provided3830
in sections 2953.31 to 2953.36 of the Revised Code.3831

       (F) If the court grants an offender's request for3832
intervention in lieu of conviction and the offender fails to3833
comply with any term or condition imposed as part of the3834
intervention plan for the offender, the supervising authority for3835
the offender promptly shall advise the court of this failure, and3836
the court shall hold a hearing to determine whether the offender3837
failed to comply with any term or condition imposed as part of the3838
plan. If the court determines that the offender has failed to3839
comply with any of those terms and conditions, it shall enter a3840
finding of guilty and shall impose an appropriate sanction under3841
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

       (G) As used in this section:3851

       (1) "Community control sanction" has the same meaning as in3852
section 2929.01 of the Revised Code.3853

       (2) "Intervention in lieu of conviction" means any3854
court-supervised activity that complies with this section.3855

       (3) "Peace officer" has the same meaning as in section3856
2935.01 of the Revised Code.3857

       Sec. 2953.08.  (A) In addition to any other right to appeal 3858
and except as provided in division (D) of this section, a 3859
defendant who is convicted of or pleads guilty to a felony may 3860
appeal as a matter of right the sentence imposed upon the 3861
defendant on one of the following grounds:3862

       (1) The sentence consisted of or included the maximum prison 3863
term allowed for the offense by division (A) of section 2929.14 or 3864
section 2929.142 of the Revised Code, the sentence was not imposed 3865
pursuant to division (D)(3)(b) of section 2929.14 of the Revised 3866
Code, the maximum prison term was not required for the offense 3867
pursuant to Chapter 2925. or any other provision of the Revised 3868
Code, and the court imposed the sentence under one of the 3869
following circumstances:3870

       (a) The sentence was imposed for only one offense.3871

       (b) The sentence was imposed for two or more offenses arising 3872
out of a single incident, and the court imposed the maximum prison 3873
term for the offense of the highest degree.3874

       (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 specified3881
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) of3893
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

       (4) The sentence is contrary to law.3904

       (5) The sentence consisted of an additional prison term of 3905
ten years imposed pursuant to division (D)(2)(a) of section3906
2929.14 of the Revised Code.3907

       (6) The sentence consisted of an additional prison term of3908
ten years imposed pursuant to division (D)(3)(b) of section 3909
2929.14 of the Revised Code.3910

       (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

       (1) The sentence did not include a prison term despite a 3920
presumption favoring a prison term for the offense for which it 3921
was imposed, as set forth in section 2929.13 or Chapter 2925. of 3922
the Revised Code.3923

       (2) The sentence is contrary to law.3924

       (3) The sentence is a modification under section 2929.20 of 3925
the Revised Code of a sentence that was imposed for a felony of 3926
the first or second degree.3927

       (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 the3933
consecutive sentences exceed the maximum prison term allowed by3934
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

       (2) A defendant may seek leave to appeal an additional 3940
sentence imposed upon the defendant pursuant to division (D)(2)(a) 3941
or (b) of section 2929.14 of the Revised Code if the additional 3942
sentence is for a definite prison term that is longer than five 3943
years.3944

       (D)(1) A sentence imposed upon a defendant is not subject to 3945
review under this section if the sentence is authorized by law, 3946
has been recommended jointly by the defendant and the prosecution 3947
in the case, and is imposed by a sentencing judge.3948

       (2) Except as provided in division (C)(2) of this section, a 3949
sentence imposed upon a defendant is not subject to review under 3950
this section if the sentence is imposed pursuant to division 3951
(D)(2)(b) of section 2929.14 of the Revised Code. Except as 3952
otherwise provided in this division, a defendant retains all 3953
rights to appeal as provided under this chapter or any other 3954
provision of the Revised Code. A defendant has the right to appeal 3955
under this chapter or any other provision of the Revised Code the 3956
court's application of division (D)(2)(c) of section 2929.14 of 3957
the Revised Code.3958

       (3) A sentence imposed for aggravated murder or murder3959
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not 3960
subject to review under this section.3961

       (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 of3965
Appellate Procedure, provided that if the appeal is pursuant to 3966
division (B)(3) of this section, the time limits specified in that3967
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

       (F) On the appeal of a sentence under this section, the 3974
record to be reviewed shall include all of the following, as 3975
applicable:3976

       (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 section3980
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 a3985
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

       (2) The trial record in the case in which the sentence was 3993
imposed;3994

       (3) Any oral or written statements made to or by the court at 3995
the sentencing hearing at which the sentence was imposed;3996

       (4) Any written findings that the court was required to make 3997
in connection with the modification of the sentence pursuant to a 3998
judicial release under division (H)(I) of section 2929.20 of the 3999
Revised Code.4000

       (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 this4007
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

       (2) The court hearing an appeal under division (A), (B), or 4011
(C) of this section shall review the record, including the 4012
findings underlying the sentence or modification given by the 4013
sentencing court.4014

       The appellate court may increase, reduce, or otherwise modify 4015
a sentence that is appealed under this section or may vacate the 4016
sentence and remand the matter to the sentencing court for 4017
resentencing. The appellate court's standard for review is not4018
whether the sentencing court abused its discretion. The appellate 4019
court may take any action authorized by this division if it 4020
clearly and convincingly finds either of the following:4021

       (a) That the record does not support the sentencing court's 4022
findings under division (B) or (D) of section 2929.13, division 4023
(D)(2)(e) or (E)(4) of section 2929.14, or division (H)(I) of4024
section 2929.20 of the Revised Code, whichever, if any, is4025
relevant;4026

       (b) That the sentence is otherwise contrary to law.4027

       (H) A judgment or final order of a court of appeals under 4028
this section may be appealed, by leave of court, to the supreme 4029
court.4030

       (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 state4044
public defender, one member shall be a prosecuting attorney4045
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 of4051
representatives, the chief justice of the supreme court, the Ohio 4052
prosecuting attorneys association, and the county commissioners4053
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 the4061
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 be4066
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 of4075
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

       The members of the committee shall serve without4103
compensation, but, if moneys have been appropriated to the 4104
judiciary budget administered by the supreme court specifically 4105
for the purpose of providing financial assistance to counties 4106
under division (I)(2) of this section, each member shall be 4107
reimbursed out of the moneys so appropriated that then are 4108
available for actual and necessary expenses incurred in the 4109
performance of official duties as a committee member.4110

       (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 division4113
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the4114
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 to4119
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. 2953.13.  When a defendant has been committed to a state 4137
correctional institution and the judgment, by virtue of which the 4138
commitment was made, is reversed on appeal, and the defendant is 4139
entitled to his discharge or a new trial, or when the case is 4140
remanded to the trial court for any reason, the clerk of the court 4141
reversing the judgment or remanding the case, under the seal4142
thereofof the court, shall forthwith certify saidthe reversal or 4143
remand to the warden of the state correctional institution.4144

       The warden, on receipt of the certificate, if a discharge of 4145
the defendant is ordered, shall forthwith discharge himthe 4146
defendant from the state correctional institution.4147

       If a new trial is ordered or the case is remanded, the warden 4148
shall forthwith cause the defendant to be conveyed to the jail of 4149
the county in which hethe defendant was convicted, and committed 4150
to the custody of the sheriff thereofof that county.4151

       Sec. 2967.03.  The adult parole authority may exercise its4152
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 and4155
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, their4164
mental and moral qualities and characteristics, their knowledge of 4165
a trade or profession, their former means of livelihood, their4166
family relationships, and any other matters affecting their4167
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 release4177
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's4182
case and that was sent to the authority pursuant to section4183
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's4190
representative, or the victim's spouse, parent, sibling, or child 4191
appears at a full board hearing of the parole board and gives4192
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

       The adult parole authority shall exercise its functions and 4211
duties in relation to the release of prisoners who are serving a 4212
stated prison term in accordance with section 2967.28 of the 4213
Revised Code.4214

       Sec. 2967.05. (A) As used in this section:4215

       (1) "Imminent danger of death" means that the inmate has a 4216
medically diagnosable condition that will cause death to occur 4217
within a short period of time.4218

       As used in division (A)(1) of this section, "within a short 4219
period of time" means generally within six months.4220

       (2)(a) "Medically incapacitated" means any diagnosable 4221
medical condition, including mental dementia and severe, permanent 4222
medical or cognitive disability, that prevents the inmate from 4223
completing activities of daily living without significant 4224
assistance, that incapacitates the inmate to the extent that 4225
institutional confinement does not offer additional restrictions, 4226
that is likely to continue throughout the entire period of parole, 4227
and that is unlikely to improve noticeably. 4228

       (b) "Medically incapacitated" does not include conditions 4229
related solely to mental illness unless the mental illness is 4230
accompanied by injury, disease, or organic defect.4231

       (3)(a) "Terminal illness" means a condition that satisfies 4232
all of the following criteria:4233

       (i) The condition is irreversible and incurable and is caused 4234
by disease, illness, or injury from which the inmate is unlikely 4235
to recover.4236

       (ii) In accordance with reasonable medical standards and a 4237
reasonable degree of medical certainty, the condition is likely to 4238
cause death to the inmate within twelve months.4239

       (iii) Institutional confinement of the inmate does not offer 4240
additional protections for public safety or against the inmate's 4241
risk to reoffend.4242

       (b) The department of rehabilitation and correction shall 4243
adopt rules pursuant to Chapter 119. of the Revised Code to 4244
implement the definition of "terminal illness" in division 4245
(A)(3)(a) of this section.4246

       (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 the4252
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, by4256
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

       (C) No inmate is eligible for release under this section if 4272
the inmate is serving a death sentence, a sentence of life without 4273
parole, a sentence under Chapter 2971. of the Revised Code for a 4274
felony of the first or second degree, a sentence for aggravated 4275
murder or murder, or a mandatory prison term for an offense of 4276
violence or any specification described in Chapter 2941. of the 4277
Revised Code.4278

       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 to4299
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 weeks4302
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 by4305
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 a4313
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's4325
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 in4334
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 weeks4338
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's4350
representative in accordance with section 2930.03 of the Revised4351
Code.4352

       (D) In case of an application for the pardon or commutation4353
of sentence of a person sentenced to capital punishment, the4354
governor may modify the requirements of notification and4355
publication if there is not sufficient time for compliance with4356
the requirements before the date fixed for the execution of4357
sentence.4358

       (E) If an offender is serving a prison term imposed under4359
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

       (F) The failure of the adult parole authority to comply with4368
the notice or posting provisions of division (A), (B), or (C) of 4369
this section or the failure of the parole board to comply with the4370
notice provisions of division (E) of this section do not give any4371
rights or any grounds for appeal or post-conviction relief to the 4372
person serving the sentence.4373

       (G) Divisions (A), (B), and (C) of this section do not apply4374
to any release of a person that is of the type described in4375
division (B)(2)(b) of section 5120.031 of the Revised Code.4376

       (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

       Sec. 2967.121.  (A) Subject to division (C) of this section, 4391
at least two weeks before any convict who is serving a sentence 4392
for committing a felony of the first, second, or third degree is4393
released from confinement in any state correctional institution4394
pursuant to a pardon, commutation of sentence, parole, or 4395
completed prison term, the adult parole authority shall send4396
provide notice of the release to the prosecuting attorney of the 4397
county in which the indictment of the convict was found.4398

       (B) The notice required by division (A) of this section may 4399
be contained in a weekly list of all felons of the first, second, 4400
or third degree who are scheduled for release. The notice shall 4401
contain all of the following:4402

       (1) The name of the convict being released;4403

       (2) The date of the convict's release;4404

       (3) The offense for the violation of which the convict was4405
convicted and incarcerated;4406

       (4) The date of the convict's conviction pursuant to which4407
the convict was incarcerated;4408

       (5) The sentence imposed for that conviction;4409

       (6) The length of any supervision that the convict will be4410
under;4411

       (7) The name, business address, and business phone number of 4412
the convict's supervising officer;4413

       (8) The address at which the convict will reside.4414

       (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

       (2) Divisions (A) and (B) of this section do not apply to the 4430
release from confinement of an offender if, upon admission to the 4431
state correctional institution, the offender has less than 4432
fourteen days to serve on the sentence.4433

       Sec. 2967.141.  (A) As used in this section, "alternative 4434
residential facility" has the same meaning as in section 2929.01 4435
of the Revised Code.4436

       (B) The department of rehabilitation and correction, through 4437
its division of parole and community services, may operate or 4438
contract for the operation of one or more violation sanction 4439
centers as an alternative residential facility. A violation 4440
sanction center operated under authority of this division is not a 4441
prison within the meaning of division (BB) ofas defined in4442
section 2929.01 of the Revised Code. A violation sanction center 4443
operated under authority of this division may be used for either 4444
of the following purposes:4445

       (1) Service of the term of a more restrictive post-release 4446
control sanction that the parole board, subsequent to a hearing, 4447
imposes pursuant to division (F)(2) of section 2967.28 of the 4448
Revised Code upon a releasee who has violated a post-release 4449
control sanction imposed upon the releasee under that section;4450

       (2) Service of a sanction that the adult parole authority or 4451
parole board imposes upon a parolee whom the authority determines 4452
to be a parole violator because of a violation of the terms and 4453
conditions of the parolee's parole or conditional pardon.4454

       (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 violation4459
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

       (D) If a releasee is ordered to serve a sanction in a 4467
violation sanction center, as described in division (B)(1) of this 4468
section, all of the following apply:4469

       (1) The releasee shall not be considered to be under a new 4470
prison term for a violation of post-release control.4471

       (2) The time the releasee serves in the center shall not 4472
count toward, and shall not be considered in determining, the 4473
maximum cumulative prison term for all violations that is 4474
described in division (F)(3) of section 2967.28 of the Revised 4475
Code.4476

       (3) The time the releasee serves in the center shall count as 4477
part of, and shall be credited toward, the remaining period of 4478
post-release control that is applicable to the releasee.4479

       Sec. 2967.15.  (A) If an adult parole authority field officer 4480
has reasonable cause to believe that a person who is a parolee or4481
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, other4485
form of authorized release, transitional control, or post-release4486
control specified in division (A) of section 2967.131 of the4487
Revised Code or any other term or condition of the person's4488
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 has4499
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 new4505
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

       If a person who has been pardoned is found to be a violator 4517
of the conditions of the parolee's conditional pardon or 4518
commutation of sentence, the authority forthwith shall transmit to 4519
the governor its recommendation concerning that violation, and the4520
violator shall be retained in custody until the governor issues an 4521
order concerning that violation.4522

       If the authority fails to make a determination of the case of 4523
a parolee or releasee alleged to be a violator of the terms and 4524
conditions of the parolee's or releasee's conditional pardon, 4525
parole, other release, or post-release control sanctions within a4526
reasonable time, the parolee or releasee shall be released from 4527
custody under the same terms and conditions of the parolee's or 4528
releasee's original conditional pardon, parole, other release, or 4529
post-release control sanctions.4530

       (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 declare4536
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-release4541
control. 4542

       The time between the date on which a person who is a parolee4543
or other releasee is declared to be a violator or violator at4544
large and the date on which that person is returned to custody in4545
this state under the immediate control of the adult parole4546
authority shall not be counted as time served under the sentence4547
imposed on that person or as a part of the term of post-release 4548
control.4549

       (2) A person who is under transitional control or who is4550
under any form of authorized release under the supervision of the 4551
adult parole authority is considered to be in custody while under 4552
the transitional control or on release, and, if the person 4553
absconds from supervision, the person may be prosecuted for the 4554
offense of escape.4555

       (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 and4558
who has violated a term or condition of the person's conditional 4559
pardon, parole, transitional control, other form of authorized4560
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 person4564
otherwise leaves the state.4565

       (E) As used in this section, "peace officer" has the same4566
meaning as in section 2935.01 of the Revised Code.4567

       Sec. 2967.26.  (A)(1) The department of rehabilitation and4568
correction, by rule, may establish a transitional control program4569
for the purpose of closely monitoring a prisoner's adjustment to4570
community supervision during the final one hundred eighty days of4571
the prisoner's confinement. If the department establishes a4572
transitional control program under this division, the adult parole4573
authority may transfer eligible prisoners to transitional control4574
status under the program during the final one hundred eighty days4575
of their confinement and under the terms and conditions4576
established by the department, shall provide for the confinement4577
as provided in this division of each eligible prisoner so4578
transferred, and shall supervise each eligible prisoner so4579
transferred in one or more community control sanctions. Each4580
eligible prisoner who is transferred to transitional control4581
status under the program shall be confined in a suitable facility4582
that is licensed pursuant to division (C) of section 2967.14 of4583
the Revised Code, or shall be confined in a residence the4584
department has approved for this purpose and be monitored pursuant4585
to an electronic monitoring device, as defined in section 2929.014586
of the Revised Code. If the department establishes a transitional4587
control program under this division, the rules establishing the4588
program shall include criteria that define which prisoners are4589
eligible for the program, criteria that must be satisfied to be4590
approved as a residence that may be used for confinement under the4591
program of a prisoner that is transferred to it and procedures for4592
the department to approve residences that satisfy those criteria,4593
and provisions of the type described in division (C) of this4594
section. At a minimum, the criteria that define which prisoners4595
are eligible for the program shall provide all of the following:4596

       (a) That a prisoner is eligible for the program if the4597
prisoner is serving a prison term or term of imprisonment for an4598
offense committed prior to March 17, 1998, and if, at the time at 4599
which eligibility is being determined, the prisoner would have 4600
been eligible for a furlough under this section as it existed 4601
immediately prior to March 17, 1998, or would have been eligible4602
for conditional release under former section 2967.23 of the4603
Revised Code as that section existed immediately prior to March 4604
17, 1998;4605

       (b) That no prisoner who is serving a mandatory prison term4606
is eligible for the program until after expiration of the4607
mandatory term;4608

       (c) That no prisoner who is serving a prison term or term of4609
life imprisonment without parole imposed pursuant to section4610
2971.03 of the Revised Code is eligible for the program.4611

       (2) At least three weeks prior to transferring to4612
transitional control under this section a prisoner who is serving4613
a term of imprisonment or prison term for an offense committed on4614
or after July 1, 1996, the adult parole authority shall give4615
notice of the pendency of the transfer to transitional control to4616
the court of common pleas of the county in which the indictment4617
against the prisoner was found and of the fact that the court may4618
disapprove the transfer of the prisoner to transitional control4619
and shall include a report prepared by the head of the state4620
correctional institution in which the prisoner is confined. The4621
head of the state correctional institution in which the prisoner4622
is confined, upon the request of the adult parole authority, shall4623
provide to the authority for inclusion in the notice sent to the4624
court under this division a report on the prisoner's conduct in4625
the institution and in any institution from which the prisoner may4626
have been transferred. The report shall cover the prisoner's4627
participation in school, vocational training, work, treatment, and4628
other rehabilitative activities and any disciplinary action taken4629
against the prisoner. If the court disapproves of the transfer of4630
the prisoner to transitional control, the court shall notify the4631
authority of the disapproval within thirty days after receipt of4632
the notice. If the court timely disapproves the transfer of the4633
prisoner to transitional control, the authority shall not proceed4634
with the transfer. If the court does not timely disapprove the4635
transfer of the prisoner to transitional control, the authority4636
may transfer the prisoner to transitional control.4637

       (3) If the victim of an offense for which a prisoner was4638
sentenced to a prison term or term of imprisonment has requested4639
notification under section 2930.16 of the Revised Code and has4640
provided the department of rehabilitation and correction with the4641
victim's name and address, the adult parole authority, at least4642
three weeks prior to transferring the prisoner to transitional4643
control pursuant to this section, shall notify the victim of the4644
pendency of the transfer and of the victim's right to submit a4645
statement to the authority regarding the impact of the transfer of4646
the prisoner to transitional control. If the victim subsequently4647
submits a statement of that nature to the authority, the authority4648
shall consider the statement in deciding whether to transfer the4649
prisoner to transitional control.4650

       (4) The department of rehabilitation and correction, at least 4651
three weeks prior to a hearing to transfer thetransferring a4652
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

       (B) Each prisoner transferred to transitional control under4670
this section shall be confined in the manner described in division4671
(A) of this section during any period of time that the prisoner is4672
not actually working at the prisoner's approved employment,4673
engaged in a vocational training or another educational program,4674
engaged in another program designated by the director, or engaged4675
in other activities approved by the department.4676

       (C) The department of rehabilitation and correction shall4677
adopt rules for transferring eligible prisoners to transitional4678
control, supervising and confining prisoners so transferred,4679
administering the transitional control program in accordance with4680
this section, and using the moneys deposited into the transitional4681
control fund established under division (E) of this section.4682

       (D) The department of rehabilitation and correction may adopt4683
rules for the issuance of passes for the limited purposes4684
described in this division to prisoners who are transferred to4685
transitional control under this section. If the department adopts4686
rules of that nature, the rules shall govern the granting of the4687
passes and shall provide for the supervision of prisoners who are4688
temporarily released pursuant to one of those passes. Upon the4689
adoption of rules under this division, the department may issue4690
passes to prisoners who are transferred to transitional control4691
status under this section in accordance with the rules and the4692
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

       (1) To visit a relative in imminent danger of death;4696

       (2) To have a private viewing of the body of a deceased 4697
relative;4698

       (3) To visit with family;4699

       (4) To otherwise aid in the rehabilitation of the prisoner.4700

       (E) The adult parole authority may require a prisoner who is4701
transferred to transitional control to pay to the division of4702
parole and community services the reasonable expenses incurred by4703
the division in supervising or confining the prisoner while under4704
transitional control. Inability to pay those reasonable expenses4705
shall not be grounds for refusing to transfer an otherwise4706
eligible prisoner to transitional control. Amounts received by the 4707
division of parole and community services under this division4708
shall be deposited into the transitional control fund, which is4709
hereby created in the state treasury and which hereby replaces and4710
succeeds the furlough services fund that formerly existed in the4711
state treasury. All moneys that remain in the furlough services4712
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

       (F) A prisoner who violates any rule established by the4720
department of rehabilitation and correction under division (A),4721
(C), or (D) of this section may be transferred to a state4722
correctional institution pursuant to rules adopted under division4723
(A), (C), or (D) of this section, but the prisoner shall receive4724
credit towards completing the prisoner's sentence for the time4725
spent under transitional control.4726

       If a prisoner is transferred to transitional control under4727
this section, upon successful completion of the period of4728
transitional control, the prisoner may be released on parole or4729
under post-release control pursuant to section 2967.13 or 2967.284730
of the Revised Code and rules adopted by the department of4731
rehabilitation and correction. If the prisoner is released under4732
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 prisoners4735
who violate any sanction applicable to the prisoner are governed4736
by section 2967.28 of the Revised Code.4737

       Sec. 2967.28.  (A) As used in this section:4738

       (1) "Monitored time" means the monitored time sanction4739
specified in section 2929.17 of the Revised Code.4740

       (2) "Deadly weapon" and "dangerous ordnance" have the same4741
meanings as in section 2923.11 of the Revised Code.4742

       (3) "Felony sex offense" means a violation of a section4743
contained in Chapter 2907. of the Revised Code that is a felony.4744

       (B) Each sentence to a prison term for a felony of the first4745
degree, for a felony of the second degree, for a felony sex4746
offense, or for a felony of the third degree that is not a felony4747
sex offense and in the commission of which the offender caused or4748
threatened to cause physical harm to a person shall include a4749
requirement that the offender be subject to a period of4750
post-release control imposed by the parole board after the4751
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 of4771
post-release control required by this division for an offender 4772
shall be of one of the following periods:4773

       (1) For a felony of the first degree or for a felony sex4774
offense, five years;4775

       (2) For a felony of the second degree that is not a felony4776
sex offense, three years;4777

       (3) For a felony of the third degree that is not a felony sex4778
offense and in the commission of which the offender caused or4779
threatened physical harm to a person, three years.4780

       (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) or4782
(3) of this section shall include a requirement that the offender4783
be subject to a period of post-release control of up to three4784
years after the offender's release from imprisonment, if the4785
parole board, in accordance with division (D) of this section,4786
determines that a period of post-release control is necessary for4787
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's4808
period of post-release control. Whenever the board or court4809
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's4814
offender's parole or probation officer and that the individual or 4815
felonoffender abide by the law. The board or court may impose any4816
other conditions of release under a post-release control sanction4817
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, all4825
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 court4828
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 court4831
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 described4836
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 that4842
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 from4846
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 from4859
imprisonment and during the period of post-release control4860
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, the4870
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 authority4877
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

       (E) The department of rehabilitation and correction, in4889
accordance with Chapter 119. of the Revised Code, shall adopt4890
rules that do all of the following:4891

       (1) Establish standards for the imposition by the parole4892
board of post-release control sanctions under this section that4893
are consistent with the overriding purposes and sentencing4894
principles set forth in section 2929.11 of the Revised Code and4895
that are appropriate to the needs of releasees;4896

       (2) Establish standards by which the parole board can4897
determine which prisoners described in division (C) of this4898
section should be placed under a period of post-release control;4899

       (3) Establish standards to be used by the parole board in4900
reducing the duration of the period of post-release control4901
imposed by the court when authorized under division (D) of this4902
section, in imposing a more restrictive post-release control4903
sanction than monitored time upon a prisoner convicted of a felony4904
of the fourth or fifth degree other than a felony sex offense, or4905
in imposing a less restrictive control sanction upon a releasee4906
based on the releasee's activities including, but not limited to,4907
remaining free from criminal activity and from the abuse of4908
alcohol or other drugs, successfully participating in approved4909
rehabilitation programs, maintaining employment, and paying4910
restitution to the victim or meeting the terms of other financial4911
sanctions;4912

       (4) Establish standards to be used by the adult parole4913
authority in modifying a releasee's post-release control sanctions4914
pursuant to division (D)(2) of this section;4915

       (5) Establish standards to be used by the adult parole4916
authority or parole board in imposing further sanctions under4917
division (F) of this section on releasees who violate post-release4918
control sanctions, including standards that do the following:4919

       (a) Classify violations according to the degree of4920
seriousness;4921

       (b) Define the circumstances under which formal action by the 4922
parole board is warranted;4923

       (c) Govern the use of evidence at violation hearings;4924

       (d) Ensure procedural due process to an alleged violator;4925

       (e) Prescribe nonresidential community control sanctions for4926
most misdemeanor and technical violations;4927

       (f) Provide procedures for the return of a releasee to4928
imprisonment for violations of post-release control.4929

       (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 been4936
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 court4949
determines that a releasee has violated a post-release control 4950
sanction or any conditions described in division (A) of section4951
2967.131 of the Revised Code imposed upon the releasee and that a 4952
more restrictive sanction is appropriate, the authority or court4953
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) of4958
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 a4961
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 control4970
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 control4977
sanction. When appropriate, the board or court may impose as a4978
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 of4981
post-release control when the violation involves a deadly weapon4982
or dangerous ordnance, physical harm or attempted serious physical4983
harm to a person, or sexual misconduct, or when the releasee4984
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

       If an offender is imprisoned for a felony committed while5002
under post-release control supervision and is again released on5003
post-release control for a period of time determined by division5004
(F)(4)(d) of this section, the maximum cumulative prison term for5005
all violations under this division shall not exceed one-half of5006
the total stated prison terms of the earlier felony, reduced by5007
any prison term administratively imposed by the parole board or 5008
court, plus one-half of the total stated prison term of the new 5009
felony.5010

       (4) Any period of post-release control shall commence upon an5011
offender's actual release from prison. If an offender is serving5012
an indefinite prison term or a life sentence in addition to a5013
stated prison term, the offender shall serve the period of5014
post-release control in the following manner:5015

       (a) If a period of post-release control is imposed upon the5016
offender and if the offender also is subject to a period of parole5017
under a life sentence or an indefinite sentence, and if the period5018
of post-release control ends prior to the period of parole, the5019
offender shall be supervised on parole. The offender shall receive 5020
credit for post-release control supervision during the period of 5021
parole. The offender is not eligible for final release under 5022
section 2967.16 of the Revised Code until the post-release control 5023
period otherwise would have ended.5024

       (b) If a period of post-release control is imposed upon the5025
offender and if the offender also is subject to a period of parole5026
under an indefinite sentence, and if the period of parole ends5027
prior to the period of post-release control, the offender shall be5028
supervised on post-release control. The requirements of parole5029
supervision shall be satisfied during the post-release control5030
period.5031

       (c) If an offender is subject to more than one period of5032
post-release control, the period of post-release control for all5033
of the sentences shall be the period of post-release control that5034
expires last, as determined by the parole board or court. Periods 5035
of post-release control shall be served concurrently and shall not 5036
be imposed consecutively to each other.5037

       (d) The period of post-release control for a releasee who5038
commits a felony while under post-release control for an earlier5039
felony shall be the longer of the period of post-release control5040
specified for the new felony under division (B) or (C) of this5041
section or the time remaining under the period of post-release5042
control imposed for the earlier felony as determined by the parole5043
board or court.5044

       Sec. 2967.29.  (A) A court of common pleas may cooperate with 5045
the department of rehabilitation and correction in the supervision 5046
of offenders who return to the court's territorial jurisdiction 5047
after serving a prison term. The court, after consultation with 5048
the board of county commissioners, may enter into an agreement 5049
with the department allowing the court and the parole board to 5050
make joint decisions relating to parole and post-release control 5051
to the extent permitted by section 2967.28 of the Revised Code.5052

       (B) An agreement made under this section shall include at 5053
least all of the following:5054

       (1) The categories of offenders with regard to which the 5055
court may participate in making decisions;5056

       (2) The process by which the offenders in each category will 5057
be identified;5058

       (3) The process by which the court and the parole board will 5059
monitor offenders and make recommendations regarding programming 5060
while the offenders are in prison;5061

       (4) The process by which the court will participate in 5062
setting appropriate sanctions and conditions on offenders who 5063
leave prison on post-release control or parole;5064

       (5) The process by which the court may participate in 5065
reducing the duration of the period of post-release control;5066

       (6) Guidelines for the supervision of offenders under 5067
post-release control or parole supervision;5068

       (7) Guidelines for sanctions for violations of parole or 5069
post-release control;5070

       (8) Provisions that take into account the perspective of 5071
affected victims.5072

       (C) A court that enters into an agreement under this section 5073
shall provide the department of rehabilitation and correction with 5074
a presentence investigation upon the offender's admission to 5075
prison. The department shall provide the court with a summary of 5076
an offender's progress while in prison prior to the release of the 5077
offender.5078

       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. The5086
application also shall state whether an applicant wishes to5087
certify willingness to make an anatomical gift under section5088
2108.04 of the Revised Code and shall include information about5089
the requirements of that section that apply to persons who are5090
less than eighteen years of age. The statement regarding5091
willingness to make such a donation shall be given no5092
consideration in the decision of whether to issue an5093
identification card. Each applicant shall be photographed in color 5094
at the time of making application.5095

       (2) The application also shall state whether the applicant5096
has executed a valid durable power of attorney for health care5097
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has5098
executed a declaration governing the use or continuation, or the5099
withholding or withdrawal, of life-sustaining treatment pursuant5100
to sections 2133.01 to 2133.15 of the Revised Code and, if the5101
applicant has executed either type of instrument, whether the5102
applicant wishes the identification card issued to indicate that5103
the applicant has executed the instrument.5104

       (3) The registrar or deputy registrar, in accordance with5105
section 3503.11 of the Revised Code, shall register as an elector5106
any person who applies for an identification card or duplicate if5107
the applicant is eligible and wishes to be registered as an5108
elector. The decision of an applicant whether to register as an5109
elector shall be given no consideration in the decision of whether5110
to issue the applicant an identification card or duplicate.5111

       (B) The application for an identification card or duplicate5112
shall be filed in the office of the registrar or deputy registrar.5113
Each applicant shall present documentary evidence as required by5114
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

       All applications for an identification card or duplicate5125
shall be filed in duplicate, and if submitted to a deputy5126
registrar, a copy shall be forwarded to the registrar. The5127
registrar shall prescribe rules for the manner in which a deputy5128
registrar is to file and maintain applications and other records.5129
The registrar shall maintain a suitable, indexed record of all5130
applications denied and cards issued or canceled.5131

       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

       Sec. 5120.07.  (A) There is hereby created the ex-offender 5150
reentry coalition consisting of the following seventeen members or 5151
their designees:5152

       (1) The director of rehabilitation and correction;5153

       (2) The director of aging;5154

       (3) The director of alcohol and drug addiction services;5155

       (4) The director of development;5156

       (5) The superintendent of public instruction;5157

       (6) The director of health;5158

       (7) The director of job and family services;5159

       (8) The director of mental health;5160

       (9) The director of mental retardation and developmental 5161
disabilities;5162

       (10) The director of public safety;5163

       (11) The director of youth services;5164

       (12) The chancellor of the Ohio board of regents;5165

       (13) The director of the governor's office of external 5166
affairs and economic opportunity;5167

       (14) The director of the governor's office of faith-based and 5168
community initiatives;5169

       (15) The director of the rehabilitation services commission;5170

       (16) The director of the department of commerce;5171

       (17) The executive director of a health care licensing board 5172
created under Title XLVII of the Revised Code, as appointed by the 5173
chairperson of the coalition.5174

       (B) The members of the coalition shall serve without 5175
compensation. The director of rehabilitation and correction or the 5176
director's designee shall be the chairperson of the coalition.5177

       (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

       (1) Admission to public and other housing;5193

       (2) Child support obligations and procedures;5194

       (3) Parental incarceration and family reunification;5195

       (4) Social security benefits, veterans' benefits, food 5196
stamps, and other forms of public assistance;5197

       (5) Employment;5198

       (6) Education programs and financial assistance;5199

       (7) Substance abuse, mental health, and sex offender 5200
treatment programs and financial assistance;5201

       (8) Civic and political participation;5202

       (9) Other collateral consequences under the Revised Code or 5203
the Ohio administrative code law that may result from a criminal 5204
conviction.5205

       Sec. 5120.52.  The department of rehabilitation and5206
correction may enter into a contract with any person or with a 5207
political subdivision in which a state correctional institution is 5208
located under which thean institution will provide water or5209
sewage treatment services for the person or political subdivision 5210
if the institution has a water or sewage treatment facility with 5211
sufficient excess capacity to provide the services.5212

       Any such contract shall include all of the following:5213

       (A) Limitations on the quantity of sewage that the facility 5214
will accept or the quantity of potable water that the facility 5215
will provide that are compatible with the needs of the state 5216
correctional institution;5217

       (B) The bases for calculating reasonable rates to be charged 5218
the person or political subdivision for potable water or for5219
sewage treatment services and for adjusting the rates;5220

       (C) All other provisions the department considers necessary 5221
or proper to protect the interests of the state in the facility 5222
and the purpose for which it was constructed.5223

       All amounts due the department under the contract shall be5224
paid to the department by the person or political subdivision at 5225
the times specified in the contract. The department shall deposit 5226
all such amounts in the state treasury to the credit of the 5227
correctional institution water and sewage treatment facility 5228
services fund, which is hereby created. The fund shall be used by 5229
the department to pay costs associated with operating and 5230
maintaining the water or sewage treatment facility.5231

       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

       Sec. 5120.63.  (A) As used in this section:5248

       (1) "Random drug testing" means a procedure in which blood or 5249
urine specimens are collected from individuals chosen by 5250
automatic, random selection and without prearrangement or 5251
planning, for the purpose of scientifically analyzing the 5252
specimens to determine whether the individual ingested or was 5253
injected with a drug of abuse.5254

       (2) "State correctional institution" has the same meaning as 5255
in section 2967.01 of the Revised Code.5256

       (3) "Stated prison term" has the same meaning as in section 5257
2929.01 of the Revised Code.5258

       (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

       (C) A prisoner who is subjected to random drug testing under 5283
this section and whose test indicates that the prisoner ingested5284
or was injected with a drug of abuse shall pay the fee for that 5285
positive test and other subsequent test fees as a sanction 5286
specified by the department of rehabilitation and correction 5287
pursuant to division (D)(6) of this section.5288

       (D) The department of rehabilitation and correction shall 5289
establish policies and procedures to implement the random drug 5290
testing program established under this section. The policies and 5291
procedures shall include, but are not limited to, provisions that 5292
do the following:5293

       (1) Establish standards for the performance of random drug 5294
testing that include, but are not limited to, standards governing 5295
the following:5296

       (a) The collection by the laboratory or entity described in5297
division (B) of this section of blood or urine specimens of5298
individuals in a scientifically or medically approved manner and5299
under reasonable and sanitary conditions;5300

       (b) The collection and testing by the laboratory or entity5301
described in division (B) of this section of blood or urine5302
specimens with due regard for the privacy of the individual being5303
tested and in a manner reasonably calculated to prevent5304
substitutions or interference with the collection and testing of5305
the specimens;5306

       (c) The documentation of blood or urine specimens collected 5307
by the laboratory or entity described in division (B) of this 5308
section and documentation procedures that reasonably preclude the 5309
possibility of erroneous identification of test results and that 5310
provide the individual being tested an opportunity to furnish 5311
information identifying any prescription or nonprescription drugs 5312
used by the individual in connection with a medical condition;5313

       (d) The collection, maintenance, storage, and transportation 5314
by the laboratory or entity described in division (B) of this 5315
section of blood or urine specimens in a manner that reasonably 5316
precludes the possibility of contamination or adulteration of the 5317
specimens;5318

       (e) The testing by the laboratory or entity described in 5319
division (B) of this section of blood or urine specimen of an5320
individual to determine whether the individual ingested or was5321
injected with a drug of abuse, in a manner that conforms to5322
scientifically accepted analytical methods and procedures and that 5323
may include verification or confirmation of any positive test 5324
result by a reliable analytical method;5325

       (f) The analysis of an individual's blood or urine specimen 5326
by an employee of the laboratory or entity described in division5327
(B) of this section who is qualified by education, training, and5328
experience to perform that analysis and whose regular duties 5329
include the analysis of blood or urine specimens to determine the 5330
presence of a drug of abuse and whether the individual who is the 5331
subject of the test ingested or was injected with a drug of abuse.5332

       (2) Specify the frequency of performing random drug testing 5333
of prisoners in a state correctional institution;5334

       (3) Prescribe procedures for the automatic, random selection 5335
of prisoners in a state correctional institution to submit to 5336
random drug testing under this section;5337

       (4) Provide for reasonable safeguards for the transmittal5338
from the laboratory or entity described in division (B) of this5339
section to the department of the results of the random drug 5340
testing of prisoners in state correctional institutions pursuant 5341
to division (F) of this section;5342

       (5) Establish a reasonable fee to cover the costs associated 5343
with random drug testing and analyses performed by a laboratory or 5344
entity under this section and establish procedures for the 5345
collection of those fees from the prisoners subjected to the drug 5346
test;5347

       (6) Establish guidelines for imposing sanctions upon a 5348
prisoner whose test results indicate that the prisoner ingested or 5349
was injected with a drug of abuse.5350

       (E) The warden of each correctional institution, pursuant to5351
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 of5354
rehabilitation and correction under division (D) of this section, 5355
shall facilitate the collection, documentation, maintenance, and5356
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 this5362
section shall transmit the results of each drug test to the5363
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 with5374
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

       (G) If a prisoner has been subjected to two or more drug 5385
tests pursuant to this section and if the results of two of those 5386
tests indicate that the prisoner ingested or was injected with a 5387
drug of abuse, the parole board may extend the stated prison term 5388
of the prisoner pursuant to the bad time provisions in section 5389
2967.11 of the Revised Code if by ingesting or being injected with 5390
the drug of abuse the prisoner committed a violation as defined in 5391
that section.5392

       (H) All fees for random drug tests collected from prisoners 5393
under this section or collected by the adult parole authority 5394
under section 2929.15, 2951.05, or 2967.131 of the Revised Code 5395
shall be forwarded to the treasurer of state for deposit in the 5396
offender financial responsibility fund created in division (I) of 5397
section 5120.56 of the Revised Code.5398

       Sec. 5120.66.  (A) Within ninety days after November 23, 5399
2005, but not before January 1, 2006, the department of 5400
rehabilitation and correction shall establish and operate on the 5401
internet a database that contains all of the following:5402

       (1) For each inmate in the custody of the department under a 5403
sentence imposed for a conviction of or plea of guilty to any 5404
offense, all of the following information:5405

       (a) The inmate's name;5406

       (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

       (c) All of the following information that is applicable 5422
regarding the inmate:5423

       (i) If known to the department prior to the conduct of any 5424
hearing for judicial release of the defendant pursuant to section 5425
2929.20 of the Revised Code in relation to any prison term or term 5426
of imprisonment the inmate is serving for any offense, notice of 5427
the fact that the inmate will be having a hearing regarding a 5428
possible grant of judicial release, the date of the hearing, and 5429
the right of any person pursuant to division (J) of that section 5430
to submit to the court a written statement regarding the possible 5431
judicial release;5432

       (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

       (iii) At least three weeks before the adult parole authority 5445
recommends a pardon or commutation of sentence for the inmate or 5446
at least three weeks prior to a hearing before the adult parole 5447
authority regarding a grant of parole to the inmate in relation to 5448
any prison term or term of imprisonment the inmate is serving for 5449
any offense, notice of the fact that the inmate might be under 5450
consideration for a pardon or commutation of sentence or will be 5451
having a hearing regarding a possible grant of parole, of the date 5452
of any hearing regarding a possible grant of parole, and of the 5453
right of any person to submit a written statement regarding the 5454
pending action;5455

       (iv) At least three weeks before the inmate has a hearing 5456
regarding a transferis transferred to transitional control under 5457
section 2967.26 of the Revised Code in relation to any prison 5458
term or term of imprisonment the inmate is serving for any 5459
offense, notice of the pendency of the transfer, of the date of 5460
the possible transfer, and of the right of any person to submit a 5461
statement regarding the possible transfer;5462

       (v) Prompt notice of the inmate's escape from any facility in 5463
which the inmate was incarcerated and of the capture of the inmate 5464
after an escape;5465

       (vi) Notice of the inmate's death while in confinement;5466

       (vii) Prior to the release of the inmate from confinement, 5467
notice of the fact that the inmate will be released, of the date 5468
of the release, and, if applicable, of the standard terms and 5469
conditions of the release;5470

       (viii) Notice of the inmate's judicial release.5471

       (2) Information as to where a person can send written 5472
statements of the types referred to in divisions (A)(1)(c)(i), 5473
(iii), and (iv) of this section.5474

       (B)(1) The department shall update the database required 5475
under division (A) of this section every twenty-four hours to 5476
ensure that the information it contains is accurate and current.5477

       (2) The database required under division (A) of this section 5478
is a public record open for inspection under section 149.43 of the 5479
Revised Code. The department shall make the database searchable by 5480
inmate name and by the county and zip code where the offender 5481
intends to reside after release from a state correctional 5482
institution if this information is known to the department.5483

       (3) The database required under division (A) of this section 5484
may contain information regarding inmates who are listed in the 5485
database in addition to the information described in that 5486
division.5487

       (4) No information included on the database required under 5488
division (A) of this section shall identify or enable the 5489
identification of any victim of any offense committed by an 5490
inmate.5491

       (C) The failure of the department to comply with the 5492
requirements of division (A) or (B) of this section does not give 5493
any rights or any grounds for appeal or post-conviction relief to 5494
any inmate.5495

       (D) This section, and the related provisions of sections 5496
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted 5497
in the act in which this section was enacted, shall be known as 5498
"Laura's Law."5499

       Sec. 5120.70.  (A) There is hereby created in the state 5500
treasury the federal equitable sharing fund. The director of 5501
rehabilitation and correction shall deposit in the fund all money 5502
received by the department from the federal government as 5503
equitable sharing payments under 28 U.S.C. 524. The director 5504
shall establish rules pursuant to Chapter 119. of the Revised 5505
Code for the operation of the fund.5506

       (B)(1) The department of rehabilitation and correction shall 5507
use federally forfeited property and the proceeds of federally 5508
forfeited property only for law enforcement purposes. The 5509
department shall implement auditing procedures that will trace 5510
assets and interest to the equitable sharing fund.5511

       (2) Within sixty days of the close of the fiscal year, the 5512
department shall submit to the chairpersons of the committees of 5513
the senate and the house of representatives that consider criminal 5514
justice legislation all of the following information:5515

       (a) The annual certification report submitted to the United 5516
States department of justice and the United States department of 5517
treasury;5518

       (b) A report identifying all DAG-71 forms submitted to the 5519
federal government and a consecutive numbering log of the copies 5520
including identifiers for the type of asset, the amount, the share 5521
requested, the amount received, and the date received.5522

       (3) The department shall provide the committees with any 5523
documentation related to the reports that members of the 5524
committees request. The report may be submitted in a tangible 5525
format, an electronic format, or both.5526

       Sec. 5139.02.  (A)(1) As used in this section, "managing5527
officer" means the assistant director, a deputy director, an5528
assistant deputy director, a superintendent, a regional5529
administrator, a deputy superintendent, or the superintendent of5530
schools of the department of youth services, a member of the5531
release authority, the chief of staff to the release authority,5532
and the victims administrator of the office of victim services.5533

       (2) Each division established by the director of youth5534
services shall consist of managing officers and other employees,5535
including those employed in institutions and regions as necessary5536
to perform the functions assigned to them. The director,5537
assistant director, or appropriate deputy director or managing5538
officer of the department shall supervise the work of each5539
division and determine general policies governing the exercise of5540
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 and5544
for the exercise of the powers and the performance of the duties5545
of the department assigned to it and, with the director's5546
approval, may establish bureaus or other administrative units5547
within the department.5548

       (B) The director shall appoint all managing officers, who5549
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 being5578
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 managing5586
officer shall be counted as service in the position in the5587
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 step5591
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

       (C) Each person appointed as a managing officer shall have5596
received special training and shall have experience in the type of5597
work that the person's division is required to perform. Each5598
managing officer, under the supervision of the director, has5599
entire charge of the division, institution, unit, or region for5600
which the managing officer is appointed and, with the director's5601
approval, shall appoint necessary employees and may remove them5602
for cause.5603

       (D) The director may designate one or more deputy directors 5604
to sign any personnel actions on the director's behalf. The 5605
director shall make a designation in a writing signed by the 5606
director, and the designation shall remain in effect until the 5607
director revokes or supersedes it with a new designation.5608

       Sec. 5139.18.  (A) Except with respect to children who are5609
granted a judicial release to court supervision pursuant to5610
division (B) of section 2152.22 of the Revised Code, the5611
department of youth services is responsible for locating homes or5612
jobs for children released from its institutions, for supervision5613
of children released from its institutions, and for providing or5614
arranging for the provision to those children of appropriate5615
services that are required to facilitate their satisfactory5616
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 general5622
supervision over all children who have been released on placement5623
from any of its institutions other than children who are granted a5624
judicial release to court supervision pursuant to division (B) of5625
section 2152.22 of the Revised Code. The director of youth5626
services, with the consent and approval of the board of county5627
commissioners of any county, may contract with the public children5628
services agency of that county, the department of probation of5629
that county established pursuant to section 2301.27 of the Revised5630
Code, or the probation department or service established pursuant5631
to sections 2151.01 to 2151.54 of the Revised Code for the5632
provision of direct supervision and control over and the provision5633
of supportive assistance to all children who have been released on5634
placement into that county from any of its institutions, or, with5635
the consent of the juvenile judge or the administrative judge of5636
the juvenile court of any county, contract with any other public5637
agency, institution, or organization that is qualified to provide5638
the care and supervision that is required under the terms and5639
conditions of the child's treatment plan for the provision of5640
direct supervision and control over and the provision of5641
supportive assistance to all children who have been released on5642
placement into that county from any of its institutions.5643

       (C) A juvenile parole officer shall furnish to a child placed 5644
on community control under the parole officer's supervision a 5645
statement of the conditions of parole and shall instruct the child 5646
regarding them. The parole officer shall keep informed concerning 5647
the conduct and condition of a child under the parole officer's 5648
supervision and shall report on the child's conduct to the judge 5649
as the judge directs. A parole officer shall use all suitable 5650
methods to aid a child on community control and to improve the 5651
child's conduct and condition. A parole officer shall keep full 5652
and accurate records of work done for children under the parole 5653
officer's supervision.5654

       (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 to5669
believe that any child released by a court pursuant to section5670
2152.22 of the Revised Code has violated the conditions of the5671
child's placement, the official may request, in writing, from the5672
committing court or transferee court a custodial order, and, upon5673
reasonable and probable cause, the court may order any sheriff,5674
deputy sheriff, constable, or police officer to apprehend the5675
child. A child so apprehended may be confined in the detention5676
facility of the county in which the child is apprehended until5677
further order of the court. If a child who was released on5678
supervised release by the release authority of the department of5679
youth services or a child who was granted a judicial release to5680
department of youth services supervision violates the conditions5681
of the supervised release or judicial release, section 5139.52 of5682
the Revised Code applies with respect to that child.5683

       Sec. 5139.281.  The department of youth services shall adopt5684
rules prescribing the manner of application for financial5685
assistance under this section for the operation and maintenance of5686
a detention facility provided, or district detention facility5687
established, under section 2151.41 of the Revised Code and5688
prescribing minimum standards of operation, including criteria for5689
programs of education, training, counseling, recreation, health,5690
and safety, and qualifications of personnel with which a facility5691
shall comply as a condition of eligibility for assistance under5692
this section. If the board of county commissioners providing a5693
detention facility or the board of trustees of a district5694
detention facility applies to the department for assistance and if5695
the department finds that the application is in accordance with5696
the rules adopted under this section and that the facility meets5697
the minimum standards adopted under this section, the department5698
may grant assistance to the applicant board for the operation and5699
maintenance of each facility in an amount not to exceed fifty per5700
cent of the approved annual operating cost. The board shall make a 5701
separate application for each year for which assistance is5702
requested.5703

       The department shall adopt any necessary rules for the care,5704
treatment, and training in a district detention facility of5705
children found to be delinquent children and committed to the5706
facility by the juvenile court under section 2151.19 of the5707
Revised Code and may approve for this purpose any facility that is5708
found to be in compliance with the rules it adopts.5709

       The department shall providefund, at least once every six5710
months, in-service training programs approved by the department5711
for staff members of detention facilities or district detention 5712
facilities and shall pay all travel and other necessary expenses 5713
incurred by participating staff members.5714

       Sec. 5139.31.  The department of youth services may inspect5715
any school, forestry camp, district detention facility, or other5716
facility for which an application for financial assistance has5717
been made to the department under section 2152.43 or 2151.651 of5718
the Revised Code or for which financial assistance has been5719
granted by the department under section 5139.27, 5139.271, or5720
5139.281 of the Revised Code. The inspection may include, but need 5721
not be limited to, examination and evaluation of the physical5722
condition of the school, forestry camp, district detention5723
facility, or other facility, including any equipment used in5724
connection with it; observation and evaluation of the training5725
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, the5728
commitment of children to it, and its administration.5729

       Sec. 5139.36.  (A) In accordance with this section and the5730
rules adopted under it and from funds appropriated to the5731
department of youth services for the purposes of this section, the 5732
department shall make grants that provide financial resources to 5733
operate community corrections facilities for felony delinquents.5734

       (B)(1) Each community corrections facility that intends to5735
seek a grant under this section shall file an application with the 5736
department of youth services at the time and in accordance with 5737
the procedures that the department shall establish by rules5738
adopted in accordance with Chapter 119. of the Revised Code. In5739
addition to other items required to be included in the5740
application, a plan that satisfies both of the following shall be5741
included:5742

       (a) It reduces the number of felony delinquents committed to 5743
the department from the county or counties associated with the5744
community corrections facility.5745

       (b) It ensures equal access for minority felony delinquents 5746
to the programs and services for which a potential grant would be 5747
used.5748

       (2) The department of youth services shall review each5749
application submitted pursuant to division (B)(1) of this section5750
to determine whether the plan described in that division, the5751
community corrections facility, and the application comply with5752
this section and the rules adopted under it.5753

       (C) To be eligible for a grant under this section and for5754
continued receipt of moneys comprising a grant under this section, 5755
a community corrections facility shall satisfy at least all of the 5756
following requirements:5757

       (1) Be constructed, reconstructed, improved, or financed by 5758
the Ohio building authority pursuant to section 307.021 of the5759
Revised Code and Chapter 152. of the Revised Code for the use of5760
the department of youth services and be designated as a community5761
corrections facility;5762

       (2) Have written standardized criteria governing the types of 5763
felony delinquents that are eligible for the programs and services 5764
provided by the facility;5765

       (3) Have a written standardized intake screening process and 5766
an intake committee that at least performs both of the following 5767
tasks:5768

       (a) Screens all eligible felony delinquents who are being5769
considered for admission to the facility in lieu of commitment to5770
the department;5771

       (b) Notifies, within ten days after the date of the referral 5772
of a felony delinquent to the facility, the committing court 5773
whether the felony delinquent will be admitted to the facility.5774

       (4) Comply with all applicable fiscal and program rules that 5775
the department adopts in accordance with Chapter 119. of the5776
Revised Code and demonstrate that felony delinquents served by the 5777
facility have been or will be diverted from a commitment to the 5778
department.5779

       (D) The department of youth services shall determine the5780
method of distribution of the funds appropriated for grants under5781
this section to community corrections facilities.5782

       (E)(1) The department of youth services shall adopt rules in 5783
accordance with Chapter 119. of the Revised Code to establish the 5784
minimum occupancy threshold of community corrections facilities.5785

        (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

        (3) Counties that are not associated with a community 5802
corrections facility may refer children to a community corrections 5803
facility with the consent of the facility. The department of youth 5804
services shall debit the county that makes the referral in 5805
accordance with sections 5139.41 to 5139.43 of the Revised Code.5806

       (F) If theThe board or other governing body of a community5807
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 shallmay5810
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

       Sec. 5139.38.  Within ninety days prior to the expiration of 5819
the prescribed minimum period of institutionalization of a felony 5820
delinquent committed to the department of youth services and with 5821
prior notification toapproval of the committing court, the5822
department may transfer the felony delinquent to a community5823
facility for a period of supervised treatment prior to ordering a5824
release of the felony delinquent on supervised release or prior to 5825
the release and placement of the felony delinquent as described in 5826
section 5139.18 of the Revised Code. For purposes of transfers 5827
under this section, both of the following apply:5828

       (A) The community facility may be a community corrections5829
facility that has received a grant pursuant to section 5139.36 of5830
the Revised Code, a community residential program with which the 5831
department has contracted for purposes of this section, or another 5832
private entity with which the department has contracted for 5833
purposes of this section. Division (E) of section 5139.36 of the 5834
Revised Code does not apply in connection with a transfer of a 5835
felony delinquent that is made to a community corrections facility 5836
pursuant to this section.5837

       (B) During the period in which the felony delinquent is in5838
the community facility, the felony delinquent shall remain in the 5839
custody of the department.5840

       Sec. 5139.41.  The appropriation made to the department of 5841
youth services for care and custody of felony delinquents shall be 5842
expended in accordance with the following procedure that the 5843
department shall use for each year of a biennium. The procedure 5844
shall be consistent with sections 5139.41 to 5139.43 of the 5845
Revised Code and shall be developed in accordance with the 5846
following guidelines:5847

       (A) The line item appropriation for the care and custody of 5848
felony delinquents shall provide funding for operational costs for 5849
the following:5850

       (1) Institutions and the diagnosis, care, or treatment of 5851
felony delinquents at facilities pursuant to contracts entered 5852
into under section 5139.08 of the Revised Code;5853

       (2) Community corrections facilities constructed, 5854
reconstructed, improved, or financed as described in section 5855
5139.36 of the Revised Code for the purpose of providing 5856
alternative placement and services for felony delinquents who have 5857
been diverted from care and custody in institutions;5858

       (3) County juvenile courts that administer programs and 5859
services for prevention, early intervention, diversion, treatment, 5860
and rehabilitation services and programs that are provided for 5861
alleged or adjudicated unruly or delinquent children or for 5862
children who are at risk of becoming unruly or delinquent 5863
children; 5864

       (4) Administrative expenses the department incurs in 5865
connection with the felony delinquent care and custody programs 5866
described in section 5139.43 of the Revised Code. 5867

       (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

       (1) The department shall give to each county a proportional 5890
allocation of commitment credits. The proportional allocation of 5891
commitment credits shall be calculated by the following 5892
procedures:5893

       (a) The department shall determine for each county and for 5894
the state a four year average of felony adjudications.5895

       (b) The department shall determine for each county and for 5896
the state the number of charged bed days, for both the department 5897
and community correctional facilities, from the previous year.5898

       (c) The department shall divide the statewide total number of 5899
charged bed days by the statewide total number of felony 5900
adjudications, which quotient shall then be multiplied by a factor 5901
determined by the department.5902

       (d) The department shall calculate the county's allocation of 5903
credits by multiplying the number of adjudications for each court 5904
by the result determined pursuant to division (C)(1)(c) of this 5905
section.5906

       (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

       (3) The department shall pay counties three times during the 5918
fiscal year to allow for credit reporting and audit adjustments, 5919
and modifications to the appropriated line item for the care and 5920
custody of felony delinquents, as described in this section. The 5921
department shall pay fifty per cent of the payment by the 5922
fifteenth of July of each fiscal year, twenty-five per cent by the 5923
fifteenth of January of that fiscal year, and twenty-five per cent 5924
of the payment by the fifteenth of June of that fiscal year.5925

       (D) In fiscal year 2004, the payment of county juvenile 5926
programs shall be based on the following procedure:5927

       (1) The department shall divide the funding earned by each 5928
court in fiscal year 2003 by the aggregate funding of all courts, 5929
resulting in a percentage.5930

       (2) The department shall apply the percentage determined 5931
under division (D)(1) of this section to the total county juvenile 5932
program allocation for fiscal year 2004 to determine each court's 5933
total payment.5934

       (3) The department shall make payments in accordance with the 5935
schedule established in division (C)(3) of this section.5936

       Sec. 5139.43.  (A) The department of youth services shall 5937
operate a felony delinquent care and custody program that shall be 5938
operated in accordance with the formula developed pursuant to 5939
section 5139.41 of the Revised Code, subject to the conditions 5940
specified in this section.5941

       (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 this5955
division in the felony delinquent care and custody fund shall not5956
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 division5982
(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

       (2)(a) A county and the juvenile court that serves the county5990
shall use the moneys in its felony delinquent care and custody 5991
fund in accordance with rules that the department of youth 5992
services adopts pursuant to division (D) of section 5139.04 of the 5993
Revised Code and as follows:5994

       (i) The moneys in the fund that represent state subsidy funds5995
granted to the county pursuant to section 5139.34 of the Revised 5996
Code shall be used to aid in the support of prevention, early 5997
intervention, diversion, treatment, and rehabilitation programs 5998
that are provided for alleged or adjudicated unruly children or 5999
delinquent children or for children who are at risk of becoming 6000
unruly children or delinquent children. The county shall not use 6001
for capital improvements more than fifteen per cent of the moneys 6002
in the fund that represent the applicable annual grant of those6003
state subsidy funds.6004

       (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

        The fund also may be used for prevention, early intervention, 6018
diversion, treatment, and rehabilitation programs that are 6019
provided for alleged or adjudicated unruly children, delinquent 6020
children, or juvenile traffic offenders or for children who are at 6021
risk of becoming unruly children, delinquent children, or juvenile 6022
traffic offenders. Consistent with division (B)(1) of this6023
section, a county and the juvenile court of a county shall not use 6024
any of those moneys for capital construction projects.6025

       (iii) Moneys in the fund shall not be used to support 6026
programs or services that do not comply with federal juvenile 6027
justice and delinquency prevention core requirements or to support 6028
programs or services that research has shown to be ineffective.6029

        (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

       (b) Each juvenile court shall comply with division (B)(3)(d) 6044
of this section as implemented by the department. If a juvenile 6045
court fails to comply with division (B)(3)(d) of this section, the 6046
department shall not be required to make any disbursements in 6047
accordance with division (C) or (D) of section 5139.41 or division 6048
(C)(2) of section 5139.34 of the Revised Code.6049

       (3) In accordance with rules adopted by the department6050
pursuant to division (D) of section 5139.04 of the Revised Code, 6051
each juvenile court and the county served by that juvenile court 6052
shall do all of the following that apply:6053

       (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 in6064
sections 121.37 and 121.38 of the Revised Code, whichever is 6065
applicable, and shall file that agreement and application with the6066
department for its approval. The annual grant agreement and 6067
application for funding shall include a method of ensuring equal6068
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 county6076
served by the juvenile court may expend the state subsidy funds6077
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 Revised6081
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 division6105
(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 fiscal6116
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 fiscal6132
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 shall6140
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 if6150
the unauthorized expenditures pertain to moneys allocated under6151
sections 5139.41 to 5139.43 of the Revised Code, the department 6152
shall deduct the amount of the unauthorized expenditures from the6153
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 fiscal6156
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 shall6161
deduct the amount of the unauthorized expenditures from the next6162
annual grant to the county pursuant to that section and shall6163
return that deducted amount to the state's general revenue fund.6164

       (C) The determination of which county a reduction of the 6165
care and custody allocation will be charged against for a 6166
particular youth shall be made as outlined below for all youths 6167
who do not qualify as public safety beds. The determination of 6168
which county a reduction of the care and custody allocation will 6169
be charged against shall be made as follows until each youth is 6170
released: 6171

       (1) In the event of a commitment, the reduction shall be 6172
charged against the committing county. 6173

       (2) In the event of a recommitment, the reduction shall be 6174
charged against the original committing county until the 6175
expiration of the minimum period of institutionalization under the 6176
original order of commitment or until the date on which the youth 6177
is admitted to the department of youth services pursuant to the 6178
order of recommitment, whichever is later. Reductions of the 6179
allocation shall be charged against the county that recommitted6180
the youth after the minimum expiration date of the original6181
commitment. 6182

       (3) In the event of a revocation of a release on parole, the 6183
reduction shall be charged against the county that revokes the 6184
youth's parole.6185

       (D) A juvenile court is not precluded by its allocation 6186
amount for the care and custody of felony delinquents from 6187
committing a felony delinquent to the department of youth services 6188
for care and custody in an institution or a community corrections 6189
facility when the juvenile court determines that the commitment is 6190
appropriate. 6191

       Sec. 5139.50.  (A) The release authority of the department of6192
youth services is hereby created as a bureau in the department.6193
The release authority shall consist of five members who are6194
appointed by the director of youth services and who have the6195
qualifications specified in division (B) of this section. The6196
members of the release authority shall devote their full time to6197
the duties of the release authority and shall neither seek nor6198
hold other public office. The members shall be in the unclassified 6199
civil service.6200

       (B) A person appointed as a member of the release authority6201
shall have a bachelor's degree from an accredited college or6202
university or equivalent relevant experience and shall have the6203
skills, training, or experience necessary to analyze issues of6204
law, administration, and public policy. The membership of the6205
release authority shall represent, insofar as practicable, the6206
diversity found in the children in the legal custody of the6207
department of youth services.6208

       In appointing the five members, the director shall ensure6209
that the appointments include all of the following:6210

       (1) At least four members who have five or more years of6211
experience in criminal justice, juvenile justice, or an equivalent6212
relevant profession;6213

       (2) At least one member who has experience in victim services 6214
or advocacy or who has been a victim of a crime or is a family 6215
member of a victim;6216

       (3) At least one member who has experience in direct care6217
services to delinquent children.6218

       (C) The initial appointments of members of the release6219
authority shall be for a term of six years for the chairperson and6220
one member, a term of four years for two members, and a term of6221
two years for one member. Thereafter, members shall be appointed6222
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 work6229
days, may appoint an interim member to fulfill the duties of that6230
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

       (D) The director of youth services shall designate as6235
chairperson of the release authority one of the members who has6236
experience in criminal justice, juvenile justice, or an equivalent6237
relevant profession. The chairperson shall be a managing officer6238
of the department, shall supervise the members of the board and6239
the other staff in the bureau, and shall perform all duties and6240
functions necessary to ensure that the release authority6241
discharges its responsibilities. The chairperson shall serve as6242
the official spokesperson for the release authority.6243

       (E) The release authority shall do all of the following:6244

       (1) Serve as the final and sole authority for making6245
decisions, in the interests of public safety and the children6246
involved, regarding the release and discharge of all children6247
committed to the legal custody of the department of youth6248
services, except children placed by a juvenile court on judicial6249
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

       (2) Establish written policies and procedures for conducting6255
reviews of the status for all youth in the custody of the6256
department, setting or modifying dates of release and discharge,6257
specifying the duration, terms, and conditions of release to be6258
carried out in supervised release subject to the addition of6259
additional consistent terms and conditions by a court in6260
accordance with section 5139.51 of the Revised Code, and giving a6261
child notice of all reviews;6262

       (3) Maintain records of its official actions, decisions,6263
orders, and hearing summaries and make the records accessible in6264
accordance with division (D) of section 5139.05 of the Revised6265
Code;6266

       (4) Cooperate with public and private agencies, communities,6267
private groups, and individuals for the development and6268
improvement of its services;6269

       (5) Collect, develop, and maintain statistical information6270
regarding its services and decisions;6271

       (6) Submit to the director an annual report that includes a6272
description of the operations of the release authority, an6273
evaluation of its effectiveness, recommendations for statutory,6274
budgetary, or other changes necessary to improve its6275
effectiveness, and any other information required by the director.6276

       (F) The release authority may do any of the following:6277

       (1) Conduct inquiries, investigations, and reviews and hold6278
hearings and other proceedings necessary to properly discharge its6279
responsibilities;6280

       (2) Issue subpoenas, enforceable in a court of law, to compel 6281
a person to appear, give testimony, or produce documentary6282
information or other tangible items relating to a matter under6283
inquiry, investigation, review, or hearing;6284

       (3) Administer oaths and receive testimony of persons under6285
oath;6286

       (4) Request assistance, services, and information from a6287
public agency to enable the authority to discharge its6288
responsibilities and receive the assistance, services, and6289
information from the public agency in a reasonable period of time;6290

       (5) Request from a public agency or any other entity that6291
provides or has provided services to a child committed to the6292
department's legal custody information to enable the release6293
authority to properly discharge its responsibilities with respect6294
to that child and receive the information from the public agency6295
or other entity in a reasonable period of time.6296

       (G) The release authority may delegate responsibilities to6297
hearing officers or other designated staff under the release6298
authority's auspices. However, the release authority shall not6299
delegate its authority to make final decisions regarding policy or6300
the release of a child.6301

       The release authority shall adopt a written policy and6302
procedures governing appeals of its release and discharge6303
decisions.6304

       (H) The legal staff of the department of youth services shall 6305
provide assistance to the release authority in the formulation of 6306
policy and in its handling of individual cases.6307

       Sec. 5145.01.  Courts shall impose sentences to a state6308
correctional institution for felonies pursuant to sections 2929.136309
and 2929.14 of the Revised Code. All prison terms may be ended in6310
the manner provided by law, but no prison term shall exceed the6311
maximum term provided for the felony of which the prisoner was6312
convicted as extended pursuant to section 2929.141, 2967.11, or6313
2967.28 of the Revised Code.6314

       If a prisoner is sentenced for two or more separate felonies,6315
the prisoner's term of imprisonment shall run as a concurrent6316
sentence, except if the consecutive sentence provisions of6317
sections 2929.14 and 2929.41 of the Revised Code apply. If6318
sentenced consecutively, for the purposes of sections 5145.01 to6319
5145.27 of the Revised Code, the prisoner shall be held to be6320
serving one continuous term of imprisonment.6321

       If a court imposes a sentence to a state correctional6322
institution for a felony of the fourth or fifth degree, the6323
department of rehabilitation and correction, notwithstanding the6324
court's designation of a state correctional institution as the6325
place of service of the sentence, may designate that the person6326
sentenced is to be housed in a county, multicounty, municipal,6327
municipal-county, or multicounty-municipal jail or workhouse if6328
authorized pursuant to section 5120.161 of the Revised Code.6329

       If, through oversight or otherwise, a person is sentenced to6330
a state correctional institution under a definite term for an6331
offense for which a definite term of imprisonment is not provided6332
by statute, the sentence shall not thereby become void, but the6333
person shall be subject to the liabilities of such sections and6334
receive the benefits thereof, as if the person had been sentenced6335
in the manner required by this section.6336

       As used in this section, "prison term" has the same meaning6337
as in section 2929.01 of the Revised Code.6338

       Sec. 5145.163. (A) As used in this section:6339

        (1) "Customer model enterprise" means an enterprise conducted 6340
under a federal prison industries enhancement certification 6341
program in which a private party participates in the enterprise 6342
only as a purchaser of goods and services.6343

       (2) "Employer model enterprise" means an enterprise conducted 6344
under a federal prison industries enhancement certification 6345
program in which a private party participates in the enterprise as 6346
an operator of the enterprise.6347

       (3) "Injury" means a diagnosable injury to an inmate 6348
supported by medical findings that it was sustained in the course 6349
of and arose out of authorized work activity that was an integral 6350
part of the inmate's participation in the Ohio penal industries 6351
program.6352

       (4) "Inmate" includesmeans any person who is committed to a6353
detention facility, who is in the custody of the department of6354
rehabilitation and correction, and who is participating in an6355
approved assignmentOhio penal industries program that is under 6356
the federal prison industries enhancement certification program. 6357
"Inmate" does not include a prisoner confined within a detention 6358
facility operated by or for a political subdivision.6359

       (2)(5) "Federal prison industries enhancement certification6360
program" means the program authorized pursuant to 18 U.S.C. 1761.6361

       (6) "Loss of earning capacity" means an impairment of the 6362
body of an inmate to a degree that makes the inmate unable to 6363
return to work activity under the Ohio penal industries program 6364
and results in a reduction of compensation earned by the inmate at 6365
the time the injury occurred.6366

        (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 inmate6369
shall purchase and be solely responsible to providecovered by a6370
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 shall6381
provide benefit payments for any inmate who sustains a compensable6382
injury while participating in the program. The benefit payments6383
shall compensate the inmate for any temporary or permanent loss of 6384
earning capacity that results from a compensable injury and is6385
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, the6394
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 program6398
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 disability6403
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

        (D) Private employers shall submit to the prison labor6410
advisory board as a requirement for participation in the federal6411
prison industries enhancement certification program proof of6412
liability coverage that meets or exceeds the requirements set6413
forth in 18 U.S.C. 1761(c)(3).6414

       (E) Inmates covered under this section are not employees of 6415
the department of rehabilitation and correction or the private6416
employer. Nothing in this section shall be construed as creating a 6417
contract for hire between the inmate and any other entity6418
participant in an enterprise.6419

       (F) Any(E) An inmate participating in the federal prison6420
industries enhancement certification program is ineligible to6421
receive compensation or benefits under Chapter 4121., 4123.,6422
4127., or 4131. of the Revised Code for any injury, death, or6423
occupational disease received in the course of, and arising out6424
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

       (G)(F) Any liabilitydisability benefit awarded for any 6430
injuryaward accepted by an inmate under this provisionsection6431
shall be the inmate's exclusive remedy against the insurer, the6432
private employerparticipant in an enterprise, and the state. If 6433
an inmate rejects an award or a disability claim is denied, the 6434
inmate may bring an action in the court of claims within the 6435
appropriate period of limitations.6436

       (H)(G) If any inmate awarded liabilitywho is paid disability6437
benefits under this provisionsection is recommitted to the 6438
custody of the department of rehabilitation and correction6439
reincarcerated, the benefits shall immediately cease but shall 6440
resume upon the inmate's subsequent parole or dischargerelease6441
from incarceration.6442

       Sec. 5149.06. (A) One of the primary duties of the field 6443
services section is to assist the counties in developing their own 6444
probation services on either a single-county or multiple-county 6445
basis. The section, within limits of available personnel and 6446
funds, may supervise selected probationers from local courts.6447

       (B) The adult parole authority probation services fund shall6448
be created in the state treasury. The fund shall consist of all6449
moneys that are paid to the treasurer of any county under section6450
2951.021 of the Revised Code for deposit into the county's6451
probation services fund established under division (A)(1) of6452
section 321.44 of the Revised Code and that subsequently are6453
appropriated and transferred to the adult parole authority6454
probation services fund under division (A)(2) of that section. The6455
chief of the adult parole authority, with the approval of the6456
director of the department of rehabilitation and correction, shall6457
use the money contained in the adult parole authority probation6458
services fund for probation-related expenses in the counties for6459
which the authority provides probation services. Probation-related6460
expenses may include specialized staff, purchase of equipment,6461
purchase of services, reconciliation programs for victims and6462
offenders, other treatment programs, including alcohol and drug6463
addiction programs certified under section 3793.06 of the Revised6464
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

       Section 3. Section 5120.07 of the Revised Code is hereby 6476
repealed, effective December 31, 2011.6477

       Section 4. The items of law contained in this act, and their 6478
applications, are severable. If any item of law contained in this 6479
act, or if any application of any item of law contained in this 6480
act, is held invalid, the invalidity does not affect other items 6481
of law contained in this act and their applications that can be 6482
given effect without the invalid item of law or application.6483

       Section 5.  Section 2929.14 of the Revised Code is presented 6484
in this act as a composite of the section as amended by both Sub. 6485
S.B. 184 and Sub. S.B. 220 of the 127th General Assembly. The 6486
General Assembly, applying the principle stated in division (B) 6487
of section 1.52 of the Revised Code that amendments are to be 6488
harmonized if reasonably capable of simultaneous operation, finds 6489
that the composite is the resulting version of the section in 6490
effect prior to the effective date of the section as presented in 6491
this act.6492