(l) The payment of actual costs associated with initiatives | 49 |
by the attorney general for the apprehension, prosecution, and | 50 |
accountability of offenders, and the enhancing of services to | 51 |
crime victims. The amount of payments made pursuant to division | 52 |
(A)(1)(l) of this section during any given fiscal year shall not | 53 |
exceed five per cent of the balance of the reparations fund at the | 54 |
close of the immediately previous fiscal year; | 55 |
(m) The costs of administering the adult parole authority's | 56 |
supervision pursuant to division (E) of section 2971.05 of the | 57 |
Revised Code of sexually violent predators who are sentenced to a | 58 |
prison term pursuant to division (A)(3) of section 2971.03 of the | 59 |
Revised Code and of offenders who are sentenced to a prison term | 60 |
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or | 61 |
(c), or (B)(3)(a), (b), (c), or (d) of that section; | 62 |
(n) The costs of installation and monitoring of an electronic | 63 |
monitoring device used in the monitoring of a respondent pursuant | 64 |
to an electronic monitoring order issued by a court under division | 65 |
(E)(1)(b) of section 2903.214 of the Revised Code if the court | 66 |
determines that the respondent is indigent or in the monitoring of | 67 |
an offender pursuant to an electronic monitoring order issued | 68 |
under division (B)(5) of section 2919.27 of the Revised Code if | 69 |
the court determines that the offender is indigent. | 70 |
(2) All costs paid
pursuant to section 2743.70 of the Revised | 71 |
Code, the
portions of license reinstatement fees mandated by | 72 |
division
(F)(2)(b) of section 4511.191 of the Revised Code to be | 73 |
credited
to the fund, the portions of the proceeds of the sale of | 74 |
a
forfeited vehicle specified in division (C)(2) of section | 75 |
4503.234 of the Revised Code, payments
collected by the department | 76 |
of rehabilitation and correction from prisoners
who voluntarily | 77 |
participate in an approved work and training program pursuant
to | 78 |
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and | 79 |
all moneys
collected by the
state pursuant to its right of | 80 |
subrogation provided in section
2743.72 of the Revised Code shall | 81 |
be deposited in the fund. | 82 |
(3) If sufficient
unencumbered moneys do not exist in the | 93 |
fund, the attorney
general shall make
application for payment of | 94 |
the award out of the emergency
purposes account or any other | 95 |
appropriation for emergencies or
contingencies, and payment out of | 96 |
this account or other
appropriation shall be authorized if there | 97 |
are sufficient moneys
greater than the sum total of then pending | 98 |
emergency purposes
account requests or requests for releases from | 99 |
the other
appropriations. | 100 |
(4) If sufficient moneys do not exist in the account or
any | 101 |
other appropriation for emergencies or contingencies to pay
the | 102 |
award, the attorney general shall request the
general assembly to | 103 |
make an appropriation sufficient to pay the award, and no payment | 104 |
shall be made until the appropriation has been made. The
attorney | 105 |
general shall make this appropriation request
during the current | 106 |
biennium and during each succeeding biennium until a sufficient | 107 |
appropriation is made. If, prior to the time that an
appropriation | 108 |
is made by the general assembly pursuant to this
division, the | 109 |
fund has sufficient unencumbered funds to pay the
award or part of | 110 |
the award, the available funds shall be used to
pay the award or | 111 |
part of the award, and the appropriation request
shall be amended | 112 |
to request only sufficient funds to pay that
part
of the award | 113 |
that is unpaid. | 114 |
(C) The attorney general shall not make payment on a
decision | 115 |
or order granting an award until all appeals
have been
determined | 116 |
and all rights to appeal exhausted, except
as otherwise
provided | 117 |
in this section. If any party to a claim
for an award of | 118 |
reparations appeals from only a portion of an
award, and a | 119 |
remaining portion provides for the payment of money
by the state, | 120 |
that part of the award calling for the payment of money by the | 121 |
state and not a subject of the appeal shall be processed for | 122 |
payment as described in this section. | 123 |
(2) If the petitioner seeks relief in the form of electronic | 158 |
monitoring of the respondent, an allegation that at any time | 159 |
preceding the filing of the petition the
respondent engaged in | 160 |
conduct that would cause a reasonable person
to believe that the | 161 |
health, welfare, or safety of the person to be
protected was at | 162 |
risk, a description of the nature and extent of
that conduct, and | 163 |
an allegation that the respondent presents a
continuing danger to | 164 |
the person to be protected; | 165 |
(D)(1) If a person who files a petition pursuant to this | 167 |
section requests an ex parte order, the court shall hold an ex | 168 |
parte hearing as soon as possible after the petition is filed, but | 169 |
not later
than the next day that the court is in session after the | 170 |
petition is filed.
The
court, for good cause shown at the ex | 171 |
parte hearing, may enter
any temporary orders, with or without | 172 |
bond, that the court finds necessary for
the safety and protection | 173 |
of the person to be protected by the order.
Immediate and present | 174 |
danger to the person to be protected by the protection
order | 175 |
constitutes good cause for purposes of this section. Immediate
and | 176 |
present danger includes, but is not limited to,
situations in | 177 |
which the respondent has threatened the person to be protected
by | 178 |
the protection order with bodily harm or in which the respondent | 179 |
previously has been convicted of or pleaded guilty to a violation | 180 |
of section
2903.211
of the Revised Code or a sexually oriented | 181 |
offense against the person to be
protected by the protection | 182 |
order. | 183 |
(2)(a) If the court, after an ex parte hearing, issues a | 184 |
protection order
described in division (E) of this section, the | 185 |
court
shall schedule a full hearing for a date that is within ten | 186 |
court days after
the ex
parte hearing. The court shall give the | 187 |
respondent notice of, and an
opportunity to
be heard at, the full | 188 |
hearing.
The court shall hold the full hearing on the date | 189 |
scheduled under this division unless the court grants a | 190 |
continuance of the hearing in accordance with this division.
Under | 191 |
any of the following circumstances or for any of the
following | 192 |
reasons, the court may grant a continuance of the full
hearing to | 193 |
a reasonable time determined by the court: | 194 |
(E)(1)(a) After an ex parte or full hearing, the court may | 213 |
issue any protection order, with or without bond,
that contains | 214 |
terms designed to ensure the safety and protection of the person | 215 |
to be protected by the protection order, including, but not | 216 |
limited to, a
requirement that the
respondent refrain from | 217 |
entering the
residence, school, business, or place of employment | 218 |
of the
petitioner or family or household member.
If the court | 219 |
includes a requirement that the respondent
refrain from entering | 220 |
the residence, school, business, or place
of employment of the | 221 |
petitioner or family or household member in
the order, it also | 222 |
shall include in the order provisions of the
type described in | 223 |
division
(E)(5) of this section. | 224 |
(b) After a full hearing, if the court considering a petition | 225 |
that includes an allegation of the type described in division | 226 |
(C)(2) of this section, or the court upon its own motion, finds | 227 |
upon clear and
convincing evidence that the petitioner reasonably | 228 |
believed that
the respondent's conduct at any time preceding the | 229 |
filing of the petition endangered the health, welfare, or safety | 230 |
of the person to be protected and that the respondent presents a | 231 |
continuing danger to the person to be protected, the court may | 232 |
order that the respondent be electronically monitored for a period | 233 |
of time and under the terms and conditions that the court | 234 |
determines are appropriate. Electronic monitoring shall be in | 235 |
addition to any other relief granted to the petitioner. | 236 |
(d) After a full hearing at which the respondent presents | 257 |
evidence in support of the request for a protection order and the | 258 |
petitioner
is afforded an opportunity to defend against that | 259 |
evidence, the court
determines that the petitioner has committed a | 260 |
violation of section
2903.211 of the Revised Code against the | 261 |
person to be protected by the
protection order issued pursuant to | 262 |
this section, has committed a sexually oriented offense against | 263 |
the person to be protected by the protection order, or has | 264 |
violated a protection
order issued
pursuant to
section 2903.213 of | 265 |
the Revised Code relative to the person to be
protected by
the | 266 |
protection order issued pursuant to this section. | 267 |
(5)(a) If
the court issues a protection order under this | 270 |
section that
includes a requirement that the alleged offender | 271 |
refrain from
entering the residence, school, business, or place of | 272 |
employment
of the petitioner or a family or household member, the | 273 |
order
shall clearly state that the order cannot be waived or | 274 |
nullified
by an invitation to the alleged offender from the | 275 |
complainant to
enter the residence, school, business, or place of | 276 |
employment or
by the alleged offender's entry into one of those | 277 |
places
otherwise upon the consent of the petitioner or family or | 278 |
household member. | 279 |
(b) Division
(E)(5)(a)
of this section does not limit any | 280 |
discretion of a court to
determine that an alleged offender | 281 |
charged with a violation of
section 2919.27 of the Revised Code, | 282 |
with a violation of a
municipal ordinance substantially equivalent | 283 |
to that section, or
with contempt of court, which charge is based | 284 |
on an alleged
violation of a protection order issued under this | 285 |
section, did
not commit the violation or was not in contempt of | 286 |
court. | 287 |
(3) Regardless of whether the petitioner has registered the | 299 |
protection
order
in the county in which the officer's agency has | 300 |
jurisdiction
pursuant to division (M) of this section, any officer | 301 |
of a law
enforcement agency shall enforce a protection order | 302 |
issued pursuant to this
section by any court in
this state in | 303 |
accordance with the provisions of the order, including removing | 304 |
the respondent from the premises, if appropriate. | 305 |
(G) Any proceeding under this section shall be conducted
in | 306 |
accordance with the Rules of Civil Procedure,
except that a | 307 |
protection
order may be obtained under this section with or | 308 |
without bond.
An order issued under this section, other than an | 309 |
ex parte
order, that grants a protection order, or that refuses to | 310 |
grant
a protection order, is a final, appealable order.
The | 311 |
remedies and procedures provided in this section are in
addition | 312 |
to, and not in lieu of, any other available civil or
criminal | 313 |
remedies. | 314 |
(J) Notwithstanding any provision of law to the contrary
and | 325 |
regardless of whether a protection order is issued or a consent | 326 |
agreement is approved by a court of
another county or by a court | 327 |
of another state,
no court
or unit of state or local government | 328 |
shall
charge
any fee, cost, deposit, or money in connection
with | 329 |
the filing of a petition
pursuant
to this section, in
connection | 330 |
with the filing, issuance,
registration, or service of
a | 331 |
protection order or consent agreement, or for obtaining a | 332 |
certified copy of a protection order or consent agreement. | 333 |
(2) The punishment of a person for contempt of court for | 340 |
violation of a protection order issued under this section does not | 341 |
bar
criminal prosecution of
the person for a violation of section | 342 |
2919.27 of the Revised
Code. However, a person punished for | 343 |
contempt of court is
entitled to credit for the punishment imposed | 344 |
upon conviction of
a violation of that section, and a person | 345 |
convicted of a
violation of that section shall not subsequently be | 346 |
punished for
contempt of court arising out of the same activity. | 347 |
(M)(1) A petitioner who obtains a protection order under
this | 350 |
section or a protection order
under section 2903.213 of the | 351 |
Revised Code may
provide notice of the issuance or approval of the | 352 |
order to the judicial and
law enforcement officials in any county | 353 |
other
than the county in which the order is issued by registering | 354 |
that order in the
other county pursuant to division
(M)(2) of this | 355 |
section and filing a copy of the registered order with
a law | 356 |
enforcement agency in the other county in accordance with that | 357 |
division.
A person who obtains a protection order issued by a | 358 |
court
of another state may provide notice of the issuance of the | 359 |
order
to the judicial and law enforcement officials in any county | 360 |
of
this state by registering the order in that county pursuant to | 361 |
section 2919.272 of the Revised Code and filing a copy of
the | 362 |
registered order with a law enforcement agency in that
county. | 363 |
(N) If the court orders electronic monitoring of the | 383 |
respondent under this section, the court shall direct the | 384 |
sheriff's office or any other appropriate law enforcement agency | 385 |
to install the electronic monitoring device and to monitor the | 386 |
respondent. Unless the court determines that the respondent is | 387 |
indigent, the court shall order the respondent to pay the cost of | 388 |
the
installation and monitoring of the electronic monitoring | 389 |
device. If the court determines that the respondent is indigent, | 390 |
the cost of the installation and monitoring of the electronic | 391 |
monitoring device shall be paid out of funds from the reparations | 392 |
fund created pursuant to section 2743.191 of the Revised Code. | 393 |
(3) If the offender previously has been convicted
of or | 406 |
pleaded guilty to a violation of a protection order issued | 407 |
pursuant to section 2903.213 or 2903.214 of the Revised Code, two | 408 |
or more violations of section 2903.21, 2903.211, 2903.22,
or | 409 |
2911.211 of the Revised Code that involved the same
person who is | 410 |
the
subject of the protection order or consent agreement, or
one | 411 |
or more
violations of this section, violating a
protection order | 412 |
is a
felony of the fifth degree. | 413 |
(5) If the protection order violated by the offender was an | 417 |
order issued pursuant to section 2903.214
of the Revised Code | 418 |
that required electronic monitoring of the offender pursuant to | 419 |
that section, the court may require
in addition to any
other | 420 |
sentence imposed upon the offender that the offender be | 421 |
electronically monitored for a period not exceeding five years by | 422 |
a law enforcement agency designated by the court. If the court | 423 |
requires under this division that the offender be electronically | 424 |
monitored, unless the court determines that the offender is | 425 |
indigent, the court shall order that the
offender pay the costs | 426 |
of the installation of the electronic
monitoring device and the | 427 |
cost of monitoring the electronic
monitoring device. If the court | 428 |
determines that the offender is indigent, the costs of the | 429 |
installation of the electronic monitoring device and the cost of | 430 |
monitoring the electronic monitoring device shall be paid out of | 431 |
funds from the reparations fund created pursuant to section | 432 |
2743.191 of the Revised Code. | 433 |
(D) As used in this
section, "protection order issued by a | 440 |
court of another state"
means an injunction or another order | 441 |
issued by a criminal
court of another state for the purpose of | 442 |
preventing violent or
threatening acts or harassment against, | 443 |
contact or communication
with, or physical proximity to another | 444 |
person, including a
temporary order, and means an injunction or | 445 |
order of that nature issued by a
civil court of another state, | 446 |
including a temporary order and a final order
issued in an | 447 |
independent action or as a pendente lite order in a proceeding
for | 448 |
other relief,
if the court issued it in response to a complaint, | 449 |
petition, or
motion filed by or on behalf of a person seeking | 450 |
protection.
"Protection order issued by a court of another state" | 451 |
does not
include an order for support or for custody of a child | 452 |
issued pursuant to the divorce and child custody laws of another | 453 |
state, except to the extent that the order for support or for | 454 |
custody of a child is entitled to full faith and credit under the | 455 |
laws of the United States. | 456 |