As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 538

Representative Patton 

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A BILL

To amend sections 2743.191, 2929.13, 2929.15,

1

2929.23, 2929.25, 2967.28, 2971.03, and 2971.05

2

and to enact section 2967.29 of the Revised Code

3

to require the imposition at sentencing or upon

4

release from prison of lifetime active global

5

positioning system device monitoring for Tier III

6

sex offenders/child-victim offenders.

7

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

Section 1. That sections 2743.191, 2929.13, 2929.15, 2929.23,	8
2929.25, 2967.28, 2971.03, and 2971.05 be amended and section	9
2967.29 of the Revised Code be enacted to read as follows:	10

Sec. 2743.191.  (A)(1) There is hereby created in the state	11
treasury the reparations fund, which shall be used only for the	12
following purposes:	13

(a) The payment of awards of reparations that are granted by	14
the attorney general;	15

(b) The compensation of any personnel needed by the attorney	16
general to administer sections 2743.51 to 2743.72 of the Revised	17
Code;	18

(c) The compensation of witnesses as provided in division (J)	19
of section 2743.65 of the Revised Code;	20

(d) Other administrative costs of hearing and determining	21
claims for an award of reparations by the attorney general;	22

(e) The costs of administering sections 2907.28 and 2969.01	23
to 2969.06 of the Revised Code;	24

(f) The costs of investigation and decision-making as	25
certified by the attorney general;	26

(g) The provision of state financial assistance to victim	27
assistance programs in accordance with sections 109.91 and 109.92	28
of the Revised Code;	29

(h) The costs of paying the expenses of sex offense-related	30
examinations and antibiotics pursuant to section 2907.28 of the	31
Revised Code;	32

(i) The cost of printing and distributing the pamphlet	33
prepared by the attorney general pursuant to section 109.42 of the	34
Revised Code;	35

(j) Subject to division (D) of section 2743.71 of the Revised	36
Code, the costs associated with the printing and providing of	37
information cards or other printed materials to law enforcement	38
agencies and prosecuting authorities and with publicizing the	39
availability of awards of reparations pursuant to section 2743.71	40
of the Revised Code;	41

(k) The payment of costs of administering a DNA specimen	42
collection procedure pursuant to sections 2152.74 and 2901.07 of	43
the Revised Code, of performing DNA analysis of those DNA	44
specimens, and of entering the resulting DNA records regarding	45
those analyses into the DNA database pursuant to section 109.573	46
of the Revised Code;	47

(l) The payment of actual costs associated with initiatives	48
by the attorney general for the apprehension, prosecution, and	49
accountability of offenders, and the enhancing of services to	50
crime victims. The amount of payments made pursuant to division	51
(A)(1)(l) of this section during any given fiscal year shall not	52
exceed five per cent of the balance of the reparations fund at the	53
close of the immediately previous fiscal year;	54

(m) The costs of administering the adult parole authority's	55
supervision pursuant to division (E) of section 2971.05 of the	56
Revised Code of sexually violent predators who are sentenced to a	57
prison term pursuant to division (A)(3) of section 2971.03 of the	58
Revised Code and of offenders who are sentenced to a prison term	59
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	60
(c), or (B)(3)(a), (b), (c), or (d) of that section;	61

(n) The costs of active global positioning system device	62
monitoring of an offender who is a tier III sex	63
offender/child-victim offender and who is indigent, under a	64
requirement imposed pursuant to division (L) of section 2929.13,	65
division (C) of section 2929.23, division (A)(5) or (B)(4) of	66
section 2971.03, or section 2967.29 of the Revised Code.	67

(2) All costs paid pursuant to section 2743.70 of the Revised	68
Code, the portions of license reinstatement fees mandated by	69
division (F)(2)(b) of section 4511.191 of the Revised Code to be	70
credited to the fund, the portions of the proceeds of the sale of	71
a forfeited vehicle specified in division (C)(2) of section	72
4503.234 of the Revised Code, payments collected by the department	73
of rehabilitation and correction from prisoners who voluntarily	74
participate in an approved work and training program pursuant to	75
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	76
all moneys collected by the state pursuant to its right of	77
subrogation provided in section 2743.72 of the Revised Code shall	78
be deposited in the fund.	79

(B) In making an award of reparations, the attorney general	80
shall render the award against the state. The award shall be	81
accomplished only through the following procedure, and the	82
following procedure may be enforced by writ of mandamus directed	83
to the appropriate official:	84

(1) The attorney general shall provide for payment of the	85
claimant or providers in the amount of the award only if the	86
amount of the award is fifty dollars or more.	87

(2) The expense shall be charged against all available	88
unencumbered moneys in the fund.	89

(3) If sufficient unencumbered moneys do not exist in the	90
fund, the attorney general shall make application for payment of	91
the award out of the emergency purposes account or any other	92
appropriation for emergencies or contingencies, and payment out of	93
this account or other appropriation shall be authorized if there	94
are sufficient moneys greater than the sum total of then pending	95
emergency purposes account requests or requests for releases from	96
the other appropriations.	97

(4) If sufficient moneys do not exist in the account or any	98
other appropriation for emergencies or contingencies to pay the	99
award, the attorney general shall request the general assembly to	100
make an appropriation sufficient to pay the award, and no payment	101
shall be made until the appropriation has been made. The attorney	102
general shall make this appropriation request during the current	103
biennium and during each succeeding biennium until a sufficient	104
appropriation is made. If, prior to the time that an appropriation	105
is made by the general assembly pursuant to this division, the	106
fund has sufficient unencumbered funds to pay the award or part of	107
the award, the available funds shall be used to pay the award or	108
part of the award, and the appropriation request shall be amended	109
to request only sufficient funds to pay that part of the award	110
that is unpaid.	111

(C) The attorney general shall not make payment on a decision	112
or order granting an award until all appeals have been determined	113
and all rights to appeal exhausted, except as otherwise provided	114
in this section. If any party to a claim for an award of	115
reparations appeals from only a portion of an award, and a	116
remaining portion provides for the payment of money by the state,	117
that part of the award calling for the payment of money by the	118
state and not a subject of the appeal shall be processed for	119
payment as described in this section.	120

(D) The attorney general shall prepare itemized bills for the	121
costs of printing and distributing the pamphlet the attorney	122
general prepares pursuant to section 109.42 of the Revised Code.	123
The itemized bills shall set forth the name and address of the	124
persons owed the amounts set forth in them.	125

(E) As used in this section, "DNA analysis" and "DNA	126
specimen" have the same meanings as in section 109.573 of the	127
Revised Code.	128

Sec. 2929.13.  (A) Except as provided in division (E), (F),	129
or (G) of this section and unless a specific sanction is required	130
to be imposed or is precluded from being imposed pursuant to law,	131
a court that imposes a sentence upon an offender for a felony may	132
impose any sanction or combination of sanctions on the offender	133
that are provided in sections 2929.14 to 2929.18 of the Revised	134
Code. The sentence shall not impose an unnecessary burden on state	135
or local government resources.	136

If the offender is eligible to be sentenced to community	137
control sanctions, the court shall consider the appropriateness of	138
imposing a financial sanction pursuant to section 2929.18 of the	139
Revised Code or a sanction of community service pursuant to	140
section 2929.17 of the Revised Code as the sole sanction for the	141
offense. Except as otherwise provided in this division, if the	142
court is required to impose a mandatory prison term for the	143
offense for which sentence is being imposed, the court also may	144
impose a financial sanction pursuant to section 2929.18 of the	145
Revised Code but may not impose any additional sanction or	146
combination of sanctions under section 2929.16 or 2929.17 of the	147
Revised Code.	148

If the offender is being sentenced for a fourth degree felony	149
OVI offense or for a third degree felony OVI offense, in addition	150
to the mandatory term of local incarceration or the mandatory	151
prison term required for the offense by division (G)(1) or (2) of	152
this section, the court shall impose upon the offender a mandatory	153
fine in accordance with division (B)(3) of section 2929.18 of the	154
Revised Code and may impose whichever of the following is	155
applicable:	156

(1) For a fourth degree felony OVI offense for which sentence	157
is imposed under division (G)(1) of this section, an additional	158
community control sanction or combination of community control	159
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	160
the court imposes upon the offender a community control sanction	161
and the offender violates any condition of the community control	162
sanction, the court may take any action prescribed in division (B)	163
of section 2929.15 of the Revised Code relative to the offender,	164
including imposing a prison term on the offender pursuant to that	165
division.	166

(2) For a third or fourth degree felony OVI offense for which	167
sentence is imposed under division (G)(2) of this section, an	168
additional prison term as described in division (D)(4) of section	169
2929.14 of the Revised Code or a community control sanction as	170
described in division (G)(2) of this section.	171

(B)(1) Except as provided in division (B)(2), (E), (F), or	172
(G) of this section, in sentencing an offender for a felony of the	173
fourth or fifth degree, the sentencing court shall determine	174
whether any of the following apply:	175

(a) In committing the offense, the offender caused physical	176
harm to a person.	177

(b) In committing the offense, the offender attempted to	178
cause or made an actual threat of physical harm to a person with a	179
deadly weapon.	180

(c) In committing the offense, the offender attempted to	181
cause or made an actual threat of physical harm to a person, and	182
the offender previously was convicted of an offense that caused	183
physical harm to a person.	184

(d) The offender held a public office or position of trust	185
and the offense related to that office or position; the offender's	186
position obliged the offender to prevent the offense or to bring	187
those committing it to justice; or the offender's professional	188
reputation or position facilitated the offense or was likely to	189
influence the future conduct of others.	190

(e) The offender committed the offense for hire or as part of	191
an organized criminal activity.	192

(f) The offense is a sex offense that is a fourth or fifth	193
degree felony violation of section 2907.03, 2907.04, 2907.05,	194
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	195
Revised Code.	196

(g) The offender at the time of the offense was serving, or	197
the offender previously had served, a prison term.	198

(h) The offender committed the offense while under a	199
community control sanction, while on probation, or while released	200
from custody on a bond or personal recognizance.	201

(i) The offender committed the offense while in possession of	202
a firearm.	203

(2)(a) If the court makes a finding described in division	204
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	205
section and if the court, after considering the factors set forth	206
in section 2929.12 of the Revised Code, finds that a prison term	207
is consistent with the purposes and principles of sentencing set	208
forth in section 2929.11 of the Revised Code and finds that the	209
offender is not amenable to an available community control	210
sanction, the court shall impose a prison term upon the offender.	211

(b) Except as provided in division (E), (F), or (G) of this	212
section, if the court does not make a finding described in	213
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	214
this section and if the court, after considering the factors set	215
forth in section 2929.12 of the Revised Code, finds that a	216
community control sanction or combination of community control	217
sanctions is consistent with the purposes and principles of	218
sentencing set forth in section 2929.11 of the Revised Code, the	219
court shall impose a community control sanction or combination of	220
community control sanctions upon the offender.	221

(C) Except as provided in division (D), (E), (F), or (G) of	222
this section, in determining whether to impose a prison term as a	223
sanction for a felony of the third degree or a felony drug offense	224
that is a violation of a provision of Chapter 2925. of the Revised	225
Code and that is specified as being subject to this division for	226
purposes of sentencing, the sentencing court shall comply with the	227
purposes and principles of sentencing under section 2929.11 of the	228
Revised Code and with section 2929.12 of the Revised Code.	229

(D)(1) Except as provided in division (E) or (F) of this	230
section, for a felony of the first or second degree, for a felony	231
drug offense that is a violation of any provision of Chapter	232
2925., 3719., or 4729. of the Revised Code for which a presumption	233
in favor of a prison term is specified as being applicable, and	234
for a violation of division (A)(4) or (B) of section 2907.05 of	235
the Revised Code for which a presumption in favor of a prison term	236
is specified as being applicable, it is presumed that a prison	237
term is necessary in order to comply with the purposes and	238
principles of sentencing under section 2929.11 of the Revised	239
Code. Division (D)(2) of this section does not apply to a	240
presumption established under this division for a violation of	241
division (A)(4) of section 2907.05 of the Revised Code.	242

(2) Notwithstanding the presumption established under	243
division (D)(1) of this section for the offenses listed in that	244
division other than a violation of division (A)(4) or (B) of	245
section 2907.05 of the Revised Code, the sentencing court may	246
impose a community control sanction or a combination of community	247
control sanctions instead of a prison term on an offender for a	248
felony of the first or second degree or for a felony drug offense	249
that is a violation of any provision of Chapter 2925., 3719., or	250
4729. of the Revised Code for which a presumption in favor of a	251
prison term is specified as being applicable if it makes both of	252
the following findings:	253

(a) A community control sanction or a combination of	254
community control sanctions would adequately punish the offender	255
and protect the public from future crime, because the applicable	256
factors under section 2929.12 of the Revised Code indicating a	257
lesser likelihood of recidivism outweigh the applicable factors	258
under that section indicating a greater likelihood of recidivism.	259

(b) A community control sanction or a combination of	260
community control sanctions would not demean the seriousness of	261
the offense, because one or more factors under section 2929.12 of	262
the Revised Code that indicate that the offender's conduct was	263
less serious than conduct normally constituting the offense are	264
applicable, and they outweigh the applicable factors under that	265
section that indicate that the offender's conduct was more serious	266
than conduct normally constituting the offense.	267

(E)(1) Except as provided in division (F) of this section,	268
for any drug offense that is a violation of any provision of	269
Chapter 2925. of the Revised Code and that is a felony of the	270
third, fourth, or fifth degree, the applicability of a presumption	271
under division (D) of this section in favor of a prison term or of	272
division (B) or (C) of this section in determining whether to	273
impose a prison term for the offense shall be determined as	274
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	275
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	276
Revised Code, whichever is applicable regarding the violation.	277

(2) If an offender who was convicted of or pleaded guilty to	278
a felony violates the conditions of a community control sanction	279
imposed for the offense solely by reason of producing positive	280
results on a drug test, the court, as punishment for the violation	281
of the sanction, shall not order that the offender be imprisoned	282
unless the court determines on the record either of the following:	283

(a) The offender had been ordered as a sanction for the	284
felony to participate in a drug treatment program, in a drug	285
education program, or in narcotics anonymous or a similar program,	286
and the offender continued to use illegal drugs after a reasonable	287
period of participation in the program.	288

(b) The imprisonment of the offender for the violation is	289
consistent with the purposes and principles of sentencing set	290
forth in section 2929.11 of the Revised Code.	291

(F) Notwithstanding divisions (A) to (E) of this section, the	292
court shall impose a prison term or terms under sections 2929.02	293
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	294
of the Revised Code and except as specifically provided in section	295
2929.20 or 2967.191 of the Revised Code or when parole is	296
authorized for the offense under section 2967.13 of the Revised	297
Code shall not reduce the term or terms pursuant to section	298
2929.20, section 2967.193, or any other provision of Chapter 2967.	299
or Chapter 5120. of the Revised Code for any of the following	300
offenses:	301

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

302

(2) Any rape, regardless of whether force was involved and	303
regardless of the age of the victim, or an attempt to commit rape	304
if, had the offender completed the rape that was attempted, the	305
offender would have been guilty of a violation of division	306
(A)(1)(b) of section 2907.02 of the Revised Code and would be	307
sentenced under section 2971.03 of the Revised Code;	308

(3) Gross sexual imposition or sexual battery, if the victim	309
is less than thirteen years of age and if any of the following	310
applies:	311

(a) Regarding gross sexual imposition, the offender	312
previously was convicted of or pleaded guilty to rape, the former	313
offense of felonious sexual penetration, gross sexual imposition,	314
or sexual battery, and the victim of the previous offense was	315
less than thirteen years of age;	316

(b) Regarding gross sexual imposition, the offense was	317
committed on or after August 3, 2006, and evidence other than the	318
testimony of the victim was admitted in the case corroborating the	319
violation.	320

(c) Regarding sexual battery, either of the following	321
applies:	322

(i) The offense was committed prior to August 3, 2006, the	323
offender previously was convicted of or pleaded guilty to rape,	324
the former offense of felonious sexual penetration, or sexual	325
battery, and the victim of the previous offense was less than	326
thirteen years of age.	327

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

328

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	329
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	330
requires the imposition of a prison term;	331

(5) A first, second, or third degree felony drug offense for	332
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	333
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	334
4729.99 of the Revised Code, whichever is applicable regarding the	335
violation, requires the imposition of a mandatory prison term;	336

(6) Any offense that is a first or second degree felony and	337
that is not set forth in division (F)(1), (2), (3), or (4) of this	338
section, if the offender previously was convicted of or pleaded	339
guilty to aggravated murder, murder, any first or second degree	340
felony, or an offense under an existing or former law of this	341
state, another state, or the United States that is or was	342
substantially equivalent to one of those offenses;	343

(7) Any offense that is a third degree felony and either is	344
a violation of section 2903.04 of the Revised Code or an attempt	345
to commit a felony of the second degree that is an offense of	346
violence and involved an attempt to cause serious physical harm to	347
a person or that resulted in serious physical harm to a person if	348
the offender previously was convicted of or pleaded guilty to any	349
of the following offenses:	350

(a) Aggravated murder, murder, involuntary manslaughter,	351
rape, felonious sexual penetration as it existed under section	352
2907.12 of the Revised Code prior to September 3, 1996, a felony	353
of the first or second degree that resulted in the death of a	354
person or in physical harm to a person, or complicity in or an	355
attempt to commit any of those offenses;	356

(b) An offense under an existing or former law of this state,	357
another state, or the United States that is or was substantially	358
equivalent to an offense listed in division (F)(7)(a) of this	359
section that resulted in the death of a person or in physical harm	360
to a person.	361

(8) Any offense, other than a violation of section 2923.12 of	362
the Revised Code, that is a felony, if the offender had a firearm	363
on or about the offender's person or under the offender's control	364
while committing the felony, with respect to a portion of the	365
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	366
of the Revised Code for having the firearm;	367

(9) Any offense of violence that is a felony, if the offender	368
wore or carried body armor while committing the felony offense of	369
violence, with respect to the portion of the sentence imposed	370
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	371
Code for wearing or carrying the body armor;	372

(10) Corrupt activity in violation of section 2923.32 of the	373
Revised Code when the most serious offense in the pattern of	374
corrupt activity that is the basis of the offense is a felony of	375
the first degree;	376

(11) Any violent sex offense or designated homicide, assault,	377
or kidnapping offense if, in relation to that offense, the	378
offender is adjudicated a sexually violent predator;	379

(12) A violation of division (A)(1) or (2) of section 2921.36	380
of the Revised Code, or a violation of division (C) of that	381
section involving an item listed in division (A)(1) or (2) of that	382
section, if the offender is an officer or employee of the	383
department of rehabilitation and correction;	384

(13) A violation of division (A)(1) or (2) of section 2903.06	385
of the Revised Code if the victim of the offense is a peace	386
officer, as defined in section 2935.01 of the Revised Code, or an	387
investigator of the bureau of criminal identification and	388
investigation, as defined in section 2903.11 of the Revised Code,	389
with respect to the portion of the sentence imposed pursuant to	390
division (D)(5) of section 2929.14 of the Revised Code;	391

(14) A violation of division (A)(1) or (2) of section 2903.06	392
of the Revised Code if the offender has been convicted of or	393
pleaded guilty to three or more violations of division (A) or (B)	394
of section 4511.19 of the Revised Code or an equivalent offense,	395
as defined in section 2941.1415 of the Revised Code, or three or	396
more violations of any combination of those divisions and	397
offenses, with respect to the portion of the sentence imposed	398
pursuant to division (D)(6) of section 2929.14 of the Revised	399
Code;	400

(15) Kidnapping, in the circumstances specified in section	401
2971.03 of the Revised Code and when no other provision of	402
division (F) of this section applies.	403

(G) Notwithstanding divisions (A) to (E) of this section, if	404
an offender is being sentenced for a fourth degree felony OVI	405
offense or for a third degree felony OVI offense, the court shall	406
impose upon the offender a mandatory term of local incarceration	407
or a mandatory prison term in accordance with the following:	408

(1) If the offender is being sentenced for a fourth degree	409
felony OVI offense and if the offender has not been convicted of	410
and has not pleaded guilty to a specification of the type	411
described in section 2941.1413 of the Revised Code, the court may	412
impose upon the offender a mandatory term of local incarceration	413
of sixty days or one hundred twenty days as specified in division	414
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	415
not reduce the term pursuant to section 2929.20, 2967.193, or any	416
other provision of the Revised Code. The court that imposes a	417
mandatory term of local incarceration under this division shall	418
specify whether the term is to be served in a jail, a	419
community-based correctional facility, a halfway house, or an	420
alternative residential facility, and the offender shall serve the	421
term in the type of facility specified by the court. A mandatory	422
term of local incarceration imposed under division (G)(1) of this	423
section is not subject to extension under section 2967.11 of the	424
Revised Code, to a period of post-release control under section	425
2967.28 of the Revised Code, or to any other Revised Code	426
provision that pertains to a prison term except as provided in	427
division (A)(1) of this section.	428

(2) If the offender is being sentenced for a third degree	429
felony OVI offense, or if the offender is being sentenced for a	430
fourth degree felony OVI offense and the court does not impose a	431
mandatory term of local incarceration under division (G)(1) of	432
this section, the court shall impose upon the offender a mandatory	433
prison term of one, two, three, four, or five years if the	434
offender also is convicted of or also pleads guilty to a	435
specification of the type described in section 2941.1413 of the	436
Revised Code or shall impose upon the offender a mandatory prison	437
term of sixty days or one hundred twenty days as specified in	438
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	439
if the offender has not been convicted of and has not pleaded	440
guilty to a specification of that type. The court shall not reduce	441
the term pursuant to section 2929.20, 2967.193, or any other	442
provision of the Revised Code. The offender shall serve the one-,	443
two-, three-, four-, or five-year mandatory prison term	444
consecutively to and prior to the prison term imposed for the	445
underlying offense and consecutively to any other mandatory prison	446
term imposed in relation to the offense. In no case shall an	447
offender who once has been sentenced to a mandatory term of local	448
incarceration pursuant to division (G)(1) of this section for a	449
fourth degree felony OVI offense be sentenced to another mandatory	450
term of local incarceration under that division for any violation	451
of division (A) of section 4511.19 of the Revised Code. In	452
addition to the mandatory prison term described in division (G)(2)	453
of this section, the court may sentence the offender to a	454
community control sanction under section 2929.16 or 2929.17 of the	455
Revised Code, but the offender shall serve the prison term prior	456
to serving the community control sanction. The department of	457
rehabilitation and correction may place an offender sentenced to a	458
mandatory prison term under this division in an intensive program	459
prison established pursuant to section 5120.033 of the Revised	460
Code if the department gave the sentencing judge prior notice of	461
its intent to place the offender in an intensive program prison	462
established under that section and if the judge did not notify the	463
department that the judge disapproved the placement. Upon the	464
establishment of the initial intensive program prison pursuant to	465
section 5120.033 of the Revised Code that is privately operated	466
and managed by a contractor pursuant to a contract entered into	467
under section 9.06 of the Revised Code, both of the following	468
apply:	469

(a) The department of rehabilitation and correction shall	470
make a reasonable effort to ensure that a sufficient number of	471
offenders sentenced to a mandatory prison term under this division	472
are placed in the privately operated and managed prison so that	473
the privately operated and managed prison has full occupancy.	474

(b) Unless the privately operated and managed prison has full	475
occupancy, the department of rehabilitation and correction shall	476
not place any offender sentenced to a mandatory prison term under	477
this division in any intensive program prison established pursuant	478
to section 5120.033 of the Revised Code other than the privately	479
operated and managed prison.	480

(H) If an offender is being sentenced for a sexually oriented	481
offense or child-victim oriented offense that is a felony	482
committed on or after January 1, 1997, the judge shall require the	483
offender to submit to a DNA specimen collection procedure pursuant	484
to section 2901.07 of the Revised Code.	485

(I) If an offender is being sentenced for a sexually oriented	486
offense or a child-victim oriented offense committed on or after	487
January 1, 1997, the judge shall include in the sentence a	488
summary of the offender's duties imposed under sections 2950.04,	489
2950.041, 2950.05, and 2950.06 of the Revised Code and the	490
duration of the duties. The judge shall inform the offender, at	491
the time of sentencing, of those duties and of their duration. If	492
required under division (A)(2) of section 2950.03 of the Revised	493
Code, the judge shall perform the duties specified in that	494
section, or, if required under division (A)(6) of section 2950.03	495
of the Revised Code, the judge shall perform the duties specified	496
in that division.	497

(J)(1) Except as provided in division (J)(2) of this section,	498
when considering sentencing factors under this section in relation	499
to an offender who is convicted of or pleads guilty to an attempt	500
to commit an offense in violation of section 2923.02 of the	501
Revised Code, the sentencing court shall consider the factors	502
applicable to the felony category of the violation of section	503
2923.02 of the Revised Code instead of the factors applicable to	504
the felony category of the offense attempted.	505

(2) When considering sentencing factors under this section in	506
relation to an offender who is convicted of or pleads guilty to an	507
attempt to commit a drug abuse offense for which the penalty is	508
determined by the amount or number of unit doses of the controlled	509
substance involved in the drug abuse offense, the sentencing court	510
shall consider the factors applicable to the felony category that	511
the drug abuse offense attempted would be if that drug abuse	512
offense had been committed and had involved an amount or number of	513
unit doses of the controlled substance that is within the next	514
lower range of controlled substance amounts than was involved in	515
the attempt.	516

(K) As used in this section, "drug abuse offense" has the	517
same meaning as in section 2925.01 of the Revised Code.	518

(L) At the time of sentencing an offender for any sexually	519
oriented offense or child-victim oriented offense, if the offender	520
is a tier III sex offender/child-victim offender relative to	521
that offense and the offender does not serve a prison term or	522
jail term, in addition to imposing on the offender any penalty,	523
sanction, or other restriction or duty that is authorized or	524
required by law, the court mayshall require that the offender be	525
monitored by means of aan active global positioning system	526
device. If the court requires such monitoring,during the entire	527
duration, as determined pursuant to division (B) of section	528
2950.07 of the Revised Code, of the offender's duty to comply with	529
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	530
Code. The court shall include the requirement in the offender's	531
sentence and shall describe it in the summary required under	532
division (I) of this section. If the court sentences the offender	533
to a prison term or jail term, the court shall order that the	534
monitoring commence on the date of the offender's release from	535
prison or jail. If the court does not sentence the offender to a	536
prison term or jail term, the court shall order that the	537
monitoring commence on the date of entry of the judgment of	538
conviction of the sexually oriented offense or child-victim	539
oriented offense. The offender shall bear the cost of monitoring	540
shall be borne by the offender. If the offender is indigent, the	541
cost of compliance shall be paid by the crime victims	542
reparations fund.	543

The court shall place the offender under the general control	544
and supervision of the adult parole authority for purposes of the	545
monitoring and the reporting to the court of a violation of the	546
monitoring requirement, including the offender's unauthorized	547
removal of the monitoring device. Divisions (A)(2)(b) and (B) of	548
section 2929.15 of the Revised Code apply to the monitoring	549
requirement as if it were a community control sanction imposed	550
upon an offender under that section. For all other purposes,	551
including the five-year duration limitation set forth in division	552
(A)(1) of section 2929.15 of the Revised Code, the monitoring	553
requirement shall not be considered to be a community control	554
sanction.	555

Sec. 2929.15.  (A)(1) If in sentencing an offender for a	556
felony the court is not required to impose a prison term, a	557
mandatory prison term, or a term of life imprisonment upon the	558
offender, the court may directly impose a sentence that consists	559
of one or more community control sanctions authorized pursuant to	560
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	561
court is sentencing an offender for a fourth degree felony OVI	562
offense under division (G)(1) of section 2929.13 of the Revised	563
Code, in addition to the mandatory term of local incarceration	564
imposed under that division and the mandatory fine required by	565
division (B)(3) of section 2929.18 of the Revised Code, the court	566
may impose upon the offender a community control sanction or	567
combination of community control sanctions in accordance with	568
sections 2929.16 and 2929.17 of the Revised Code. If the court is	569
sentencing an offender for a third or fourth degree felony OVI	570
offense under division (G)(2) of section 2929.13 of the Revised	571
Code, in addition to the mandatory prison term or mandatory prison	572
term and additional prison term imposed under that division, the	573
court also may impose upon the offender a community control	574
sanction or combination of community control sanctions under	575
section 2929.16 or 2929.17 of the Revised Code, but the offender	576
shall serve all of the prison terms so imposed prior to serving	577
the community control sanction. If the court is sentencing an	578
offender for a sexually oriented offense or child-victim oriented	579
offense and the offender is a tier III sex offender/child-victim	580
offender relative to that offense, no community control sanction	581
imposed upon the offender under this division shall interfere with	582
the mandatory active global positioning system device monitoring	583
of the offender required by division (L) of section 2929.13 of the	584
Revised Code.	585

The duration of all community control sanctions imposed upon	586
an offender under this division shall not exceed five years. If	587
the offender absconds or otherwise leaves the jurisdiction of the	588
court in which the offender resides without obtaining permission	589
from the court or the offender's probation officer to leave the	590
jurisdiction of the court, or if the offender is confined in any	591
institution for the commission of any offense while under a	592
community control sanction, the period of the community control	593
sanction ceases to run until the offender is brought before the	594
court for its further action. If the court sentences the offender	595
to one or more nonresidential sanctions under section 2929.17 of	596
the Revised Code, the court shall impose as a condition of the	597
nonresidential sanctions that, during the period of the sanctions,	598
the offender must abide by the law and must not leave the state	599
without the permission of the court or the offender's probation	600
officer. The court may impose any other conditions of release	601
under a community control sanction that the court considers	602
appropriate, including, but not limited to, requiring that the	603
offender not ingest or be injected with a drug of abuse and submit	604
to random drug testing as provided in division (D) of this section	605
to determine whether the offender ingested or was injected with a	606
drug of abuse and requiring that the results of the drug test	607
indicate that the offender did not ingest or was not injected with	608
a drug of abuse.	609

(2)(a) If a court sentences an offender to any community	610
control sanction or combination of community control sanctions	611
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	612
Revised Code, the court shall place the offender under the general	613
control and supervision of a department of probation in the county	614
that serves the court for purposes of reporting to the court a	615
violation of any condition of the sanctions, any condition of	616
release under a community control sanction imposed by the court, a	617
violation of law, or the departure of the offender from this state	618
without the permission of the court or the offender's probation	619
officer. Alternatively, if the offender resides in another county	620
and a county department of probation has been established in that	621
county or that county is served by a multicounty probation	622
department established under section 2301.27 of the Revised Code,	623
the court may request the court of common pleas of that county to	624
receive the offender into the general control and supervision of	625
that county or multicounty department of probation for purposes of	626
reporting to the court a violation of any condition of the	627
sanctions, any condition of release under a community control	628
sanction imposed by the court, a violation of law, or the	629
departure of the offender from this state without the permission	630
of the court or the offender's probation officer, subject to the	631
jurisdiction of the trial judge over and with respect to the	632
person of the offender, and to the rules governing that department	633
of probation.	634

If there is no department of probation in the county that	635
serves the court, the court shall place the offender, regardless	636
of the offender's county of residence, under the general control	637
and supervision of the adult parole authority for purposes of	638
reporting to the court a violation of any of the sanctions, any	639
condition of release under a community control sanction imposed by	640
the court, a violation of law, or the departure of the offender	641
from this state without the permission of the court or the	642
offender's probation officer.	643

(b) If the court imposing sentence upon an offender sentences	644
the offender to any community control sanction or combination of	645
community control sanctions authorized pursuant to section	646
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	647
offender violates any condition of the sanctions, any condition of	648
release under a community control sanction imposed by the court,	649
violates any law, or departs the state without the permission of	650
the court or the offender's probation officer, the public or	651
private person or entity that operates or administers the sanction	652
or the program or activity that comprises the sanction shall	653
report the violation or departure directly to the sentencing	654
court, or shall report the violation or departure to the county or	655
multicounty department of probation with general control and	656
supervision over the offender under division (A)(2)(a) of this	657
section or the officer of that department who supervises the	658
offender, or, if there is no such department with general control	659
and supervision over the offender under that division, to the	660
adult parole authority. If the public or private person or entity	661
that operates or administers the sanction or the program or	662
activity that comprises the sanction reports the violation or	663
departure to the county or multicounty department of probation or	664
the adult parole authority, the department's or authority's	665
officers may treat the offender as if the offender were on	666
probation and in violation of the probation, and shall report the	667
violation of the condition of the sanction, any condition of	668
release under a community control sanction imposed by the court,	669
the violation of law, or the departure from the state without the	670
required permission to the sentencing court.	671

(B) If the conditions of a community control sanction are	672
violated or if the offender violates a law or leaves the state	673
without the permission of the court or the offender's probation	674
officer, the sentencing court may impose a longer time under the	675
same sanction if the total time under the sanctions does not	676
exceed the five-year limit specified in division (A) of this	677
section, may impose a more restrictive sanction under section	678
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a	679
prison term on the offender pursuant to section 2929.14 of the	680
Revised Code. The prison term, if any, imposed upon a violator	681
pursuant to this division shall be within the range of prison	682
terms available for the offense for which the sanction that was	683
violated was imposed and shall not exceed the prison term	684
specified in the notice provided to the offender at the sentencing	685
hearing pursuant to division (B)(3) of section 2929.19 of the	686
Revised Code. The court may reduce the longer period of time that	687
the offender is required to spend under the longer sanction, the	688
more restrictive sanction, or a prison term imposed pursuant to	689
this division by the time the offender successfully spent under	690
the sanction that was initially imposed.	691

(C) If an offender, for a significant period of time,	692
fulfills the conditions of a sanction imposed pursuant to section	693
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	694
manner, the court may reduce the period of time under the sanction	695
or impose a less restrictive sanction, but the court shall not	696
permit the offender to violate any law or permit the offender to	697
leave the state without the permission of the court or the	698
offender's probation officer.	699

(D)(1) If a court under division (A)(1) of this section	700
imposes a condition of release under a community control sanction	701
that requires the offender to submit to random drug testing, the	702
department of probation or the adult parole authority that has	703
general control and supervision of the offender under division	704
(A)(2)(a) of this section may cause the offender to submit to	705
random drug testing performed by a laboratory or entity that has	706
entered into a contract with any of the governmental entities or	707
officers authorized to enter into a contract with that laboratory	708
or entity under section 341.26, 753.33, or 5120.63 of the Revised	709
Code.	710

(2) If no laboratory or entity described in division (D)(1)	711
of this section has entered into a contract as specified in that	712
division, the department of probation or the adult parole	713
authority that has general control and supervision of the offender	714
under division (A)(2)(a) of this section shall cause the offender	715
to submit to random drug testing performed by a reputable public	716
laboratory to determine whether the individual who is the subject	717
of the drug test ingested or was injected with a drug of abuse.	718

(3) A laboratory or entity that has entered into a contract	719
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	720
shall perform the random drug tests under division (D)(1) of this	721
section in accordance with the applicable standards that are	722
included in the terms of that contract. A public laboratory shall	723
perform the random drug tests under division (D)(2) of this	724
section in accordance with the standards set forth in the policies	725
and procedures established by the department of rehabilitation and	726
correction pursuant to section 5120.63 of the Revised Code. An	727
offender who is required under division (A)(1) of this section to	728
submit to random drug testing as a condition of release under a	729
community control sanction and whose test results indicate that	730
the offender ingested or was injected with a drug of abuse shall	731
pay the fee for the drug test if the department of probation or	732
the adult parole authority that has general control and	733
supervision of the offender requires payment of a fee. A	734
laboratory or entity that performs the random drug testing on an	735
offender under division (D)(1) or (2) of this section shall	736
transmit the results of the drug test to the appropriate	737
department of probation or the adult parole authority that has	738
general control and supervision of the offender under division	739
(A)(2)(a) of this section.	740

Sec. 2929.23.  (A) If an offender is being sentenced for a	741
sexually oriented offense or child-victim oriented offense that is	742
a misdemeanor committed on or after January 1, 1997, and the	743
offender is a tier III sex offender/child-victim offender	744
relative to the offense or the offense is any offense listed in	745
division (D)(1) to (3) of section 2901.07 of the Revised Code,	746
the judge shall include in the offender's sentence a statement	747
that the offender is a tier III sex offender/child-victim	748
offender, shall comply with the requirements of section 2950.03	749
of the Revised Code, and shall require the offender to submit to	750
a DNA specimen collection procedure pursuant to section 2901.07	751
of the Revised Code.	752

(B) If an offender is being sentenced for a sexually	753
oriented offense or a child-victim oriented offense that is a	754
misdemeanor committed on or after January 1, 1997, the judge shall	755
include in the sentence a summary of the offender's duties imposed	756
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	757
Revised Code and the duration of the duties. The judge shall	758
inform the offender, at the time of sentencing, of those duties	759
and of their duration. If required under division (A)(2) of	760
section 2950.03 of the Revised Code, the judge shall perform the	761
duties specified in that section or, if required under division	762
(A)(6) of section 2950.03 of the Revised Code, the judge shall	763
perform the duties specified in that division.	764

(C) At the time of sentencing an offender for any sexually	765
oriented offense or child-victim oriented offense that is a	766
misdemeanor, if the offender is a tier III sex	767
offender/child-victim offender relative to that offense, in	768
addition to imposing on the offender any penalty, sanction, or	769
other restriction or duty that is authorized or required by law,	770
the court shall require that the offender be monitored by means of	771
an active global positioning system device during the entire	772
duration, as determined pursuant to division (B) of section	773
2950.07 of the Revised Code, of the offender's duty to comply with	774
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	775
Code. The court shall include the requirement in the offender's	776
sentence and shall describe it in the summary required under	777
division (B) of this section. If the court sentences the offender	778
to a jail term, the court shall order that the monitoring commence	779
on the date of the offender's release from jail. If the court does	780
not sentence the offender to a jail term, the court shall order	781
that the monitoring commence on the date of entry of the judgment	782
of conviction of the sexually oriented offense or child-victim	783
oriented offense. The offender shall bear the cost of monitoring.	784
If the offender is indigent, the crime victims reparations fund	785
shall pay the cost of compliance.	786

The court shall place the offender under the general control	787
and supervision of the adult parole authority for purposes of the	788
monitoring and the reporting to the court of a violation of the	789
monitoring requirement, including the offender's unauthorized	790
removal of the monitoring device. Divisions (C)(1) and (2) of	791
section 2929.25 of the Revised Code apply to the monitoring	792
requirement as if it were a community control sanction imposed	793
upon an offender under that section. For all other purposes,	794
including the five-year duration limitation set forth in division	795
(A)(2) of section 2929.25 of the Revised Code, the monitoring	796
requirement shall not be considered to be a community control	797
sanction.	798

Sec. 2929.25.  (A)(1) Except as provided in sections 2929.22	799
and 2929.23 of the Revised Code or when a jail term is required by	800
law, in sentencing an offender for a misdemeanor, other than a	801
minor misdemeanor, the sentencing court may do either of the	802
following:	803

(a) Directly impose a sentence that consists of one or more	804
community control sanctions authorized by section 2929.26,	805
2929.27, or 2929.28 of the Revised Code. The court may impose any	806
other conditions of release under a community control sanction	807
that the court considers appropriate. If the court imposes a jail	808
term upon the offender, the court may impose any community control	809
sanction or combination of community control sanctions in addition	810
to the jail term. If the court is sentencing an offender for a	811
sexually oriented offense or child-victim oriented offense and the	812
offender is a tier III sex offender/child-victim offender relative	813
to that offense, no community control sanction imposed upon the	814
offender under this division shall interfere with the mandatory	815
active global positioning system device monitoring of the offender	816
required by division (C) of section 2929.23 of the Revised Code.	817

(b) Impose a jail term under section 2929.24 of the Revised	818
Code from the range of jail terms authorized under that section	819
for the offense, suspend all or a portion of the jail term	820
imposed, and place the offender under a community control sanction	821
or combination of community control sanctions authorized under	822
section 2929.26, 2929.27, or 2929.28 of the Revised Code.	823

(2) The duration of all community control sanctions imposed	824
upon an offender and in effect for an offender at any time shall	825
not exceed five years.	826

(3) At sentencing, if a court directly imposes a community	827
control sanction or combination of community control sanctions	828
pursuant to division (A)(1)(a) of this section, the court shall	829
state the duration of the community control sanctions imposed and	830
shall notify the offender that if any of the conditions of the	831
community control sanctions are violated the court may do any of	832
the following:	833

(a) Impose a longer time under the same community control	834
sanction if the total time under all of the offender's community	835
control sanctions does not exceed the five-year limit specified in	836
division (A)(2) of this section;	837

(b) Impose a more restrictive community control sanction	838
under section 2929.26, 2929.27, or 2929.28 of the Revised Code,	839
but the court is not required to impose any particular sanction or	840
sanctions;	841

(c) Impose a definite jail term from the range of jail terms	842
authorized for the offense under section 2929.24 of the Revised	843
Code.	844

(B)(1) If a court sentences an offender to any community	845
control sanction or combination of community control sanctions	846
authorized under section 2929.26, 2929.27, or 2929.28 of the	847
Revised Code, the court shall place the offender under the general	848
control and supervision of the court or of a department of	849
probation in the jurisdiction that serves the court for purposes	850
of reporting to the court a violation of any of the conditions of	851
the sanctions imposed. If the offender resides in another	852
jurisdiction and a department of probation has been established to	853
serve the municipal court or county court in that jurisdiction,	854
the sentencing court may request the municipal court or the county	855
court to receive the offender into the general control and	856
supervision of that department of probation for purposes of	857
reporting to the sentencing court a violation of any of the	858
conditions of the sanctions imposed. The sentencing court retains	859
jurisdiction over any offender whom it sentences for the duration	860
of the sanction or sanctions imposed.	861

(2) The sentencing court shall require as a condition of any	862
community control sanction that the offender abide by the law and	863
not leave the state without the permission of the court or the	864
offender's probation officer. In the interests of doing justice,	865
rehabilitating the offender, and ensuring the offender's good	866
behavior, the court may impose additional requirements on the	867
offender. The offender's compliance with the additional	868
requirements also shall be a condition of the community control	869
sanction imposed upon the offender.	870

(C)(1) If the court imposing sentence upon an offender	871
sentences the offender to any community control sanction or	872
combination of community control sanctions authorized under	873
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if	874
the offender violates any of the conditions of the sanctions, the	875
public or private person or entity that supervises or administers	876
the program or activity that comprises the sanction shall report	877
the violation directly to the sentencing court or to the	878
department of probation or probation officer with general control	879
and supervision over the offender. If the public or private person	880
or entity reports the violation to the department of probation or	881
probation officer, the department or officer shall report the	882
violation to the sentencing court.	883

(2) If an offender violates any condition of a community	884
control sanction, the sentencing court may impose upon the	885
violator a longer time under the same community control sanction	886
if the total time under all of the community control sanctions	887
imposed on the violator does not exceed the five-year limit	888
specified in division (A)(2) of this section or may impose on the	889
violator a more restrictive community control sanction or	890
combination of community control sanctions, including a jail term.	891
If the court imposes a jail term upon a violator pursuant to this	892
division, the total time spent in jail for the misdemeanor offense	893
and the violation of a condition of the community control sanction	894
shall not exceed the maximum jail term available for the offense	895
for which the sanction that was violated was imposed. The court	896
may reduce the longer period of time that the violator is required	897
to spend under the longer sanction or the more restrictive	898
sanction by all or part of the time the violator successfully	899
spent under the sanction that was initially imposed.	900

(D) Except as otherwise provided in this division, if an	901
offender, for a significant period of time, fulfills the	902
conditions of a community control sanction imposed pursuant to	903
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an	904
exemplary manner, the court may reduce the period of time under	905
the community control sanction or impose a less restrictive	906
community control sanction. Fulfilling the conditions of a	907
community control sanction does not relieve the offender of a duty	908
to make restitution under section 2929.28 of the Revised Code.	909

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

910

(1) "Monitored time" means the monitored time sanction	911
specified in section 2929.17 of the Revised Code.	912

(2) "Deadly weapon" and "dangerous ordnance" have the same	913
meanings as in section 2923.11 of the Revised Code.	914

(3) "Felony sex offense" means a violation of a section	915
contained in Chapter 2907. of the Revised Code that is a felony.	916

(B) Each sentence to a prison term for a felony of the first	917
degree, for a felony of the second degree, for a felony sex	918
offense, or for a felony of the third degree that is not a felony	919
sex offense and in the commission of which the offender caused or	920
threatened to cause physical harm to a person shall include a	921
requirement that the offender be subject to a period of	922
post-release control imposed by the parole board after the	923
offender's release from imprisonment. If a court imposes a	924
sentence including a prison term of a type described in this	925
division on or after the effective date of this amendmentJuly 11,	926
2006, the failure of a sentencing court to notify the offender	927
pursuant to division (B)(3)(c) of section 2929.19 of the Revised	928
Code of this requirement or to include in the judgment of	929
conviction entered on the journal a statement that the offender's	930
sentence includes this requirement does not negate, limit, or	931
otherwise affect the mandatory period of supervision that is	932
required for the offender under this division. Section 2929.191 of	933
the Revised Code applies if, prior to the effective date of this	934
amendmentJuly 11, 2006, a court imposed a sentence including a	935
prison term of a type described in this division and failed to	936
notify the offender pursuant to division (B)(3)(c) of section	937
2929.19 of the Revised Code regarding post-release control or to	938
include in the judgment of conviction entered on the journal or in	939
the sentence pursuant to division (F)(1) of section 2929.14 of the	940
Revised Code a statement regarding post-release control. Unless	941
reduced by the parole board pursuant to division (D) of this	942
section when authorized under that division, a period of	943
post-release control required by this division for an offender	944
shall be of one of the following periods:	945

(1) For a felony of the first degree or for a felony sex	946
offense, five years;	947

(2) For a felony of the second degree that is not a felony	948
sex offense, three years;	949

(3) For a felony of the third degree that is not a felony sex	950
offense and in the commission of which the offender caused or	951
threatened physical harm to a person, three years.	952

(C) Any sentence to a prison term for a felony of the third,	953
fourth, or fifth degree that is not subject to division (B)(1) or	954
(3) of this section shall include a requirement that the offender	955
be subject to a period of post-release control of up to three	956
years after the offender's release from imprisonment, if the	957
parole board, in accordance with division (D) of this section,	958
determines that a period of post-release control is necessary for	959
that offender. Section 2929.191 of the Revised Code applies if,	960
prior to the effective date of this amendmentJuly 11, 2006, a	961
court imposed a sentence including a prison term of a type	962
described in this division and failed to notify the offender	963
pursuant to division (B)(3)(d) of section 2929.19 of the Revised	964
Code regarding post-release control or to include in the judgment	965
of conviction entered on the journal or in the sentence pursuant	966
to division (F)(2) of section 2929.14 of the Revised Code a	967
statement regarding post-release control.	968

(D)(1) Before the prisoner is released from imprisonment, the	969
parole board shall impose upon a prisoner described in division	970
(B) of this section, may impose upon a prisoner described in	971
division (C) of this section, and shall impose upon a prisoner	972
described in division (B)(2)(b) of section 5120.031 or in division	973
(B)(1) of section 5120.032 of the Revised Code, one or more	974
post-release control sanctions to apply during the prisoner's	975
period of post-release control. Whenever the board imposes one or	976
more post-release control sanctions upon a prisoner, the board, in	977
addition to imposing the sanctions, also shall include as a	978
condition of the post-release control that the individual or felon	979
not leave the state without permission of the court or the	980
individual's or felon's parole or probation officer and that the	981
individual or felon abide by the law. The board may impose any	982
other conditions of release under a post-release control sanction	983
that the board considers appropriate, and the conditions of	984
release may include any community residential sanction, community	985
nonresidential sanction, or financial sanction that the sentencing	986
court was authorized to impose pursuant to sections 2929.16,	987
2929.17, and 2929.18 of the Revised Code. Prior to the release of	988
a prisoner for whom it will impose one or more post-release	989
control sanctions under this division, the parole board shall	990
review the prisoner's criminal history, all juvenile court	991
adjudications finding the prisoner, while a juvenile, to be a	992
delinquent child, and the record of the prisoner's conduct while	993
imprisoned. The parole board shall consider any recommendation	994
regarding post-release control sanctions for the prisoner made by	995
the office of victims' services. After considering those	996
materials, the board shall determine, for a prisoner described in	997
division (B) of this section, division (B)(2)(b) of section	998
5120.031, or division (B)(1) of section 5120.032 of the Revised	999
Code, which post-release control sanction or combination of	1000
post-release control sanctions is reasonable under the	1001
circumstances or, for a prisoner described in division (C) of this	1002
section, whether a post-release control sanction is necessary and,	1003
if so, which post-release control sanction or combination of	1004
post-release control sanctions is reasonable under the	1005
circumstances. In the case of a prisoner convicted of a felony of	1006
the fourth or fifth degree other than a felony sex offense, the	1007
board shall presume that monitored time is the appropriate	1008
post-release control sanction unless the board determines that a	1009
more restrictive sanction is warranted. A post-release control	1010
sanction imposed under this division takes effect upon the	1011
prisoner's release from imprisonment.	1012

Regardless of whether the prisoner was sentenced to the	1013
prison term prior to, on, or after the effective date of this	1014
amendmentJuly 11, 2006, prior to the release of a prisoner for	1015
whom it will impose one or more post-release control sanctions	1016
under this division, the parole board shall notify the prisoner	1017
that, if the prisoner violates any sanction so imposed or any	1018
condition of post-release control described in division (B) of	1019
section 2967.131 of the Revised Code that is imposed on the	1020
prisoner, the parole board may impose a prison term of up to	1021
one-half of the stated prison term originally imposed upon the	1022
prisoner.	1023

If the court is sentencing an offender for a sexually	1024
oriented offense or child-victim oriented offense and the offender	1025
is a tier III sex offender/child-victim offender relative to that	1026
offense, no community control sanction imposed upon the offender	1027
under this division shall interfere with the mandatory active	1028
global positioning system device monitoring of the offender	1029
required by division (L) of section 2929.13 of the Revised Code.	1030

(2) At any time after a prisoner is released from	1031
imprisonment and during the period of post-release control	1032
applicable to the releasee, the adult parole authority may review	1033
the releasee's behavior under the post-release control sanctions	1034
imposed upon the releasee under this section. The authority may	1035
determine, based upon the review and in accordance with the	1036
standards established under division (E) of this section, that a	1037
more restrictive or a less restrictive sanction is appropriate and	1038
may impose a different sanction. Unless the period of post-release	1039
control was imposed for an offense described in division (B)(1) of	1040
this section, the authority also may recommend that the parole	1041
board reduce the duration of the period of post-release control	1042
imposed by the court. If the authority recommends that the board	1043
reduce the duration of control for an offense described in	1044
division (B)(2), (B)(3), or (C) of this section, the board shall	1045
review the releasee's behavior and may reduce the duration of the	1046
period of control imposed by the court. In no case shall the board	1047
reduce the duration of the period of control imposed by the court	1048
for an offense described in division (B)(1) of this section, and	1049
in no case shall the board permit the releasee to leave the state	1050
without permission of the court or the releasee's parole or	1051
probation officer.	1052

(E) The department of rehabilitation and correction, in	1053
accordance with Chapter 119. of the Revised Code, shall adopt	1054
rules that do all of the following:	1055

(1) Establish standards for the imposition by the parole	1056
board of post-release control sanctions under this section that	1057
are consistent with the overriding purposes and sentencing	1058
principles set forth in section 2929.11 of the Revised Code and	1059
that are appropriate to the needs of releasees;	1060

(2) Establish standards by which the parole board can	1061
determine which prisoners described in division (C) of this	1062
section should be placed under a period of post-release control;	1063

(3) Establish standards to be used by the parole board in	1064
reducing the duration of the period of post-release control	1065
imposed by the court when authorized under division (D) of this	1066
section, in imposing a more restrictive post-release control	1067
sanction than monitored time upon a prisoner convicted of a felony	1068
of the fourth or fifth degree other than a felony sex offense, or	1069
in imposing a less restrictive control sanction upon a releasee	1070
based on the releasee's activities including, but not limited to,	1071
remaining free from criminal activity and from the abuse of	1072
alcohol or other drugs, successfully participating in approved	1073
rehabilitation programs, maintaining employment, and paying	1074
restitution to the victim or meeting the terms of other financial	1075
sanctions;	1076

(4) Establish standards to be used by the adult parole	1077
authority in modifying a releasee's post-release control sanctions	1078
pursuant to division (D)(2) of this section;	1079

(5) Establish standards to be used by the adult parole	1080
authority or parole board in imposing further sanctions under	1081
division (F) of this section on releasees who violate post-release	1082
control sanctions, including standards that do the following:	1083

(a) Classify violations according to the degree of	1084
seriousness;	1085

(b) Define the circumstances under which formal action by the	1086
parole board is warranted;	1087

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

1088

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

1089

(e) Prescribe nonresidential community control sanctions for	1090
most misdemeanor and technical violations;	1091

(f) Provide procedures for the return of a releasee to	1092
imprisonment for violations of post-release control.	1093

(F)(1) Whenever the parole board imposes one or more	1094
post-release control sanctions upon an offender under this	1095
section, the offender upon release from imprisonment shall be	1096
under the general jurisdiction of the adult parole authority and	1097
generally shall be supervised by the field services section	1098
through its staff of parole and field officers as described in	1099
section 5149.04 of the Revised Code, as if the offender had been	1100
placed on parole. If the offender upon release from imprisonment	1101
violates the post-release control sanction or any conditions	1102
described in division (A) of section 2967.131 of the Revised Code	1103
that are imposed on the offender, the public or private person or	1104
entity that operates or administers the sanction or the program or	1105
activity that comprises the sanction shall report the violation	1106
directly to the adult parole authority or to the officer of the	1107
authority who supervises the offender. The authority's officers	1108
may treat the offender as if the offender were on parole and in	1109
violation of the parole, and otherwise shall comply with this	1110
section.	1111

(2) If the adult parole authority determines that a releasee	1112
has violated a post-release control sanction or any conditions	1113
described in division (A) of section 2967.131 of the Revised Code	1114
imposed upon the releasee and that a more restrictive sanction is	1115
appropriate, the authority may impose a more restrictive sanction	1116
upon the releasee, in accordance with the standards established	1117
under division (E) of this section, or may report the violation to	1118
the parole board for a hearing pursuant to division (F)(3) of this	1119
section. The authority may not, pursuant to this division,	1120
increase the duration of the releasee's post-release control or	1121
impose as a post-release control sanction a residential sanction	1122
that includes a prison term, but the authority may impose on the	1123
releasee any other residential sanction, nonresidential sanction,	1124
or financial sanction that the sentencing court was authorized to	1125
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	1126
Revised Code.	1127

(3) The parole board may hold a hearing on any alleged	1128
violation by a releasee of a post-release control sanction or any	1129
conditions described in division (A) of section 2967.131 of the	1130
Revised Code that are imposed upon the releasee. If after the	1131
hearing the board finds that the releasee violated the sanction or	1132
condition, the board may increase the duration of the releasee's	1133
post-release control up to the maximum duration authorized by	1134
division (B) or (C) of this section or impose a more restrictive	1135
post-release control sanction. When appropriate, the board may	1136
impose as a post-release control sanction a residential sanction	1137
that includes a prison term. The board shall consider a prison	1138
term as a post-release control sanction imposed for a violation of	1139
post-release control when the violation involves a deadly weapon	1140
or dangerous ordnance, physical harm or attempted serious physical	1141
harm to a person, or sexual misconduct, or when the releasee	1142
committed repeated violations of post-release control sanctions.	1143
The period of a prison term that is imposed as a post-release	1144
control sanction under this division shall not exceed nine months,	1145
and the maximum cumulative prison term for all violations under	1146
this division shall not exceed one-half of the stated prison term	1147
originally imposed upon the offender as part of this sentence. The	1148
period of a prison term that is imposed as a post-release control	1149
sanction under this division shall not count as, or be credited	1150
toward, the remaining period of post-release control.	1151

If an offender is imprisoned for a felony committed while	1152
under post-release control supervision and is again released on	1153
post-release control for a period of time determined by division	1154
(F)(4)(d) of this section, the maximum cumulative prison term for	1155
all violations under this division shall not exceed one-half of	1156
the total stated prison terms of the earlier felony, reduced by	1157
any prison term administratively imposed by the parole board, plus	1158
one-half of the total stated prison term of the new felony.	1159

(4) Any period of post-release control shall commence upon an	1160
offender's actual release from prison. If an offender is serving	1161
an indefinite prison term or a life sentence in addition to a	1162
stated prison term, the offender shall serve the period of	1163
post-release control in the following manner:	1164

(a) If a period of post-release control is imposed upon the	1165
offender and if the offender also is subject to a period of parole	1166
under a life sentence or an indefinite sentence, and if the period	1167
of post-release control ends prior to the period of parole, the	1168
offender shall be supervised on parole. The offender shall receive	1169
credit for post-release control supervision during the period of	1170
parole. The offender is not eligible for final release under	1171
section 2967.16 of the Revised Code until the post-release control	1172
period otherwise would have ended.	1173

(b) If a period of post-release control is imposed upon the	1174
offender and if the offender also is subject to a period of parole	1175
under an indefinite sentence, and if the period of parole ends	1176
prior to the period of post-release control, the offender shall be	1177
supervised on post-release control. The requirements of parole	1178
supervision shall be satisfied during the post-release control	1179
period.	1180

(c) If an offender is subject to more than one period of	1181
post-release control, the period of post-release control for all	1182
of the sentences shall be the period of post-release control that	1183
expires last, as determined by the parole board. Periods of	1184
post-release control shall be served concurrently and shall not be	1185
imposed consecutively to each other.	1186

(d) The period of post-release control for a releasee who	1187
commits a felony while under post-release control for an earlier	1188
felony shall be the longer of the period of post-release control	1189
specified for the new felony under division (B) or (C) of this	1190
section or the time remaining under the period of post-release	1191
control imposed for the earlier felony as determined by the parole	1192
board.	1193

Sec. 2967.29. If a prisoner is serving a prison term for a	1194
sexually oriented offense or child-victim oriented offense, if the	1195
prisoner is a tier III sex offender/child-victim offender relative	1196
to that offense, and if the prisoner's sentence does not include a	1197
requirement imposed on or after the effective date of this section	1198
pursuant to division (L) of section 2929.13 or division (C) of	1199
section 2929.23 of the Revised Code that the prisoner be monitored	1200
by means of an active global positioning system device, before the	1201
prisoner is released from imprisonment, the parole board shall	1202
impose upon the prisoner a requirement that the prisoner be	1203
monitored by means of an active global positioning system device	1204
during the entire duration, as determined pursuant to division (B)	1205
of section 2950.07 of the Revised Code, of the prisoner's duty to	1206
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1207
the Revised Code. The monitoring shall commence upon the	1208
prisoner's release from imprisonment. The prisoner shall bear the	1209
cost of monitoring. If the prisoner is indigent, the crime victims	1210
reparations fund shall pay the cost of compliance. The monitoring	1211
requirement shall be in addition to, and independent of, any	1212
post-release control sanction imposed on the offender under	1213
section 2967.28 of the Revised Code.	1214

The prisoner upon release from imprisonment shall be under	1215
the general control and supervision of the adult parole authority	1216
for purposes of the monitoring and the reporting of a violation of	1217
the monitoring requirement, including the offender's unauthorized	1218
removal of the monitoring device. Divisions (F)(1) to (3) of	1219
section 2967.28 of the Revised Code apply to the monitoring	1220
requirement as if it were a post-release control sanction imposed	1221
upon an offender under that section. For all other purposes,	1222
including the duration limitations set forth in divisions (B)(1)	1223
to (3) of section 2967.28 of the Revised Code, the monitoring	1224
requirement shall not be considered to be a post-release control	1225
sanction.	1226

The monitoring requirement imposed by this section is an	1227
adjunct to the registration duties and other duties imposed on sex	1228
offenders and child-victim offenders under sections 2950.04,	1229
2950.041, 2950.05, and 2950.06 of the Revised Code and is imposed	1230
for the additional protection of members of the public from the	1231
risks of engaging in future criminal activity that is posed by	1232
those offenders.	1233

Sec. 2971.03.  (A) Notwithstanding divisions (A), (B), (C),	1234
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06,	1235
2929.13, or another section of the Revised Code, other than	1236
divisions (D) and (E) of section 2929.14 of the Revised Code, that	1237
authorizes or requires a specified prison term or a mandatory	1238
prison term for a person who is convicted of or pleads guilty to a	1239
felony or that specifies the manner and place of service of a	1240
prison term or term of imprisonment, the court shall impose a	1241
sentence upon a person who is convicted of or pleads guilty to a	1242
violent sex offense and who also is convicted of or pleads guilty	1243
to a sexually violent predator specification that was included in	1244
the indictment, count in the indictment, or information charging	1245
that offense, and upon a person who is convicted of or pleads	1246
guilty to a designated homicide, assault, or kidnapping offense	1247
and also is convicted of or pleads guilty to both a sexual	1248
motivation specification and a sexually violent predator	1249
specification that were included in the indictment, count in the	1250
indictment, or information charging that offense, as follows:	1251

(1) If the offense for which the sentence is being imposed is	1252
aggravated murder and if the court does not impose upon the	1253
offender a sentence of death, it shall impose upon the offender a	1254
term of life imprisonment without parole. If the court sentences	1255
the offender to death and the sentence of death is vacated,	1256
overturned, or otherwise set aside, the court shall impose upon	1257
the offender a term of life imprisonment without parole.	1258

(2) If the offense for which the sentence is being imposed is	1259
murder; or if the offense is rape committed in violation of	1260
division (A)(1)(b) of section 2907.02 of the Revised Code when the	1261
offender purposely compelled the victim to submit by force or	1262
threat of force, when the victim was less than ten years of age,	1263
when the offender previously has been convicted of or pleaded	1264
guilty to either rape committed in violation of that division or a	1265
violation of an existing or former law of this state, another	1266
state, or the United States that is substantially similar to	1267
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	1268
the offender during or immediately after the commission of the	1269
rape caused serious physical harm to the victim; or if the offense	1270
is an offense other than aggravated murder or murder for which a	1271
term of life imprisonment may be imposed, it shall impose upon the	1272
offender a term of life imprisonment without parole.	1273

(3)(a) Except as otherwise provided in division (A)(3)(b),	1274
(c), (d), or (e) or (A)(4) of this section, if the offense for	1275
which the sentence is being imposed is an offense other than	1276
aggravated murder, murder, or rape and other than an offense for	1277
which a term of life imprisonment may be imposed, it shall impose	1278
an indefinite prison term consisting of a minimum term fixed by	1279
the court from among the range of terms available as a definite	1280
term for the offense, but not less than two years, and a maximum	1281
term of life imprisonment.	1282

(b) Except as otherwise provided in division (A)(4) of this	1283
section, if the offense for which the sentence is being imposed is	1284
kidnapping that is a felony of the first degree, it shall impose	1285
an indefinite prison term as follows:	1286

(i) If the kidnapping is committed on or after the effective	1287
date of this amendmentJanuary 1, 2008, and the victim of the	1288
offense is less than thirteen years of age, except as otherwise	1289
provided in this division, it shall impose an indefinite prison	1290
term consisting of a minimum term of fifteen years and a maximum	1291
term of life imprisonment. If the kidnapping is committed on or	1292
after the effective date of this amendmentJanuary 1, 2008, the	1293
victim of the offense is less than thirteen years of age, and the	1294
offender released the victim in a safe place unharmed, it shall	1295
impose an indefinite prison term consisting of a minimum term of	1296
ten years and a maximum term of life imprisonment.	1297

(ii) If the kidnapping is committed prior to the effective	1298
date of this amendmentJanuary 1, 2008, or division (A)(3)(b)(i)	1299
of this section does not apply, it shall impose an indefinite	1300
term consisting of a minimum term fixed by the court that is not	1301
less than ten years and a maximum term of life imprisonment.	1302

(c) Except as otherwise provided in division (A)(4) of this	1303
section, if the offense for which the sentence is being imposed is	1304
kidnapping that is a felony of the second degree, it shall impose	1305
an indefinite prison term consisting of a minimum term fixed by	1306
the court that is not less than eight years, and a maximum term of	1307
life imprisonment.	1308

(d) Except as otherwise provided in division (A)(4) of this	1309
section, if the offense for which the sentence is being imposed is	1310
rape for which a term of life imprisonment is not imposed under	1311
division (A)(2) of this section or division (B) of section 2907.02	1312
of the Revised Code, it shall impose an indefinite prison term as	1313
follows:	1314

(i) If the rape is committed on or after January 2, 2007, in	1315
violation of division (A)(1)(b) of section 2907.02 of the Revised	1316
Code, it shall impose an indefinite prison term consisting of a	1317
minimum term of twenty-five years and a maximum term of life	1318
imprisonment.	1319

(ii) If the rape is committed prior to January 2, 2007, or	1320
the rape is committed on or after January 2, 2007, other than in	1321
violation of division (A)(1)(b) of section 2907.02 of the Revised	1322
Code, it shall impose an indefinite prison term consisting of a	1323
minimum term fixed by the court that is not less than ten years,	1324
and a maximum term of life imprisonment.	1325

(e) Except as otherwise provided in division (A)(4) of this	1326
section, if the offense for which sentence is being imposed is	1327
attempted rape, it shall impose an indefinite prison term as	1328
follows:	1329

(i) Except as otherwise provided in division (A)(3)(e)(ii),	1330
(iii), or (iv) of this section, it shall impose an indefinite	1331
prison term pursuant to division (A)(3)(a) of this section.	1332

(ii) If the attempted rape for which sentence is being	1333
imposed was committed on or after January 2, 2007, and if the	1334
offender also is convicted of or pleads guilty to a specification	1335
of the type described in section 2941.1418 of the Revised Code,	1336
it shall impose an indefinite prison term consisting of a minimum	1337
term of five years and a maximum term of twenty-five years.	1338

(iii) If the attempted rape for which sentence is being	1339
imposed was committed on or after January 2, 2007, and if the	1340
offender also is convicted of or pleads guilty to a specification	1341
of the type described in section 2941.1419 of the Revised Code,	1342
it shall impose an indefinite prison term consisting of a minimum	1343
term of ten years and a maximum of life imprisonment.	1344

(iv) If the attempted rape for which sentence is being	1345
imposed was committed on or after January 2, 2007, and if the	1346
offender also is convicted of or pleads guilty to a specification	1347
of the type described in section 2941.1420 of the Revised Code,	1348
it shall impose an indefinite prison term consisting of a minimum	1349
term of fifteen years and a maximum of life imprisonment.	1350

(4) For any offense for which the sentence is being imposed,	1351
if the offender previously has been convicted of or pleaded guilty	1352
to a violent sex offense and also to a sexually violent predator	1353
specification that was included in the indictment, count in the	1354
indictment, or information charging that offense, or previously	1355
has been convicted of or pleaded guilty to a designated homicide,	1356
assault, or kidnapping offense and also to both a sexual	1357
motivation specification and a sexually violent predator	1358
specification that were included in the indictment, count in the	1359
indictment, or information charging that offense, it shall impose	1360
upon the offender a term of life imprisonment without parole.	1361

(5) If the offense for which sentence is being imposed is a	1362
sexually oriented offense and the offender is a tier III sex	1363
offender/child-victim offender relative to that offense, the court	1364
shall include in the sentence imposed on the offender a	1365
requirement of the type described in division (L) of section	1366
2929.13 of the Revised Code.	1367

(B)(1) Notwithstanding section 2929.13, division (A), (B),	1368
(C), or (F) of section 2929.14, or another section of the Revised	1369
Code other than division (B) of section 2907.02 or divisions (D)	1370
and (E) of section 2929.14 of the Revised Code that authorizes or	1371
requires a specified prison term or a mandatory prison term for a	1372
person who is convicted of or pleads guilty to a felony or that	1373
specifies the manner and place of service of a prison term or term	1374
of imprisonment, if a person is convicted of or pleads guilty to a	1375
violation of division (A)(1)(b) of section 2907.02 of the Revised	1376
Code committed on or after January 2, 2007, if division (A) of	1377
this section does not apply regarding the person, and if the	1378
court does not impose a sentence of life without parole when	1379
authorized pursuant to division (B) of section 2907.02 of the	1380
Revised Code, the court shall impose upon the person an	1381
indefinite prison term consisting of one of the following:	1382

(a) Except as otherwise required in division (B)(1)(b) or (c)	1383
of this section, a minimum term of ten years and a maximum term of	1384
life imprisonment.	1385

(b) If the victim was less than ten years of age, a minimum	1386
term of fifteen years and a maximum of life imprisonment.	1387

(c) If the offender purposely compels the victim to submit by	1388
force or threat of force, or if the offender previously has been	1389
convicted of or pleaded guilty to violating division (A)(1)(b) of	1390
section 2907.02 of the Revised Code or to violating an existing or	1391
former law of this state, another state, or the United States that	1392
is substantially similar to division (A)(1)(b) of that section, or	1393
if the offender during or immediately after the commission of the	1394
offense caused serious physical harm to the victim, a minimum term	1395
of twenty-five years and a maximum of life imprisonment.	1396

(2) Notwithstanding section 2929.13, division (A), (B), (C),	1397
or (F) of section 2929.14, or another section of the Revised Code	1398
other than divisions (D) and (E) of section 2929.14 of the Revised	1399
Code that authorizes or requires a specified prison term or a	1400
mandatory prison term for a person who is convicted of or pleads	1401
guilty to a felony or that specifies the manner and place of	1402
service of a prison term or term of imprisonment and except as	1403
otherwise provided in division (B) of section 2907.02 of the	1404
Revised Code, if a person is convicted of or pleads guilty to	1405
attempted rape committed on or after January 2, 2007, and if	1406
division (A) of this section does not apply regarding the person,	1407
the court shall impose upon the person an indefinite prison term	1408
consisting of one of the following:	1409

(a) If the person also is convicted of or pleads guilty to a	1410
specification of the type described in section 2941.1418 of the	1411
Revised Code, the court shall impose upon the person an indefinite	1412
prison term consisting of a minimum term of five years and a	1413
maximum term of twenty-five years.	1414

(b) If the person also is convicted of or pleads guilty to a	1415
specification of the type described in section 2941.1419 of the	1416
Revised Code, the court shall impose upon the person an indefinite	1417
prison term consisting of a minimum term of ten years and a	1418
maximum term of life imprisonment.	1419

(c) If the person also is convicted of or pleads guilty to a	1420
specification of the type described in section 2941.1420 of the	1421
Revised Code, the court shall impose upon the person an indefinite	1422
prison term consisting of a minimum term of fifteen years and a	1423
maximum term of life imprisonment.	1424

(3) Notwithstanding section 2929.13, division (A), (B), (C),	1425
or (F) of section 2929.14, or another section of the Revised Code	1426
other than divisions (D) and (E) of section 2929.14 of the Revised	1427
Code that authorizes or requires a specified prison term or a	1428
mandatory prison term for a person who is convicted of or pleads	1429
guilty to a felony or that specifies the manner and place of	1430
service of a prison term or term of imprisonment, if a person is	1431
convicted of or pleads guilty to an offense described in division	1432
(B)(3)(a), (b), (c), or (d) of this section committed on or after	1433
the effective date of this amendmentJanuary 1, 2008, if the	1434
person also is convicted of or pleads guilty to a sexual	1435
motivation specification that was included in the indictment,	1436
count in the indictment, or information charging that offense,	1437
and if division (A) of this section does not apply regarding the	1438
person, the court shall impose upon the person an indefinite	1439
prison term consisting of one of the following:	1440

(a) An indefinite prison term consisting of a minimum of ten	1441
years and a maximum term of life imprisonment if the offense for	1442
which the sentence is being imposed is kidnapping, the victim of	1443
the offense is less than thirteen years of age, and the offender	1444
released the victim in a safe place unharmed;	1445

(b) An indefinite prison term consisting of a minimum of	1446
fifteen years and a maximum term of life imprisonment if the	1447
offense for which the sentence is being imposed is kidnapping when	1448
the victim of the offense is less than thirteen years of age and	1449
division (B)(3)(a) of this section does not apply;	1450

(c) An indefinite term consisting of a minimum of thirty	1451
years and a maximum term of life imprisonment if the offense for	1452
which the sentence is being imposed is aggravated murder, when the	1453
victim of the offense is less than thirteen years of age, a	1454
sentence of death or life imprisonment without parole is not	1455
imposed for the offense, and division (A)(2)(b)(ii) of section	1456
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	1457
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	1458
division (A) or (B) of section 2929.06 of the Revised Code	1459
requires that the sentence for the offense be imposed pursuant to	1460
this division;	1461

(d) An indefinite prison term consisting of a minimum of	1462
thirty years and a maximum term of life imprisonment if the	1463
offense for which the sentence is being imposed is murder when the	1464
victim of the offense is less than thirteen years of age.	1465

(4) If the offense for which sentence is being imposed under	1466
division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a),	1467
(b), (c), or (d) of this section is a sexually oriented offense	1468
and the offender is a tier III sex offender/child-victim offender	1469
relative to that offense, the court shall include in the sentence	1470
imposed on the offender a requirement of the type described in	1471
division (L) of section 2929.13 of the Revised Code.	1472

(C)(1) If the offender is sentenced to a prison term pursuant	1473
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1474
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	1475
board shall have control over the offender's service of the term	1476
during the entire term unless the parole board terminates its	1477
control in accordance with section 2971.04 of the Revised Code.	1478

(2) Except as provided in division (C)(3) of this section, an	1479
offender sentenced to a prison term or term of life imprisonment	1480
without parole pursuant to division (A) of this section shall	1481
serve the entire prison term or term of life imprisonment in a	1482
state correctional institution. The offender is not eligible for	1483
judicial release under section 2929.20 of the Revised Code.	1484

(3) For a prison term imposed pursuant to division (A)(3),	1485
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1486
(c), or (d) of this section, the court, in accordance with section	1487
2971.05 of the Revised Code, may terminate the prison term or	1488
modify the requirement that the offender serve the entire term in	1489
a state correctional institution if all of the following apply:	1490

(a) The offender has served at least the minimum term imposed	1491
as part of that prison term.	1492

(b) The parole board, pursuant to section 2971.04 of the	1493
Revised Code, has terminated its control over the offender's	1494
service of that prison term.	1495

(c) The court has held a hearing and found, by clear and	1496
convincing evidence, one of the following:	1497

(i) In the case of termination of the prison term, that the	1498
offender is unlikely to commit a sexually violent offense in the	1499
future;	1500

(ii) In the case of modification of the requirement, that the	1501
offender does not represent a substantial risk of physical harm to	1502
others.	1503

(4) An offender who has been sentenced to a term of life	1504
imprisonment without parole pursuant to division (A)(1), (2), or	1505
(4) of this section shall not be released from the term of life	1506
imprisonment or be permitted to serve a portion of it in a place	1507
other than a state correctional institution.	1508

(D) If a court sentences an offender to a prison term or term	1509
of life imprisonment without parole pursuant to division (A) of	1510
this section and the court also imposes on the offender one or	1511
more additional prison terms pursuant to division (D) of section	1512
2929.14 of the Revised Code, all of the additional prison terms	1513
shall be served consecutively with, and prior to, the prison term	1514
or term of life imprisonment without parole imposed upon the	1515
offender pursuant to division (A) of this section.	1516

(E) If the offender is convicted of or pleads guilty to two	1517
or more offenses for which a prison term or term of life	1518
imprisonment without parole is required to be imposed pursuant to	1519
division (A) of this section, divisions (A) to (D) of this section	1520
shall be applied for each offense. All minimum terms imposed upon	1521
the offender pursuant to division (A)(3) or (B) of this section	1522
for those offenses shall be aggregated and served consecutively,	1523
as if they were a single minimum term imposed under that division.	1524

(F)(1) If an offender is convicted of or pleads guilty to a	1525
violent sex offense and also is convicted of or pleads guilty to a	1526
sexually violent predator specification that was included in the	1527
indictment, count in the indictment, or information charging that	1528
offense, or is convicted of or pleads guilty to a designated	1529
homicide, assault, or kidnapping offense and also is convicted of	1530
or pleads guilty to both a sexual motivation specification and a	1531
sexually violent predator specification that were included in the	1532
indictment, count in the indictment, or information charging that	1533
offense, the conviction of or plea of guilty to the offense and	1534
the sexually violent predator specification automatically	1535
classifies the offender as a tier III sex offender/child-victim	1536
offender for purposes of Chapter 2950. of the Revised Code.	1537

(2) If an offender is convicted of or pleads guilty to	1538
committing on or after January 2, 2007, a violation of division	1539
(A)(1)(b) of section 2907.02 of the Revised Code and either the	1540
offender is sentenced under section 2971.03 of the Revised Code	1541
or a sentence of life without parole is imposed under division	1542
(B) of section 2907.02 of the Revised Code, the conviction of or	1543
plea of guilty to the offense automatically classifies the	1544
offender as a tier III sex offender/child-victim offender for	1545
purposes of Chapter 2950. of the Revised Code.	1546

(3) If a person is convicted of or pleads guilty to	1547
committing on or after January 2, 2007, attempted rape and also	1548
is convicted of or pleads guilty to a specification of the type	1549
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1550
Revised Code, the conviction of or plea of guilty to the offense	1551
and the specification automatically classify the offender as a	1552
tier III sex offender/child-victim offender for purposes of	1553
Chapter 2950. of the Revised Code.	1554

(4) If a person is convicted of or pleads guilty to one of	1555
the offenses described in division (B)(3)(a), (b), (c), or (d) of	1556
this section and a sexual motivation specification related to the	1557
offense and the victim of the offense is less than thirteen years	1558
of age, the conviction of or plea of guilty to the offense	1559
automatically classifies the offender as a tier III sex	1560
offender/child-victim offender for purposes of Chapter 2950. of	1561
the Revised Code.	1562

Sec. 2971.05.  (A)(1) After control over an offender's	1563
service of a prison term imposed pursuant to division (A)(3),	1564
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	1565
(b), (c), or (d) of section 2971.03 of the Revised Code has been	1566
transferred pursuant to section 2971.04 of the Revised Code to the	1567
court, the court shall schedule, within thirty days of any of the	1568
following, a hearing on whether to modify in accordance with	1569
division (C) of this section the requirement that the offender	1570
serve the entire prison term in a state correctional institution	1571
or to terminate the prison term in accordance with division (D) of	1572
this section:	1573

(a) Control over the offender's service of a prison term is	1574
transferred pursuant to section 2971.04 of the Revised Code to the	1575
court, and no hearing to modify the requirement has been held;	1576

(b) Two years elapse after the most recent prior hearing held	1577
pursuant to division (A)(1) or (2) of this section;	1578

(c) The prosecuting attorney, the department of	1579
rehabilitation and correction, or the adult parole authority	1580
requests the hearing, and recommends that the requirement be	1581
modified or that the offender's prison term be terminated.	1582

(2) After control over the offender's service of a prison	1583
term has been transferred pursuant to section 2971.04 of the	1584
Revised Code to the court, the court, within thirty days of either	1585
of the following, shall conduct a hearing on whether to modify in	1586
accordance with division (C) of this section the requirement that	1587
the offender serve the entire prison term in a state correctional	1588
institution, whether to continue, revise, or revoke an existing	1589
modification of that requirement, or whether to terminate the term	1590
in accordance with division (D) of this section:	1591

(a) The requirement that the offender serve the entire prison	1592
term in a state correctional institution has been modified, and	1593
the offender is taken into custody for any reason.	1594

(b) The department of rehabilitation and correction or the	1595
prosecuting attorney notifies the court pursuant to section	1596
2971.06 of the Revised Code regarding a known or suspected	1597
violation of a term or condition of the modification or a belief	1598
that there is a substantial likelihood that the offender has	1599
committed or is about to commit a sexually violent offense.	1600

(3) After control over the offender's service of a prison	1601
term has been transferred pursuant to section 2971.04 of the	1602
Revised Code to the court, the court, in any of the following	1603
circumstances, may conduct a hearing within thirty days to	1604
determine whether to modify in accordance with division (C) of	1605
this section the requirement that the offender serve the entire	1606
prison term in a state correctional institution, whether to	1607
continue, revise, or revoke an existing modification of that	1608
requirement, or whether to terminate the sentence in accordance	1609
with division (D) of this section:	1610

(a) The offender requests the hearing;

1611

(b) Upon the court's own motion;

1612

(c) One or more examiners who have conducted a psychological	1613
examination and assessment of the offender file a statement that	1614
states that there no longer is a likelihood that the offender will	1615
engage in the future in a sexually violent offense.	1616

(B)(1) Before a court holds a hearing pursuant to division	1617
(A) of this section, the court shall provide notice of the date,	1618
time, place, and purpose of the hearing to the offender, the	1619
prosecuting attorney, the department of rehabilitation and	1620
correction, and the adult parole authority and shall request the	1621
department to prepare pursuant to section 5120.61 of the Revised	1622
Code an update of the most recent risk assessment and report	1623
relative to the offender. The offender has the right to be	1624
present at any hearing held under this section. At the hearing,	1625
the offender and the prosecuting attorney may make a statement and	1626
present evidence as to whether the requirement that the offender	1627
serve the entire prison term in a state correctional institution	1628
should or should not be modified, whether the existing	1629
modification of the requirement should be continued, revised, or	1630
revoked, and whether the prison term should or should not be	1631
terminated.	1632

(2) At a hearing held pursuant to division (A) of this	1633
section, the court may and, if the hearing is held pursuant to	1634
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	1635
determine by clear and convincing evidence whether the offender is	1636
unlikely to commit a sexually violent offense in the future.	1637

(3) At the conclusion of the hearing held pursuant to	1638
division (A) of this section, the court may order that the	1639
requirement that the offender serve the entire prison term in a	1640
state correctional institution be continued, that the requirement	1641
be modified pursuant to division (C) of this section, that an	1642
existing modification be continued, revised, or revoked pursuant	1643
to division (C) of this section, or that the prison term be	1644
terminated pursuant to division (D) of this section.	1645

(C)(1) If, at the conclusion of a hearing held pursuant to	1646
division (A) of this section, the court determines by clear and	1647
convincing evidence that the offender will not represent a	1648
substantial risk of physical harm to others, the court may modify	1649
the requirement that the offender serve the entire prison term	1650
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	1651
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	1652
the Revised Code in a state correctional institution in a manner	1653
that the court considers appropriate. If the court modifies the	1654
requirement for an offender whose prison term was imposed	1655
pursuant to division (A)(3) of section 2971.03 of the Revised	1656
Code, the court shall order the adult parole authority to	1657
supervise the offender and shall require that the authority's	1658
supervision of the offender be pursuant to division (E) of this	1659
section. If the court modifies the requirement for an offender	1660
whose prison term was imposed pursuant to division (B)(1)(a), (b),	1661
or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	1662
section 2971.03 of the Revised Code, the court shall order the	1663
adult parole authority to supervise the offender and may require	1664
that the authority's supervision of the offender be pursuant to	1665
division (E) of this section.	1666

(2) The modification of the requirement does not terminate	1667
the prison term but serves only to suspend the requirement that	1668
the offender serve the entire term in a state correctional	1669
institution. The prison term shall remain in effect for the	1670
offender's entire life unless the court terminates the prison term	1671
pursuant to division (D) of this section. The offender shall	1672
remain under the jurisdiction of the court for the offender's	1673
entire life unless the court so terminates the prison term. The	1674
modification of the requirement does not terminateaffect the	1675
classification of the offender, as described in division (F) of	1676
section 2971.03 of the Revised Code, as a sexual predatortier III	1677
sex offender/child-victim offender for purposes of Chapter 2950.	1678
of the Revised Code, and the offender is subject to supervision,	1679
including supervision under division (E) of this section if the	1680
court required the supervision of the offender to be pursuant to	1681
that division.	1682

(3) If the court revokes the modification under	1683
consideration, the court shall order that the offender be returned	1684
to the custody of the department of rehabilitation and correction	1685
to continue serving the prison term to which the modification	1686
applied, and section 2971.06 of the Revised Code applies regarding	1687
the offender.	1688

(D)(1) If, at the conclusion of a hearing held pursuant to	1689
division (A) of this section, the court determines by clear and	1690
convincing evidence that the offender is unlikely to commit a	1691
sexually violent offense in the future, the court may terminate	1692
the offender's prison term imposed under division (A)(3),	1693
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	1694
(b), (c), or (d) of section 2971.03 of the Revised Code, subject	1695
to the offender satisfactorily completing the period of	1696
conditional release required by this division and, if applicable,	1697
compliance with division (E) of this section. If the court	1698
terminates the prison term, the court shall place the offender on	1699
conditional release for five years, notify the adult parole	1700
authority of its determination and of the termination of the	1701
prison term, and order the adult parole authority to supervise the	1702
offender during the five-year period of conditional release or, if	1703
division (E) applies to the offender, to supervise the offender	1704
pursuant to and for the period of time specified in that division.	1705
If the court terminates the prison term for an offender whose	1706
prison term was imposed pursuant to division (A)(3) of section	1707
2971.03 of the Revised Code, the court shall require that the	1708
authority's supervision of the offender be pursuant to division	1709
(E) of this section. If the court terminates the prison term for	1710
an offender whose prison term was imposed pursuant to division	1711
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c),	1712
or (d) of section 2971.03 of the Revised Code, the court may	1713
require that the authority's supervision of the offender be	1714
pursuant to division (E) of this section. Upon receipt of a notice	1715
from a court pursuant to this division, the adult parole authority	1716
shall supervise the offender who is the subject of the notice	1717
during the five-year period of conditional release, periodically	1718
notify the court of the offender's activities during that	1719
five-year period of conditional release, and file with the court	1720
no later than thirty days prior to the expiration of the five-year	1721
period of conditional release a written recommendation as to	1722
whether the termination of the offender's prison term should be	1723
finalized, whether the period of conditional release should be	1724
extended, or whether another type of action authorized pursuant to	1725
this chapter should be taken.	1726

(2) Upon receipt of a recommendation of the adult parole	1727
authority filed pursuant to division (D)(1) of this section, the	1728
court shall hold a hearing to determine whether to finalize the	1729
termination of the offender's prison term, to extend the period of	1730
conditional release, or to take another type of action authorized	1731
pursuant to this chapter. The court shall hold the hearing no	1732
later than the date on which the five-year period of conditional	1733
release terminates and shall provide notice of the date, time,	1734
place, and purpose of the hearing to the offender and to the	1735
prosecuting attorney. At the hearing, the offender, the	1736
prosecuting attorney, and the adult parole authority employee who	1737
supervised the offender during the period of conditional release	1738
may make a statement and present evidence.	1739

If the court determines at the hearing to extend an	1740
offender's period of conditional release, it may do so for	1741
additional periods of one year in the same manner as the original	1742
period of conditional release, and, except as otherwise described	1743
in this division, all procedures and requirements that applied to	1744
the original period of conditional release apply to the additional	1745
period of extended conditional release unless the court modifies a	1746
procedure or requirement. If an offender's period of conditional	1747
release is extended as described in this division, all references	1748
to a five-year period of conditional release that are contained in	1749
division (D)(1) of this section shall be construed, in applying	1750
the provisions of that division to the extension, as being	1751
references to the one-year period of the extension of the	1752
conditional release.	1753

If the court determines at the hearing to take another type	1754
of action authorized pursuant to this chapter, it may do so in the	1755
same manner as if the action had been taken at any other stage of	1756
the proceedings under this chapter. As used in this division,	1757
"another type of action" includes the revocation of the	1758
conditional release and the return of the offender to a state	1759
correctional institution to continue to serve the prison term.	1760

If the court determines at the hearing to finalize the	1761
termination of the offender's prison term, it shall notify the	1762
department of rehabilitation and correction, the department shall	1763
enter into its records a final release and issue to the offender a	1764
certificate of final release, and the prison term thereafter shall	1765
be considered completed and terminated in every way.	1766

(3) The termination of an offender's prison term pursuant to	1767
division (D)(1) or (2) of this section does not affect the	1768
classification of the offender, as described in division (F) of	1769
section 2971.03 of the Revised Code, as a tier III sex	1770
offender/child-victim offender for purposes of Chapter 2950. of	1771
the Revised Code, does not terminate the adult parole authority's	1772
supervision of the offender, and, if the court had required the	1773
supervision of the offender to be pursuant to division (E) of	1774
this section, does not terminate the supervision of the offender	1775
with an active global positioning system device, pursuant to that	1776
division.	1777

(E)(1) If a prison term imposed upon an offender pursuant to	1778
division (A)(3) or division (B)(1)(a), (b), or (c), (2)(a), (b),	1779
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the	1780
Revised Code for a sexually oriented offense is modified as	1781
provided in division (C) of this section or terminated as provided	1782
in division (D) of this section, and if the offender is a tier III	1783
sex offender/child-victim offender relative to that offense, the	1784
adult parole authority shall supervise the offender with an active	1785
global positioning system device during the entire duration, as	1786
determined pursuant to division (B) of section 2950.07 of the	1787
Revised Code, of the prisoner's duty to comply with sections	1788
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. The	1789
monitoring shall commence upon the prisoner's release from	1790
imprisonment. The prisoner shall bear the cost of monitoring. If	1791
the prisoner is indigent, the crime victims reparations fund shall	1792
pay the cost of compliance.	1793

(2) If a prison term imposed upon an offender pursuant to	1794
division (A)(3) of section 2971.03 of the Revised Code is modified	1795
as provided in division (C) of this section or terminated as	1796
provided in division (D) of this section and if division (E)(1) of	1797
this section does not apply, the adult parole authority shall	1798
supervise the offender with an active global positioning system	1799
device during any time period in which the offender is not	1800
incarcerated in a state correctional institution. If a prison	1801
term imposed upon an offender pursuant to division (B)(1)(a),	1802
(b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	1803
section 2971.03 of the Revised Code is modified as provided in	1804
division (C) of this section or terminated as provided in	1805
division (D) of this section, if division (E)(1) of this section	1806
does apply, and if the court requires that the adult parole	1807
authority's supervision of the offender be pursuant to this	1808
division, the authority shall supervise the offender with an	1809
active global positioning system device during any time period in	1810
which the offender is not incarcerated in a state correctional	1811
institution. If the adult parole authority is required to	1812
supervise the offender with an active global positioning system	1813
device as described in this division, unless the court removes	1814
the offender's classification as a sexually violent predator	1815
regarding an offender whose prison term was imposed under	1816
division (A)(3) of section 2971.03 of the Revised Code or	1817
terminates the requirement that supervision of the offender be	1818
pursuant to this division regarding an offender whose prison term	1819
was imposed under division (B)(1)(a), (b), or (c), (2)(a), (b),	1820
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the	1821
Revised Code, the offender is subject to supervision with an	1822
active global positioning system pursuant to this division for	1823
the offender's entire life. The costs of administering the	1824
supervision of offenders with an active global positioning system	1825
device pursuant to this division shall be paid out of funds from	1826
the reparations fund, created pursuant to section 2743.191 of the	1827
Revised Code. This division shall only apply to a sexually	1828
violent predator sentenced pursuant to division (A)(3) of section	1829
2971.03 of the Revised Code who is released from the custody of	1830
the department of rehabilitation and correction on or after	1831
September 29, 2005, or an offender sentenced pursuant to division	1832
(B)(1) or (2) of section 2971.03 of the Revised Code on or after	1833
January 2, 2007.	1834

Section 2. That existing sections 2743.191, 2929.13, 2929.15,	1835
2929.23, 2929.25, 2967.28, 2971.03, and 2971.05 of the Revised	1836
Code are hereby repealed.	1837