(B) Whoever violates this section is guilty of involuntary | 36 |
servitude. A violation of division (A)(1) of this section is a | 37 |
felony of the first degree, and the court may impose a term of | 38 |
years not to exceed ten years in addition to the penalty imposed | 39 |
for a felony of the first degree. A violation of division (A)(2) | 40 |
of this section is a felony of the second degree, and the court | 41 |
may impose a term of years not to exceed seven years in addition | 42 |
to the penalty imposed for a felony of the second degree. A | 43 |
violation of division (A)(3) of this section is a felony of the | 44 |
third degree, and the court may impose a term of years not to | 45 |
exceed five years in addition to the penalty imposed for a felony | 46 |
of the third degree. A violation of division (A)(4) of this | 47 |
section is a felony of the third degree. A violation of division | 48 |
(A)(5) of this section is a felony of the fifth degree, and the | 49 |
court may impose a term of years not to exceed two years in | 50 |
addition to the penalty imposed for a felony of the fifth degree. | 51 |
(B) Whoever violates this section is guilty of sexual | 63 |
servitude of a minor. If the victim of the offense is between | 64 |
sixteen years of age and eighteen years of age and the violation | 65 |
does not involve overt force or threat of force, sexual servitude | 66 |
of a minor is a felony of the first degree, and the court may | 67 |
impose a term of years not to exceed five years in addition to the | 68 |
penalty for a felony of the first degree. If the victim of the | 69 |
offense has not reached sixteen years of age and the violation | 70 |
does not involve overt force or threat of force, sexual servitude | 71 |
of a minor is a felony of the first degree, and the court may | 72 |
impose a term of years not to exceed ten years in addition to the | 73 |
penalty for a felony of the first degree. If the violation does | 74 |
involve overt force or threat of force, sexual servitude of a | 75 |
minor is a felony of the first degree, and the court may impose a | 76 |
term of years not to exceed fifteen years in addition to the | 77 |
penalty for a felony of the first degree. | 78 |
Sec. 2905.35. (A) The attorney general, in consultation with | 91 |
the department of job and family services and not later than one | 92 |
year from the effective date of this section, shall issue a report | 93 |
outlining how existing victim protection laws and regulations | 94 |
respond to the needs of victims of a violation of section 2905.32, | 95 |
2905.33, or 2905.34 of the Revised Code and suggesting areas of | 96 |
improvement and modification of existing victim protection laws. | 97 |
(B) The department of job and family services, in | 98 |
consultation with the attorney general and not later than one year | 99 |
from the effective date of this section, shall issue a report | 100 |
outlining how existing social service programs respond or fail to | 101 |
respond to the needs of victims of a violation of section 2905.32, | 102 |
2905.33, or 2905.34 of the Revised Code and the interplay of | 103 |
existing social service programs with federally funded victim | 104 |
service programs and suggesting areas of improvement and | 105 |
modification of existing social service programs. | 106 |
Sec. 2929.18. (A) Except as otherwise provided in this | 107 |
division and in addition to imposing court costs pursuant to | 108 |
section 2947.23
of the Revised Code, the court imposing a sentence | 109 |
upon an offender for a
felony may sentence the offender to any | 110 |
financial sanction or combination of
financial
sanctions | 111 |
authorized under this section or, in the circumstances specified | 112 |
in section
2929.32 of the Revised Code, may impose upon
the | 113 |
offender a fine in accordance with that section.
Financial | 114 |
sanctions
that may be imposed pursuant to this section
include, | 115 |
but are
not limited to, the following: | 116 |
(1)(a) Restitution by the offender to the victim of the | 117 |
offender's crime or any survivor of the victim, in an amount
based | 118 |
on the victim's economic loss. If the court imposes restitution, | 119 |
the court shall order that the
restitution be made
to the victim | 120 |
in open court, to the adult
probation department that serves
the | 121 |
county
on behalf of the
victim, to the clerk of courts, or to | 122 |
another agency
designated by
the court. If the court imposes | 123 |
restitution, at sentencing, the court shall determine
the
amount | 124 |
of
restitution to be made by the offender.
If the court imposes | 125 |
restitution, the court may
base the amount of restitution it | 126 |
orders on an amount recommended
by the victim, the offender, a | 127 |
presentence investigation report,
estimates or receipts indicating | 128 |
the cost of repairing or
replacing property, and other | 129 |
information, provided that the amount the court orders as | 130 |
restitution shall not exceed the amount of the economic loss | 131 |
suffered by the victim as a direct and proximate result of the | 132 |
commission of the offense. If the court decides to impose | 133 |
restitution, the court shall hold a
hearing on restitution if the | 134 |
offender, victim, or survivor
disputes the amount. All
restitution | 135 |
payments
shall be credited
against any recovery of
economic loss | 136 |
in a
civil action brought by
the victim or any
survivor of the | 137 |
victim
against the offender. | 138 |
(2) Except as provided in division (B)(1), (3), or (4) of | 158 |
this section, a fine payable by the offender to the state, to a | 159 |
political subdivision, or as described in division (B)(2)
of this | 160 |
section to one or more law enforcement agencies, with the
amount | 161 |
of the fine based on a standard percentage of the
offender's daily | 162 |
income over a period of time determined by the
court and based | 163 |
upon the seriousness of the offense. A fine
ordered under this | 164 |
division shall not exceed the
maximum conventional fine
amount | 165 |
authorized for
the level of the offense under division
(A)(3) of | 166 |
this section. | 167 |
(b) If the offender is sentenced to a sanction of
confinement | 197 |
pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is | 198 |
to be served in a facility
operated by a board of
county | 199 |
commissioners, a legislative authority of a
municipal
corporation, | 200 |
or another local governmental entity,
if, pursuant to
section | 201 |
307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, | 202 |
or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised | 203 |
Code,
the
board,
legislative
authority, or other local | 204 |
governmental
entity requires
prisoners
to
reimburse
the county, | 205 |
municipal
corporation,
or other entity
for
its expenses incurred | 206 |
by reason
of the
prisoner's confinement,
and if the
court
does not | 207 |
impose a
financial
sanction under
division (A)(5)(a)(ii)
of this | 208 |
section,
confinement
costs may be
assessed pursuant to section | 209 |
2929.37 of
the Revised Code. In
addition, the offender may be | 210 |
required to pay
the fees specified
in section 2929.38 of the | 211 |
Revised Code in
accordance with that
section. | 212 |
(B)(1) For a first, second, or third degree
felony violation | 215 |
of any provision of Chapter 2925.,
3719., or 4729. of the Revised | 216 |
Code, the
sentencing court shall impose upon the offender a | 217 |
mandatory fine
of at least one-half of, but not more than, the | 218 |
maximum statutory
fine amount authorized for the level of the | 219 |
offense pursuant to
division (A)(3) of this section. If an | 220 |
offender alleges in an affidavit filed
with the court prior
to | 221 |
sentencing that the offender is indigent and unable to pay the | 222 |
mandatory fine and if the court determines the offender is an | 223 |
indigent person and is unable to pay the mandatory fine described | 224 |
in this
division, the court shall not impose the mandatory fine | 225 |
upon the offender. | 226 |
(4) Notwithstanding any fine
otherwise authorized or
required | 240 |
to be imposed under division
(A)(2) or (3) or (B)(1) of
this | 241 |
section or section 2929.31
of the Revised Code for a
violation of | 242 |
section 2925.03 of the Revised Code, in
addition to
any
penalty or | 243 |
sanction imposed for that offense under section
2925.03 or | 244 |
sections 2929.11 to 2929.18 of the
Revised Code and in
addition to | 245 |
the
forfeiture of property in connection with the
offense as | 246 |
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the | 247 |
court that sentences
an offender for a violation
of section | 248 |
2925.03 of
the Revised Code may impose upon the
offender a fine in | 249 |
addition to any fine imposed under division
(A)(2) or (3) of this | 250 |
section
and in addition to any mandatory
fine imposed under | 251 |
division
(B)(1) of this section. The fine
imposed under division | 252 |
(B)(4) of this section shall be used as
provided in division
(H) | 253 |
of section 2925.03 of the Revised Code.
A
fine
imposed under | 254 |
division (B)(4) of this section shall not
exceed
whichever of the | 255 |
following is applicable: | 256 |
(b) If the offender has no interest
in any property of the | 263 |
type described in division
(B)(4)(a) of this section or if it is | 264 |
not possible to
ascertain whether
the offender has an interest in | 265 |
any property of that type in
which the offender may have an | 266 |
interest, the amount of the
mandatory fine for the offense imposed | 267 |
under division
(B)(1) of this section or, if no mandatory fine is | 268 |
imposed under
division (B)(1) of this section, the amount of the | 269 |
fine authorized
for the level of the offense
imposed under | 270 |
division (A)(3) of this section. | 271 |
(5) Prior to imposing a fine under division
(B)(4) of this | 272 |
section, the
court shall determine whether the offender has an | 273 |
interest in
any property of the type described in division | 274 |
(B)(4)(a) of this section. Except as provided in
division (B)(6) | 275 |
or (7) of this section,
a fine that is authorized and imposed | 276 |
under division
(B)(4) of this section does not
limit or affect the | 277 |
imposition of the penalties and sanctions
for a violation of | 278 |
section 2925.03 of the Revised Code
prescribed under
those | 279 |
sections
or sections 2929.11 to 2929.18 of the
Revised Code and | 280 |
does not limit or
affect a forfeiture of property in connection | 281 |
with the offense
as prescribed in sections 2925.42 to 2925.45 of | 282 |
the
Revised Code. | 283 |
(6) If the sum total of a mandatory fine amount imposed
for
a | 284 |
first, second, or third degree felony violation of section
2925.03 | 285 |
of the Revised Code under division
(B)(1) of this section
plus the | 286 |
amount of any fine imposed under division
(B)(4) of this
section | 287 |
does not
exceed the maximum statutory fine amount
authorized for | 288 |
the
level of the offense under division (A)(3) of
this section or | 289 |
section 2929.31 of the Revised Code, the court may
impose a
fine | 290 |
for the offense in addition to the mandatory fine
and the
fine | 291 |
imposed under division (B)(4) of this section. The
sum total of | 292 |
the amounts of the mandatory fine, the fine imposed
under division | 293 |
(B)(4) of this
section, and the additional fine
imposed under | 294 |
division
(B)(6) of this section shall
not exceed the
maximum | 295 |
statutory fine amount authorized for the
level of the
offense | 296 |
under division (A)(3) of this section or
section 2929.31
of the | 297 |
Revised Code. The clerk of the court
shall pay any fine
that is | 298 |
imposed under division
(B)(6) of this section to the
county, | 299 |
township, municipal
corporation, park district as
created
pursuant | 300 |
to section 511.18 or 1545.04 of the
Revised Code, or
state law | 301 |
enforcement
agencies in this state that primarily were
responsible | 302 |
for or
involved in making the arrest of, and in
prosecuting, the | 303 |
offender pursuant to division (F) of section
2925.03 of the | 304 |
Revised Code. | 305 |
(7) If the sum total of the amount of a mandatory fine | 306 |
imposed for a first, second, or third degree felony violation of | 307 |
section 2925.03 of the Revised Code plus the amount of any
fine | 308 |
imposed under division (B)(4) of this section exceeds
the maximum | 309 |
statutory fine amount authorized for the level of
the offense | 310 |
under division (A)(3) of this section or
section 2929.31 of the | 311 |
Revised Code, the court shall not
impose a fine under division | 312 |
(B)(6) of this section. | 313 |
(C)(1) The offender shall pay reimbursements
imposed upon
the | 314 |
offender pursuant to division
(A)(5)(a) of this
section to
pay
the | 315 |
costs incurred by the department of rehabilitation and
correction | 316 |
in operating a
prison or other facility used to confine
offenders | 317 |
pursuant to sanctions
imposed under section 2929.14, 2929.142, or | 318 |
2929.16 of the Revised
Code to the treasurer of state. The | 319 |
treasurer of state
shall deposit the reimbursements in the | 320 |
confinement cost
reimbursement fund that is hereby created in the | 321 |
state
treasury. The department of rehabilitation and correction | 322 |
shall
use the amounts deposited in the fund to fund the operation | 323 |
of
facilities used to confine offenders pursuant to sections | 324 |
2929.14, 2929.142,
and 2929.16 of the Revised Code. | 325 |
(2) Except as provided in section 2951.021 of the Revised | 326 |
Code, the offender
shall pay reimbursements imposed upon the | 327 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 328 |
costs incurred by a county pursuant to any
sanction imposed
under | 329 |
this section or section 2929.16 or 2929.17
of the Revised
Code or | 330 |
in operating a facility
used to confine offenders pursuant
to a | 331 |
sanction imposed under
section 2929.16 of the Revised Code to
the | 332 |
county
treasurer. The county treasurer shall deposit the | 333 |
reimbursements in the sanction cost reimbursement fund that each | 334 |
board of county commissioners shall create in its county
treasury. | 335 |
The county shall use the amounts deposited in the fund
to pay the | 336 |
costs incurred by the county pursuant to any sanction
imposed | 337 |
under this section or section 2929.16 or 2929.17 of the
Revised | 338 |
Code or in operating a facility used to
confine offenders pursuant | 339 |
to a sanction imposed under section
2929.16 of the Revised Code. | 340 |
(3) Except as provided in section 2951.021 of the Revised | 341 |
Code, the offender
shall pay reimbursements imposed upon the | 342 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 343 |
costs incurred by a municipal corporation
pursuant to any
sanction | 344 |
imposed under this section or section
2929.16 or 2929.17
of the | 345 |
Revised Code or in
operating a facility used to confine
offenders | 346 |
pursuant to a
sanction imposed under section 2929.16 of
the | 347 |
Revised
Code to the treasurer of the municipal
corporation.
The | 348 |
treasurer shall deposit the reimbursements
in a special fund
that | 349 |
shall be established in the
treasury of each municipal | 350 |
corporation. The municipal
corporation shall use the amounts | 351 |
deposited in the fund to pay
the costs incurred by the municipal | 352 |
corporation pursuant to any
sanction imposed under this section or | 353 |
section 2929.16 or 2929.17
of the Revised Code or in operating a | 354 |
facility
used to confine offenders pursuant to a sanction imposed | 355 |
under
section 2929.16 of the Revised Code. | 356 |
(D)
Except as otherwise provided in this division, a | 362 |
financial sanction imposed pursuant to division (A) or
(B) of this | 363 |
section is a judgment in favor of the state or a
political | 364 |
subdivision in which the court that imposed the
financial
sanction | 365 |
is located, and the offender subject to the financial sanction is | 366 |
the judgment debtor. A financial sanction of
reimbursement
imposed | 367 |
pursuant to division
(A)(5)(a)(ii) of this
section upon
an | 368 |
offender who is incarcerated in a state facility
or a municipal | 369 |
jail is a judgment in favor of the state or the
municipal | 370 |
corporation, and the offender subject to the financial sanction is | 371 |
the judgment debtor. A financial sanction of reimbursement
imposed | 372 |
upon an
offender pursuant to this section for costs
incurred by a | 373 |
private provider of
sanctions is a judgment in favor
of the | 374 |
private provider, and the offender subject to the financial | 375 |
sanction is the judgment debtor. A
financial sanction of | 376 |
restitution
imposed
pursuant to this section is an order in favor | 377 |
of the
victim of
the offender's criminal act that can be collected | 378 |
through execution as described in division (D)(1) of this section | 379 |
or through an order as described in division (D)(2) of this | 380 |
section, and the offender shall be considered for purposes of the | 381 |
collection as the judgment debtor. Imposition of a financial | 382 |
sanction and execution on the
judgment does not preclude any other | 383 |
power of the court to impose or enforce
sanctions on the offender. | 384 |
Once the financial sanction is
imposed as a judgment or order | 385 |
under this division, the victim,
private provider, state, or | 386 |
political subdivision may bring an
action to do any of the | 387 |
following: | 388 |
(F) Each court imposing a financial sanction
upon an
offender | 414 |
under this section or under section
2929.32 of
the
Revised
Code | 415 |
may designate
the clerk of the court
or another person to collect | 416 |
the financial sanction. The
clerk or other person authorized by | 417 |
law or the court to collect
the financial sanction may
enter into | 418 |
contracts with one or more
public agencies or private
vendors for | 419 |
the collection of, amounts
due under the financial
sanction | 420 |
imposed pursuant to this
section
or section
2929.32 of
the Revised | 421 |
Code. Before entering
into a
contract for the
collection of | 422 |
amounts due from an offender
pursuant to any
financial sanction | 423 |
imposed
pursuant to this
section or section
2929.32 of the Revised | 424 |
Code,
a court
shall comply with sections
307.86 to 307.92 of the | 425 |
Revised Code. | 426 |
Sec. 2929.18. (A) Except as otherwise provided in this | 442 |
division and in addition to imposing court costs pursuant to | 443 |
section 2947.23
of the Revised Code, the court imposing a sentence | 444 |
upon an offender for a
felony may sentence the offender to any | 445 |
financial sanction or combination of
financial
sanctions | 446 |
authorized under this section or, in the circumstances specified | 447 |
in section
2929.32 of the Revised Code, may impose upon
the | 448 |
offender a fine in accordance with that section.
Financial | 449 |
sanctions
that may be imposed pursuant to this section
include, | 450 |
but are
not limited to, the following: | 451 |
(1)(a) Restitution by the offender to the victim of the | 452 |
offender's crime or any survivor of the victim, in an amount
based | 453 |
on the victim's economic loss. If the court imposes restitution, | 454 |
the court shall order that the
restitution be made
to the victim | 455 |
in open court, to the adult
probation department that serves
the | 456 |
county
on behalf of the
victim, to the clerk of courts, or to | 457 |
another agency
designated by
the court. If the court imposes | 458 |
restitution, at sentencing, the court shall determine
the
amount | 459 |
of
restitution to be made by the offender.
If the court imposes | 460 |
restitution, the court may
base the amount of restitution it | 461 |
orders on an amount recommended
by the victim, the offender, a | 462 |
presentence investigation report,
estimates or receipts indicating | 463 |
the cost of repairing or
replacing property, and other | 464 |
information, provided that the amount the court orders as | 465 |
restitution shall not exceed the amount of the economic loss | 466 |
suffered by the victim as a direct and proximate result of the | 467 |
commission of the offense. If the court decides to impose | 468 |
restitution, the court shall hold a
hearing on restitution if the | 469 |
offender, victim, or survivor
disputes the amount. All
restitution | 470 |
payments
shall be credited
against any recovery of
economic loss | 471 |
in a
civil action brought by
the victim or any
survivor of the | 472 |
victim
against the offender. | 473 |
(2) Except as provided in division (B)(1), (3), or (4) of | 493 |
this section, a fine payable by the offender to the state, to a | 494 |
political subdivision, or as described in division (B)(2)
of this | 495 |
section to one or more law enforcement agencies, with the
amount | 496 |
of the fine based on a standard percentage of the
offender's daily | 497 |
income over a period of time determined by the
court and based | 498 |
upon the seriousness of the offense. A fine
ordered under this | 499 |
division shall not exceed the
maximum conventional fine
amount | 500 |
authorized for
the level of the offense under division
(A)(3) of | 501 |
this section. | 502 |
(b) If the offender is sentenced to a sanction of
confinement | 532 |
pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is | 533 |
to be served in a facility
operated by a board of
county | 534 |
commissioners, a legislative authority of a
municipal
corporation, | 535 |
or another local governmental entity,
if, pursuant to
section | 536 |
307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, | 537 |
or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised | 538 |
Code,
the
board,
legislative
authority, or other local | 539 |
governmental
entity requires
prisoners
to
reimburse
the county, | 540 |
municipal
corporation,
or other entity
for
its expenses incurred | 541 |
by reason
of the
prisoner's confinement,
and if the
court
does not | 542 |
impose a
financial
sanction under
division (A)(5)(a)(ii)
of this | 543 |
section,
confinement
costs may be
assessed pursuant to section | 544 |
2929.37 of
the Revised Code. In
addition, the offender may be | 545 |
required to pay
the fees specified
in section 2929.38 of the | 546 |
Revised Code in
accordance with that
section. | 547 |
(B)(1) For a first, second, or third degree
felony violation | 550 |
of any provision of Chapter 2925.,
3719., or 4729. of the Revised | 551 |
Code, the
sentencing court shall impose upon the offender a | 552 |
mandatory fine
of at least one-half of, but not more than, the | 553 |
maximum statutory
fine amount authorized for the level of the | 554 |
offense pursuant to
division (A)(3) of this section. If an | 555 |
offender alleges in an affidavit filed
with the court prior
to | 556 |
sentencing that the offender is indigent and unable to pay the | 557 |
mandatory fine and if the court determines the offender is an | 558 |
indigent person and is unable to pay the mandatory fine described | 559 |
in this
division, the court shall not impose the mandatory fine | 560 |
upon the offender. | 561 |
(4) Notwithstanding any fine
otherwise authorized or
required | 575 |
to be imposed under division
(A)(2) or (3) or (B)(1) of
this | 576 |
section or section 2929.31
of the Revised Code for a
violation of | 577 |
section 2925.03 of the Revised Code, in
addition to
any
penalty or | 578 |
sanction imposed for that offense under section
2925.03 or | 579 |
sections 2929.11 to 2929.18 of the
Revised Code and in
addition to | 580 |
the
forfeiture of property in connection with the
offense as | 581 |
prescribed in Chapter 2981. of the
Revised Code, the court that | 582 |
sentences
an offender for a violation
of section 2925.03 of
the | 583 |
Revised Code may impose upon the
offender a fine in addition to | 584 |
any fine imposed under division
(A)(2) or (3) of this section
and | 585 |
in addition to any mandatory
fine imposed under division
(B)(1) of | 586 |
this section. The fine
imposed under division
(B)(4) of this | 587 |
section shall be used as
provided in division
(H) of section | 588 |
2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) | 589 |
of this section shall not
exceed
whichever of the following is | 590 |
applicable: | 591 |
(b) If the offender has no interest
in any property of the | 598 |
type described in division
(B)(4)(a) of this section or if it is | 599 |
not possible to
ascertain whether
the offender has an interest in | 600 |
any property of that type in
which the offender may have an | 601 |
interest, the amount of the
mandatory fine for the offense imposed | 602 |
under division
(B)(1) of this section or, if no mandatory fine is | 603 |
imposed under
division (B)(1) of this section, the amount of the | 604 |
fine authorized
for the level of the offense
imposed under | 605 |
division (A)(3) of this section. | 606 |
(5) Prior to imposing a fine under division
(B)(4) of this | 607 |
section, the
court shall determine whether the offender has an | 608 |
interest in
any property of the type described in division | 609 |
(B)(4)(a) of this section. Except as provided in
division (B)(6) | 610 |
or (7) of this section,
a fine that is authorized and imposed | 611 |
under division
(B)(4) of this section does not
limit or affect the | 612 |
imposition of the penalties and sanctions
for a violation of | 613 |
section 2925.03 of the Revised Code
prescribed under
those | 614 |
sections
or sections 2929.11 to 2929.18 of the
Revised Code and | 615 |
does not limit or
affect a forfeiture of property in connection | 616 |
with the offense
as prescribed in Chapter 2981. of
the
Revised | 617 |
Code. | 618 |
(6) If the sum total of a mandatory fine amount imposed
for
a | 619 |
first, second, or third degree felony violation of section
2925.03 | 620 |
of the Revised Code under division
(B)(1) of this section
plus the | 621 |
amount of any fine imposed under division
(B)(4) of this
section | 622 |
does not
exceed the maximum statutory fine amount
authorized for | 623 |
the
level of the offense under division (A)(3) of
this section or | 624 |
section 2929.31 of the Revised Code, the court may
impose a
fine | 625 |
for the offense in addition to the mandatory fine
and the
fine | 626 |
imposed under division (B)(4) of this section. The
sum total of | 627 |
the amounts of the mandatory fine, the fine imposed
under division | 628 |
(B)(4) of this
section, and the additional fine
imposed under | 629 |
division
(B)(6) of this section shall
not exceed the
maximum | 630 |
statutory fine amount authorized for the
level of the
offense | 631 |
under division (A)(3) of this section or
section 2929.31
of the | 632 |
Revised Code. The clerk of the court
shall pay any fine
that is | 633 |
imposed under division
(B)(6) of this section to the
county, | 634 |
township, municipal
corporation, park district as
created
pursuant | 635 |
to section 511.18 or 1545.04 of the
Revised Code, or
state law | 636 |
enforcement
agencies in this state that primarily were
responsible | 637 |
for or
involved in making the arrest of, and in
prosecuting, the | 638 |
offender pursuant to division (F) of section
2925.03 of the | 639 |
Revised Code. | 640 |
(7) If the sum total of the amount of a mandatory fine | 641 |
imposed for a first, second, or third degree felony violation of | 642 |
section 2925.03 of the Revised Code plus the amount of any
fine | 643 |
imposed under division (B)(4) of this section exceeds
the maximum | 644 |
statutory fine amount authorized for the level of
the offense | 645 |
under division (A)(3) of this section or
section 2929.31 of the | 646 |
Revised Code, the court shall not
impose a fine under division | 647 |
(B)(6) of this section. | 648 |
(C)(1) The offender shall pay reimbursements
imposed upon
the | 649 |
offender pursuant to division
(A)(5)(a) of this
section to
pay
the | 650 |
costs incurred by the department of rehabilitation and
correction | 651 |
in operating a
prison or other facility used to confine
offenders | 652 |
pursuant to sanctions
imposed under section 2929.14, 2929.142, or | 653 |
2929.16 of the Revised
Code to the treasurer of state. The | 654 |
treasurer of state
shall deposit the reimbursements in the | 655 |
confinement cost
reimbursement fund that is hereby created in the | 656 |
state
treasury. The department of rehabilitation and correction | 657 |
shall
use the amounts deposited in the fund to fund the operation | 658 |
of
facilities used to confine offenders pursuant to sections | 659 |
2929.14, 2929.142,
and 2929.16 of the Revised Code. | 660 |
(2) Except as provided in section 2951.021 of the Revised | 661 |
Code, the offender
shall pay reimbursements imposed upon the | 662 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 663 |
costs incurred by a county pursuant to any
sanction imposed
under | 664 |
this section or section 2929.16 or 2929.17
of the Revised
Code or | 665 |
in operating a facility
used to confine offenders pursuant
to a | 666 |
sanction imposed under
section 2929.16 of the Revised Code to
the | 667 |
county
treasurer. The county treasurer shall deposit the | 668 |
reimbursements in the sanction cost reimbursement fund that each | 669 |
board of county commissioners shall create in its county
treasury. | 670 |
The county shall use the amounts deposited in the fund
to pay the | 671 |
costs incurred by the county pursuant to any sanction
imposed | 672 |
under this section or section 2929.16 or 2929.17 of the
Revised | 673 |
Code or in operating a facility used to
confine offenders pursuant | 674 |
to a sanction imposed under section
2929.16 of the Revised Code. | 675 |
(3) Except as provided in section 2951.021 of the Revised | 676 |
Code, the offender
shall pay reimbursements imposed upon the | 677 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 678 |
costs incurred by a municipal corporation
pursuant to any
sanction | 679 |
imposed under this section or section
2929.16 or 2929.17
of the | 680 |
Revised Code or in
operating a facility used to confine
offenders | 681 |
pursuant to a
sanction imposed under section 2929.16 of
the | 682 |
Revised
Code to the treasurer of the municipal
corporation.
The | 683 |
treasurer shall deposit the reimbursements
in a special fund
that | 684 |
shall be established in the
treasury of each municipal | 685 |
corporation. The municipal
corporation shall use the amounts | 686 |
deposited in the fund to pay
the costs incurred by the municipal | 687 |
corporation pursuant to any
sanction imposed under this section or | 688 |
section 2929.16 or 2929.17
of the Revised Code or in operating a | 689 |
facility
used to confine offenders pursuant to a sanction imposed | 690 |
under
section 2929.16 of the Revised Code. | 691 |
(D)
Except as otherwise provided in this division, a | 697 |
financial sanction imposed pursuant to division (A) or
(B) of this | 698 |
section is a judgment in favor of the state or a
political | 699 |
subdivision in which the court that imposed the
financial
sanction | 700 |
is located, and the offender subject to the financial sanction is | 701 |
the judgment debtor. A financial sanction of
reimbursement
imposed | 702 |
pursuant to division
(A)(5)(a)(ii) of this
section upon
an | 703 |
offender who is incarcerated in a state facility
or a municipal | 704 |
jail is a judgment in favor of the state or the
municipal | 705 |
corporation, and the offender subject to the financial sanction is | 706 |
the judgment debtor. A financial sanction of reimbursement
imposed | 707 |
upon an
offender pursuant to this section for costs
incurred by a | 708 |
private provider of
sanctions is a judgment in favor
of the | 709 |
private provider, and the offender subject to the financial | 710 |
sanction is the judgment debtor. A
financial sanction of | 711 |
restitution
imposed
pursuant to this section is an order in favor | 712 |
of the
victim of
the offender's criminal act that can be collected | 713 |
through execution as described in division (D)(1) of this section | 714 |
or through an order as described in division (D)(2) of this | 715 |
section, and the offender shall be considered for purposes of the | 716 |
collection as the judgment debtor. Imposition of a financial | 717 |
sanction and execution on the
judgment does not preclude any other | 718 |
power of the court to impose or enforce
sanctions on the offender. | 719 |
Once the financial sanction is
imposed as a judgment or order | 720 |
under this division, the victim,
private provider, state, or | 721 |
political subdivision may bring an
action to do any of the | 722 |
following: | 723 |
(F) Each court imposing a financial sanction
upon an
offender | 749 |
under this section or under section
2929.32 of
the
Revised
Code | 750 |
may designate
the clerk of the court
or another person to collect | 751 |
the financial sanction. The
clerk or other person authorized by | 752 |
law or the court to collect
the financial sanction may
enter into | 753 |
contracts with one or more
public agencies or private
vendors for | 754 |
the collection of, amounts
due under the financial
sanction | 755 |
imposed pursuant to this
section
or section
2929.32 of
the Revised | 756 |
Code. Before entering
into a
contract for the
collection of | 757 |
amounts due from an offender
pursuant to any
financial sanction | 758 |
imposed
pursuant to this
section or section
2929.32 of the Revised | 759 |
Code,
a court
shall comply with sections
307.86 to 307.92 of the | 760 |
Revised Code. | 761 |
Section 6. Section 2929.18 of the Revised Code is presented | 777 |
in
Section 3 of this act as a composite of the section as amended | 778 |
by both Sub. H.B. 241 and Am. Sub. H.B. 461 of
the 126th General | 779 |
Assembly. The General Assembly, applying the
principle stated in | 780 |
division (B) of section 1.52 of the Revised
Code that amendments | 781 |
are to be harmonized if reasonably capable of
simultaneous | 782 |
operation, finds that the composite is the resulting
version of | 783 |
the section in effect prior to the effective date of
the section | 784 |
as presented in Section 3 of this act. | 785 |