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| To amend sections 2907.07 and 2929.13 of the Revised | 1 |
| Code to provide mandatory minimum prison terms | 2 |
| for persons who plead guilty to or are convicted | 3 |
| of importuning. | 4 |
| Section 1. That sections 2907.07 and 2929.13 of the Revised | 5 |
| Code be amended to read as follows: | 6 |
| Sec. 2907.07. (A) No person shall solicit a person who is | 7 |
| less than thirteen years of age to engage in sexual activity with | 8 |
| the offender, whether or not the offender knows the age of such | 9 |
| person. | 10 |
| (B) No person shall solicit another, not the spouse of the | 11 |
| offender, to engage in sexual conduct with the offender, when the | 12 |
| offender is eighteen years of age or older and four or more years | 13 |
| older than the other person, and the other person is thirteen | 14 |
| years of age or older but less than sixteen years of age, whether | 15 |
| or not the offender knows the age of the other person. | 16 |
| (C) No person shall solicit another by means of a | 17 |
| telecommunications device, as defined in section 2913.01 of the | 18 |
| Revised Code, to engage in sexual activity with the offender when | 19 |
| the offender is eighteen years of age or older and either of the | 20 |
| following applies: | 21 |
| (1) The other person is less than thirteen years of age, and | 22 |
| the offender knows that the other person is less than thirteen | 23 |
| years of age or is reckless in that regard. | 24 |
| (2) The other person is a law enforcement officer posing as a | 25 |
| person who is less than thirteen years of age, and the offender | 26 |
| believes that the other person is less than thirteen years of age | 27 |
| or is reckless in that regard. | 28 |
| (D) No person shall solicit another by means of a | 29 |
| telecommunications device, as defined in section 2913.01 of the | 30 |
| Revised Code, to engage in sexual activity with the offender when | 31 |
| the offender is eighteen years of age or older and either of the | 32 |
| following applies: | 33 |
| (1) The other person is thirteen years of age or older but | 34 |
| less than sixteen years of age, the offender knows that the other | 35 |
| person is thirteen years of age or older but less than sixteen | 36 |
| years of age or is reckless in that regard, and the offender is | 37 |
| four or more years older than the other person. | 38 |
| (2) The other person is a law enforcement officer posing as a | 39 |
| person who is thirteen years of age or older but less than sixteen | 40 |
| years of age, the offender believes that the other person is | 41 |
| thirteen years of age or older but less than sixteen years of age | 42 |
| or is reckless in that regard, and the offender is four or more | 43 |
| years older than the age the law enforcement officer assumes in | 44 |
| posing as the person who is thirteen years of age or older but | 45 |
| less than sixteen years of age. | 46 |
| (E) Divisions (C) and (D) of this section apply to any | 47 |
| solicitation that is contained in a transmission via a | 48 |
| telecommunications device that either originates in this state or | 49 |
| is received in this state. | 50 |
| (F) Whoever violates this section is guilty of importuning. | 51 |
| A violation of division (A) or (C) of this section is a felony of | 52 |
| the third degree on a first offense and a felony of the second | 53 |
|
degree on each
subsequent offense. | 54 |
| 55 | |
| 56 | |
| 57 | |
| 58 | |
| (C) of this section is a felony of the third degree, the court | 59 |
| shall impose upon the offender as a mandatory prison term one of | 60 |
| the prison terms prescribed in section 2929.14 of the Revised | 61 |
| Code for a felony of the third degree. If the violation of | 62 |
| division (A) or (C) of this section is a felony of the second | 63 |
| degree, the court shall impose upon the offender as a mandatory | 64 |
| prison term one of the prison terms prescribed in section 2929.14 | 65 |
| of the Revised Code for a felony of the second degree. A | 66 |
| violation of division (B) or (D) of this section is a felony of | 67 |
| the fifth degree on a first offense and a felony of the fourth | 68 |
| degree on each subsequent offense. If the violation of division | 69 |
| (B) or (D) of this section is a felony of the fifth degree, the | 70 |
| court shall impose upon the offender as a mandatory prison term | 71 |
| one of the prison terms prescribed in section 2929.14 of the | 72 |
| Revised Code for a felony of the fifth degree. If the violation | 73 |
| of division (B) or (D) of this section is a felony of the fourth | 74 |
| degree, the court shall impose upon the offender as a mandatory | 75 |
| prison term one of the prison terms prescribed in section 2929.14 | 76 |
| of the Revised Code for a felony of the fourth degree that is not | 77 |
| less than twelve months in duration. | 78 |
| Sec. 2929.13. (A) Except as provided in division (E), (F), | 79 |
| or (G) of this section and unless a specific sanction is required | 80 |
| to be imposed or is precluded from being imposed pursuant to law, | 81 |
| a court that imposes a sentence upon an offender for a felony may | 82 |
| impose any sanction or combination of sanctions on the offender | 83 |
| that are provided in sections 2929.14 to 2929.18 of the Revised | 84 |
| Code. The sentence shall not impose an unnecessary burden on state | 85 |
| or local government resources. | 86 |
| If the offender is eligible to be sentenced to community | 87 |
| control sanctions, the court shall consider the appropriateness of | 88 |
| imposing a financial sanction pursuant to section 2929.18 of the | 89 |
| Revised Code or a sanction of community service pursuant to | 90 |
| section 2929.17 of the Revised Code as the sole sanction for the | 91 |
| offense. Except as otherwise provided in this division, if the | 92 |
| court is required to impose a mandatory prison term for the | 93 |
| offense for which sentence is being imposed, the court also may | 94 |
| impose a financial sanction pursuant to section 2929.18 of the | 95 |
| Revised Code but may not impose any additional sanction or | 96 |
| combination of sanctions under section 2929.16 or 2929.17 of the | 97 |
| Revised Code. | 98 |
| If the offender is being sentenced for a fourth degree felony | 99 |
| OVI offense or for a third degree felony OVI offense, in addition | 100 |
| to the mandatory term of local incarceration or the mandatory | 101 |
| prison term required for the offense by division (G)(1) or (2) of | 102 |
| this section, the court shall impose upon the offender a mandatory | 103 |
| fine in accordance with division (B)(3) of section 2929.18 of the | 104 |
| Revised Code and may impose whichever of the following is | 105 |
| applicable: | 106 |
| (1) For a fourth degree felony OVI offense for which sentence | 107 |
| is imposed under division (G)(1) of this section, an additional | 108 |
| community control sanction or combination of community control | 109 |
| sanctions under section 2929.16 or 2929.17 of the Revised Code. If | 110 |
| the court imposes upon the offender a community control sanction | 111 |
| and the offender violates any condition of the community control | 112 |
| sanction, the court may take any action prescribed in division (B) | 113 |
| of section 2929.15 of the Revised Code relative to the offender, | 114 |
| including imposing a prison term on the offender pursuant to that | 115 |
| division. | 116 |
| (2) For a third or fourth degree felony OVI offense for which | 117 |
| sentence is imposed under division (G)(2) of this section, an | 118 |
| additional prison term as described in division (D)(4) of section | 119 |
| 2929.14 of the Revised Code or a community control sanction as | 120 |
| described in division (G)(2) of this section. | 121 |
| (B)(1) Except as provided in division (B)(2), (E), (F), or | 122 |
| (G) of this section, in sentencing an offender for a felony of the | 123 |
| fourth or fifth degree, the sentencing court shall determine | 124 |
| whether any of the following apply: | 125 |
| (a) In committing the offense, the offender caused physical | 126 |
| harm to a person. | 127 |
| (b) In committing the offense, the offender attempted to | 128 |
| cause or made an actual threat of physical harm to a person with a | 129 |
| deadly weapon. | 130 |
| (c) In committing the offense, the offender attempted to | 131 |
| cause or made an actual threat of physical harm to a person, and | 132 |
| the offender previously was convicted of an offense that caused | 133 |
| physical harm to a person. | 134 |
| (d) The offender held a public office or position of trust | 135 |
| and the offense related to that office or position; the offender's | 136 |
| position obliged the offender to prevent the offense or to bring | 137 |
| those committing it to justice; or the offender's professional | 138 |
| reputation or position facilitated the offense or was likely to | 139 |
| influence the future conduct of others. | 140 |
| (e) The offender committed the offense for hire or as part of | 141 |
| an organized criminal activity. | 142 |
| (f) The offense is a sex offense that is a fourth or fifth | 143 |
| degree felony violation of section 2907.03, 2907.04, 2907.05, | 144 |
| 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the | 145 |
| Revised Code. | 146 |
| (g) The offender at the time of the offense was serving, or | 147 |
| the offender previously had served, a prison term. | 148 |
| (h) The offender committed the offense while under a | 149 |
| community control sanction, while on probation, or while released | 150 |
| from custody on a bond or personal recognizance. | 151 |
| (i) The offender committed the offense while in possession of | 152 |
| a firearm. | 153 |
| (2)(a) If the court makes a finding described in division | 154 |
| (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this | 155 |
| section and if the court, after considering the factors set forth | 156 |
| in section 2929.12 of the Revised Code, finds that a prison term | 157 |
| is consistent with the purposes and principles of sentencing set | 158 |
| forth in section 2929.11 of the Revised Code and finds that the | 159 |
| offender is not amenable to an available community control | 160 |
| sanction, the court shall impose a prison term upon the offender. | 161 |
| (b) Except as provided in division (E), (F), or (G) of this | 162 |
| section, if the court does not make a finding described in | 163 |
| division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of | 164 |
| this section and if the court, after considering the factors set | 165 |
| forth in section 2929.12 of the Revised Code, finds that a | 166 |
| community control sanction or combination of community control | 167 |
| sanctions is consistent with the purposes and principles of | 168 |
| sentencing set forth in section 2929.11 of the Revised Code, the | 169 |
| court shall impose a community control sanction or combination of | 170 |
| community control sanctions upon the offender. | 171 |
| (C) Except as provided in division (D), (E), (F), or (G) of | 172 |
| this section, in determining whether to impose a prison term as a | 173 |
| sanction for a felony of the third degree or a felony drug offense | 174 |
| that is a violation of a provision of Chapter 2925. of the Revised | 175 |
| Code and that is specified as being subject to this division for | 176 |
| purposes of sentencing, the sentencing court shall comply with the | 177 |
| purposes and principles of sentencing under section 2929.11 of the | 178 |
| Revised Code and with section 2929.12 of the Revised Code. | 179 |
| (D)(1) Except as provided in division (E) or (F) of this | 180 |
| section, for a felony of the first or second degree, for a felony | 181 |
| drug offense that is a violation of any provision of Chapter | 182 |
| 2925., 3719., or 4729. of the Revised Code for which a presumption | 183 |
| in favor of a prison term is specified as being applicable, and | 184 |
| for a violation of division (A)(4) or (B) of section 2907.05 of | 185 |
| the Revised Code for which a presumption in favor of a prison term | 186 |
| is specified as being applicable, it is presumed that a prison | 187 |
| term is necessary in order to comply with the purposes and | 188 |
| principles of sentencing under section 2929.11 of the Revised | 189 |
| Code. Division (D)(2) of this section does not apply to a | 190 |
| presumption established under this division for a violation of | 191 |
| division (A)(4) of section 2907.05 of the Revised Code. | 192 |
| (2) Notwithstanding the presumption established under | 193 |
| division (D)(1) of this section for the offenses listed in that | 194 |
| division other than a violation of division (A)(4) or (B) of | 195 |
| section 2907.05 of the Revised Code, the sentencing court may | 196 |
| impose a community control sanction or a combination of community | 197 |
| control sanctions instead of a prison term on an offender for a | 198 |
| felony of the first or second degree or for a felony drug offense | 199 |
| that is a violation of any provision of Chapter 2925., 3719., or | 200 |
| 4729. of the Revised Code for which a presumption in favor of a | 201 |
| prison term is specified as being applicable if it makes both of | 202 |
| the following findings: | 203 |
| (a) A community control sanction or a combination of | 204 |
| community control sanctions would adequately punish the offender | 205 |
| and protect the public from future crime, because the applicable | 206 |
| factors under section 2929.12 of the Revised Code indicating a | 207 |
| lesser likelihood of recidivism outweigh the applicable factors | 208 |
| under that section indicating a greater likelihood of recidivism. | 209 |
| (b) A community control sanction or a combination of | 210 |
| community control sanctions would not demean the seriousness of | 211 |
| the offense, because one or more factors under section 2929.12 of | 212 |
| the Revised Code that indicate that the offender's conduct was | 213 |
| less serious than conduct normally constituting the offense are | 214 |
| applicable, and they outweigh the applicable factors under that | 215 |
| section that indicate that the offender's conduct was more serious | 216 |
| than conduct normally constituting the offense. | 217 |
| (E)(1) Except as provided in division (F) of this section, | 218 |
| for any drug offense that is a violation of any provision of | 219 |
| Chapter 2925. of the Revised Code and that is a felony of the | 220 |
| third, fourth, or fifth degree, the applicability of a presumption | 221 |
| under division (D) of this section in favor of a prison term or of | 222 |
| division (B) or (C) of this section in determining whether to | 223 |
| impose a prison term for the offense shall be determined as | 224 |
| specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 225 |
| 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the | 226 |
| Revised Code, whichever is applicable regarding the violation. | 227 |
| (2) If an offender who was convicted of or pleaded guilty to | 228 |
| a felony violates the conditions of a community control sanction | 229 |
| imposed for the offense solely by reason of producing positive | 230 |
| results on a drug test, the court, as punishment for the violation | 231 |
| of the sanction, shall not order that the offender be imprisoned | 232 |
| unless the court determines on the record either of the following: | 233 |
| (a) The offender had been ordered as a sanction for the | 234 |
| felony to participate in a drug treatment program, in a drug | 235 |
| education program, or in narcotics anonymous or a similar program, | 236 |
| and the offender continued to use illegal drugs after a reasonable | 237 |
| period of participation in the program. | 238 |
| (b) The imprisonment of the offender for the violation is | 239 |
| consistent with the purposes and principles of sentencing set | 240 |
| forth in section 2929.11 of the Revised Code. | 241 |
| (F) Notwithstanding divisions (A) to (E) of this section, the | 242 |
| court shall impose a prison term or terms under sections 2929.02 | 243 |
| to 2929.06, section 2929.14, section 2929.142, or section 2971.03 | 244 |
| of the Revised Code and except as specifically provided in section | 245 |
| 2929.20 or 2967.191 of the Revised Code or when parole is | 246 |
| authorized for the offense under section 2967.13 of the Revised | 247 |
| Code shall not reduce the term or terms pursuant to section | 248 |
| 2929.20, section 2967.193, or any other provision of Chapter 2967. | 249 |
| or Chapter 5120. of the Revised Code for any of the following | 250 |
| offenses: | 251 |
| (1) Aggravated murder when death is not imposed or murder; | 252 |
| (2) Any rape, regardless of whether force was involved and | 253 |
| regardless of the age of the victim, or an attempt to commit rape | 254 |
| if, had the offender completed the rape that was attempted, the | 255 |
| offender would have been guilty of a violation of division | 256 |
| (A)(1)(b) of section 2907.02 of the Revised Code and would be | 257 |
| sentenced under section 2971.03 of the Revised Code; | 258 |
| (3) Gross sexual imposition or sexual battery, if the victim | 259 |
| is less than thirteen years of age and if any of the following | 260 |
| applies: | 261 |
| (a) Regarding gross sexual imposition, the offender | 262 |
| previously was convicted of or pleaded guilty to rape, the former | 263 |
| offense of felonious sexual penetration, gross sexual imposition, | 264 |
| or sexual battery, and the victim of the previous offense was | 265 |
| less than thirteen years of age; | 266 |
| (b) Regarding gross sexual imposition, the offense was | 267 |
| committed on or after August 3, 2006, and evidence other than the | 268 |
| testimony of the victim was admitted in the case corroborating the | 269 |
| violation. | 270 |
| (c) Regarding sexual battery, either of the following | 271 |
| applies: | 272 |
| (i) The offense was committed prior to August 3, 2006, the | 273 |
| offender previously was convicted of or pleaded guilty to rape, | 274 |
| the former offense of felonious sexual penetration, or sexual | 275 |
| battery, and the victim of the previous offense was less than | 276 |
| thirteen years of age. | 277 |
| (ii) The offense was committed on or after August 3, 2006. | 278 |
| (4) A felony violation of section 2903.04, 2903.06, 2903.08, | 279 |
|
2903.11, 2903.12, | 280 |
| the section requires the imposition of a prison term; | 281 |
| (5) A first, second, or third degree felony drug offense for | 282 |
| which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 283 |
| 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 284 |
| 4729.99 of the Revised Code, whichever is applicable regarding the | 285 |
| violation, requires the imposition of a mandatory prison term; | 286 |
| (6) Any offense that is a first or second degree felony and | 287 |
| that is not set forth in division (F)(1), (2), (3), or (4) of this | 288 |
| section, if the offender previously was convicted of or pleaded | 289 |
| guilty to aggravated murder, murder, any first or second degree | 290 |
| felony, or an offense under an existing or former law of this | 291 |
| state, another state, or the United States that is or was | 292 |
| substantially equivalent to one of those offenses; | 293 |
| (7) Any offense that is a third degree felony and either is | 294 |
| a violation of section 2903.04 of the Revised Code or an attempt | 295 |
| to commit a felony of the second degree that is an offense of | 296 |
| violence and involved an attempt to cause serious physical harm to | 297 |
| a person or that resulted in serious physical harm to a person if | 298 |
| the offender previously was convicted of or pleaded guilty to any | 299 |
| of the following offenses: | 300 |
| (a) Aggravated murder, murder, involuntary manslaughter, | 301 |
| rape, felonious sexual penetration as it existed under section | 302 |
| 2907.12 of the Revised Code prior to September 3, 1996, a felony | 303 |
| of the first or second degree that resulted in the death of a | 304 |
| person or in physical harm to a person, or complicity in or an | 305 |
| attempt to commit any of those offenses; | 306 |
| (b) An offense under an existing or former law of this state, | 307 |
| another state, or the United States that is or was substantially | 308 |
| equivalent to an offense listed in division (F)(7)(a) of this | 309 |
| section that resulted in the death of a person or in physical harm | 310 |
| to a person. | 311 |
| (8) Any offense, other than a violation of section 2923.12 of | 312 |
| the Revised Code, that is a felony, if the offender had a firearm | 313 |
| on or about the offender's person or under the offender's control | 314 |
| while committing the felony, with respect to a portion of the | 315 |
| sentence imposed pursuant to division (D)(1)(a) of section 2929.14 | 316 |
| of the Revised Code for having the firearm; | 317 |
| (9) Any offense of violence that is a felony, if the offender | 318 |
| wore or carried body armor while committing the felony offense of | 319 |
| violence, with respect to the portion of the sentence imposed | 320 |
| pursuant to division (D)(1)(d) of section 2929.14 of the Revised | 321 |
| Code for wearing or carrying the body armor; | 322 |
| (10) Corrupt activity in violation of section 2923.32 of the | 323 |
| Revised Code when the most serious offense in the pattern of | 324 |
| corrupt activity that is the basis of the offense is a felony of | 325 |
| the first degree; | 326 |
| (11) Any violent sex offense or designated homicide, assault, | 327 |
| or kidnapping offense if, in relation to that offense, the | 328 |
| offender is adjudicated a sexually violent predator; | 329 |
| (12) A violation of division (A)(1) or (2) of section 2921.36 | 330 |
| of the Revised Code, or a violation of division (C) of that | 331 |
| section involving an item listed in division (A)(1) or (2) of that | 332 |
| section, if the offender is an officer or employee of the | 333 |
| department of rehabilitation and correction; | 334 |
| (13) A violation of division (A)(1) or (2) of section 2903.06 | 335 |
| of the Revised Code if the victim of the offense is a peace | 336 |
| officer, as defined in section 2935.01 of the Revised Code, or an | 337 |
| investigator of the bureau of criminal identification and | 338 |
| investigation, as defined in section 2903.11 of the Revised Code, | 339 |
| with respect to the portion of the sentence imposed pursuant to | 340 |
| division (D)(5) of section 2929.14 of the Revised Code; | 341 |
| (14) A violation of division (A)(1) or (2) of section 2903.06 | 342 |
| of the Revised Code if the offender has been convicted of or | 343 |
| pleaded guilty to three or more violations of division (A) or (B) | 344 |
| of section 4511.19 of the Revised Code or an equivalent offense, | 345 |
| as defined in section 2941.1415 of the Revised Code, or three or | 346 |
| more violations of any combination of those divisions and | 347 |
| offenses, with respect to the portion of the sentence imposed | 348 |
| pursuant to division (D)(6) of section 2929.14 of the Revised | 349 |
| Code; | 350 |
| (15) Kidnapping, in the circumstances specified in section | 351 |
| 2971.03 of the Revised Code and when no other provision of | 352 |
| division (F) of this section applies. | 353 |
| (G) Notwithstanding divisions (A) to (E) of this section, if | 354 |
| an offender is being sentenced for a fourth degree felony OVI | 355 |
| offense or for a third degree felony OVI offense, the court shall | 356 |
| impose upon the offender a mandatory term of local incarceration | 357 |
| or a mandatory prison term in accordance with the following: | 358 |
| (1) If the offender is being sentenced for a fourth degree | 359 |
| felony OVI offense and if the offender has not been convicted of | 360 |
| and has not pleaded guilty to a specification of the type | 361 |
| described in section 2941.1413 of the Revised Code, the court may | 362 |
| impose upon the offender a mandatory term of local incarceration | 363 |
| of sixty days or one hundred twenty days as specified in division | 364 |
| (G)(1)(d) of section 4511.19 of the Revised Code. The court shall | 365 |
| not reduce the term pursuant to section 2929.20, 2967.193, or any | 366 |
| other provision of the Revised Code. The court that imposes a | 367 |
| mandatory term of local incarceration under this division shall | 368 |
| specify whether the term is to be served in a jail, a | 369 |
| community-based correctional facility, a halfway house, or an | 370 |
| alternative residential facility, and the offender shall serve the | 371 |
| term in the type of facility specified by the court. A mandatory | 372 |
| term of local incarceration imposed under division (G)(1) of this | 373 |
| section is not subject to extension under section 2967.11 of the | 374 |
| Revised Code, to a period of post-release control under section | 375 |
| 2967.28 of the Revised Code, or to any other Revised Code | 376 |
| provision that pertains to a prison term except as provided in | 377 |
| division (A)(1) of this section. | 378 |
| (2) If the offender is being sentenced for a third degree | 379 |
| felony OVI offense, or if the offender is being sentenced for a | 380 |
| fourth degree felony OVI offense and the court does not impose a | 381 |
| mandatory term of local incarceration under division (G)(1) of | 382 |
| this section, the court shall impose upon the offender a mandatory | 383 |
| prison term of one, two, three, four, or five years if the | 384 |
| offender also is convicted of or also pleads guilty to a | 385 |
| specification of the type described in section 2941.1413 of the | 386 |
| Revised Code or shall impose upon the offender a mandatory prison | 387 |
| term of sixty days or one hundred twenty days as specified in | 388 |
| division (G)(1)(d) or (e) of section 4511.19 of the Revised Code | 389 |
| if the offender has not been convicted of and has not pleaded | 390 |
| guilty to a specification of that type. The court shall not reduce | 391 |
| the term pursuant to section 2929.20, 2967.193, or any other | 392 |
| provision of the Revised Code. The offender shall serve the one-, | 393 |
| two-, three-, four-, or five-year mandatory prison term | 394 |
| consecutively to and prior to the prison term imposed for the | 395 |
| underlying offense and consecutively to any other mandatory prison | 396 |
| term imposed in relation to the offense. In no case shall an | 397 |
| offender who once has been sentenced to a mandatory term of local | 398 |
| incarceration pursuant to division (G)(1) of this section for a | 399 |
| fourth degree felony OVI offense be sentenced to another mandatory | 400 |
| term of local incarceration under that division for any violation | 401 |
| of division (A) of section 4511.19 of the Revised Code. In | 402 |
| addition to the mandatory prison term described in division (G)(2) | 403 |
| of this section, the court may sentence the offender to a | 404 |
| community control sanction under section 2929.16 or 2929.17 of the | 405 |
| Revised Code, but the offender shall serve the prison term prior | 406 |
| to serving the community control sanction. The department of | 407 |
| rehabilitation and correction may place an offender sentenced to a | 408 |
| mandatory prison term under this division in an intensive program | 409 |
| prison established pursuant to section 5120.033 of the Revised | 410 |
| Code if the department gave the sentencing judge prior notice of | 411 |
| its intent to place the offender in an intensive program prison | 412 |
| established under that section and if the judge did not notify the | 413 |
| department that the judge disapproved the placement. Upon the | 414 |
| establishment of the initial intensive program prison pursuant to | 415 |
| section 5120.033 of the Revised Code that is privately operated | 416 |
| and managed by a contractor pursuant to a contract entered into | 417 |
| under section 9.06 of the Revised Code, both of the following | 418 |
| apply: | 419 |
| (a) The department of rehabilitation and correction shall | 420 |
| make a reasonable effort to ensure that a sufficient number of | 421 |
| offenders sentenced to a mandatory prison term under this division | 422 |
| are placed in the privately operated and managed prison so that | 423 |
| the privately operated and managed prison has full occupancy. | 424 |
| (b) Unless the privately operated and managed prison has full | 425 |
| occupancy, the department of rehabilitation and correction shall | 426 |
| not place any offender sentenced to a mandatory prison term under | 427 |
| this division in any intensive program prison established pursuant | 428 |
| to section 5120.033 of the Revised Code other than the privately | 429 |
| operated and managed prison. | 430 |
| (H) If an offender is being sentenced for a sexually oriented | 431 |
| offense or child-victim oriented offense that is a felony | 432 |
| committed on or after January 1, 1997, the judge shall require the | 433 |
| offender to submit to a DNA specimen collection procedure pursuant | 434 |
| to section 2901.07 of the Revised Code. | 435 |
| (I) If an offender is being sentenced for a sexually oriented | 436 |
| offense or a child-victim oriented offense committed on or after | 437 |
| January 1, 1997, the judge shall include in the sentence a | 438 |
| summary of the offender's duties imposed under sections 2950.04, | 439 |
| 2950.041, 2950.05, and 2950.06 of the Revised Code and the | 440 |
| duration of the duties. The judge shall inform the offender, at | 441 |
| the time of sentencing, of those duties and of their duration. If | 442 |
| required under division (A)(2) of section 2950.03 of the Revised | 443 |
| Code, the judge shall perform the duties specified in that | 444 |
| section, or, if required under division (A)(6) of section 2950.03 | 445 |
| of the Revised Code, the judge shall perform the duties specified | 446 |
| in that division. | 447 |
| (J)(1) Except as provided in division (J)(2) of this section, | 448 |
| when considering sentencing factors under this section in relation | 449 |
| to an offender who is convicted of or pleads guilty to an attempt | 450 |
| to commit an offense in violation of section 2923.02 of the | 451 |
| Revised Code, the sentencing court shall consider the factors | 452 |
| applicable to the felony category of the violation of section | 453 |
| 2923.02 of the Revised Code instead of the factors applicable to | 454 |
| the felony category of the offense attempted. | 455 |
| (2) When considering sentencing factors under this section in | 456 |
| relation to an offender who is convicted of or pleads guilty to an | 457 |
| attempt to commit a drug abuse offense for which the penalty is | 458 |
| determined by the amount or number of unit doses of the controlled | 459 |
| substance involved in the drug abuse offense, the sentencing court | 460 |
| shall consider the factors applicable to the felony category that | 461 |
| the drug abuse offense attempted would be if that drug abuse | 462 |
| offense had been committed and had involved an amount or number of | 463 |
| unit doses of the controlled substance that is within the next | 464 |
| lower range of controlled substance amounts than was involved in | 465 |
| the attempt. | 466 |
| (K) As used in this section, "drug abuse offense" has the | 467 |
| same meaning as in section 2925.01 of the Revised Code. | 468 |
| (L) At the time of sentencing an offender for any sexually | 469 |
| oriented offense, if the offender is a tier III sex | 470 |
| offender/child-victim offender relative to that offense and the | 471 |
| offender does not serve a prison term or jail term, the court may | 472 |
| require that the offender be monitored by means of a global | 473 |
| positioning device. If the court requires such monitoring, the | 474 |
| cost of monitoring shall be borne by the offender. If the | 475 |
| offender is indigent, the cost of compliance shall be paid by the | 476 |
| crime victims reparations fund. | 477 |
| Section 2. That existing sections 2907.07 and 2929.13 of the | 478 |
| Revised Code are hereby repealed. | 479 |