| Sec. 2152.17. (A) Subject to division (D) of this
section, | 10 |
|
if a child is adjudicated a delinquent child
for committing
an | 11 |
|
act, other than a violation of section 2923.12 of the Revised | 12 |
|
Code, that would be a felony
if committed by an adult and if the | 13 |
|
court determines that, if the child was an
adult, the child would | 14 |
|
be guilty of a
specification of the type set forth in section | 15 |
2941.141, 2941.144,
2941.145, 2941.146, 2941.1412, 2941.1414, or | 16 |
|
2941.1415, or 2941.1421 of the Revised Code, in
addition to
any | 17 |
|
commitment or other disposition the court imposes
for the | 18 |
|
underlying
delinquent act, all of the following apply: | 19 |
| (2) If the court determines that the child would be guilty
of | 25 |
|
a
specification of the
type set forth in section 2941.145 of
the | 26 |
|
Revised Code or if the delinquent act is a violation of division | 27 |
|
(A)(1) or (2) of section 2903.06 of the Revised Code and the court | 28 |
|
determines that the child would be guilty of a specification of | 29 |
|
the type set forth in section 2941.1415 of the Revised Code, the | 30 |
|
court
shall
commit the child to the
department of youth services | 31 |
|
for the specification for
a definite
period of not less than one | 32 |
|
and not more than three
years, and the
court also shall commit the | 33 |
|
child to the department for the
underlying delinquent act under | 34 |
|
sections 2152.11 to 2152.16 of the
Revised Code. | 35 |
| (3) If the court determines that the child would be guilty
of | 36 |
|
a
specification of the type set forth in section 2941.144, | 37 |
2941.146, or 2941.1412, or 2941.1421 of
the Revised Code or if the | 38 |
|
delinquent act is a violation of division (A)(1) or (2) of section | 39 |
|
2903.06 of the Revised Code and the court determines that the | 40 |
|
child would be guilty of a specification of the type set forth in | 41 |
|
section 2941.1414 of the Revised Code, the court shall commit the | 42 |
|
child to
the
department of youth services for the specification | 43 |
|
for a
definite
period of not less than one and not more than five | 44 |
|
years,
and the court also
shall commit the
child to the department | 45 |
|
for
the underlying delinquent act under
sections 2152.11 to | 46 |
|
2152.16 of
the Revised Code. | 47 |
| (C) If a child is adjudicated a delinquent child for | 51 |
|
committing
an act that would be aggravated murder, murder, or a | 52 |
|
first, second, or third
degree felony offense of
violence if | 53 |
|
committed by an adult and if the court
determines that, if the | 54 |
|
child was an adult, the child would be
guilty of a specification | 55 |
|
of the type set forth in section
2941.142 of the Revised Code in | 56 |
|
relation to the act for which the
child was adjudicated a | 57 |
|
delinquent child, the court shall commit
the child for the | 58 |
|
specification to the legal custody of the
department of youth | 59 |
|
services for institutionalization in a secure
facility for a | 60 |
|
definite period of not less than one and not more than three | 61 |
|
years, subject to division
(D)(2) of this section, and the
court | 62 |
|
also
shall commit the child to the department for the underlying | 63 |
|
delinquent act. | 64 |
| (D)(1) If the child is adjudicated a
delinquent child for | 65 |
|
committing an act that would be an offense of
violence that is a | 66 |
|
felony if committed by an adult and is
committed to the legal | 67 |
|
custody of the department of youth services
pursuant to division | 68 |
|
(A)(1) of
section
2152.16 of the Revised Code
and
if
the court | 69 |
|
determines
that the child, if the child was an
adult, would be | 70 |
|
guilty of a
specification of the type set forth in
section | 71 |
|
2941.1411 of the
Revised Code in relation to the act for
which the | 72 |
|
child was
adjudicated a delinquent child, the court may
commit the | 73 |
|
child to
the custody of the department of youth
services for | 74 |
|
institutionalization in a secure facility for
up to
two
years, | 75 |
|
subject
to
division
(D)(2) of this section. | 76 |
| (2) A court that imposes a period of commitment under | 77 |
|
division
(A) of this section is not
precluded from imposing
an | 78 |
|
additional period of commitment under division
(C) or
(D)(1)
of | 79 |
|
this section, a
court that imposes a
period of
commitment under | 80 |
|
division
(C) of this
section is
not
precluded from imposing
an | 81 |
|
additional period of commitment under
division (A) or
(D)(1)
of | 82 |
|
this
section, and a court that
imposes a period of commitment | 83 |
|
under division
(D)(1) of
this
section is not precluded from | 84 |
|
imposing an additional period
of commitment
under division
(A) or | 85 |
|
(C) of
this section. | 86 |
| (E) The court shall not commit a child to the legal custody | 87 |
|
of
the department of youth services for
a specification
pursuant | 88 |
|
to
this section for a period that
exceeds five years
for
any
one | 89 |
|
delinquent act. Any
commitment imposed pursuant to
division (A), | 90 |
|
(B), (C), or
(D)(1) of this
section shall be in addition to,
and | 91 |
|
shall be
served consecutively with and
prior to, a period of | 92 |
|
commitment
ordered under this chapter for the underlying | 93 |
|
delinquent act, and
each commitment imposed
pursuant to division | 94 |
|
(A), (B), (C), or
(D)(1) of
this
section shall be in
addition
to, | 95 |
|
and
shall be
served
consecutively with, any other period of | 96 |
|
commitment
imposed
under
those
divisions. If a commitment is | 97 |
|
imposed under
division
(A) or
(B) of this section and a commitment | 98 |
|
also is
imposed under
division
(C) of
this section, the period | 99 |
|
imposed
under division
(A) or (B)
of this section
shall be served | 100 |
|
prior to
the period
imposed under division (C) of
this section. | 101 |
| (F) If a child is adjudicated a delinquent child for | 109 |
|
committing
two or more acts that would be felonies if committed by | 110 |
|
an adult and if the
court entering the delinquent child | 111 |
|
adjudication
orders the commitment of the child for two or more of | 112 |
|
those acts
to the legal custody of the department of youth | 113 |
|
services for
institutionalization in a secure facility pursuant to | 114 |
|
section
2152.13 or 2152.16
of the Revised Code, the court may | 115 |
|
order that all of the periods of commitment imposed under those | 116 |
|
sections for those acts be served consecutively in the legal | 117 |
|
custody of the
department of youth services, provided that those | 118 |
|
periods of commitment shall
be in addition to and
commence | 119 |
|
immediately following the expiration of a period of commitment | 120 |
|
that the court
imposes pursuant to division (A), (B), (C), or | 121 |
|
(D)(1) of
this section. A court shall not commit a delinquent | 122 |
|
child to
the
legal
custody of the department of youth services | 123 |
|
under this
division for a period that exceeds the child's | 124 |
|
attainment of
twenty-one
years of age. | 125 |
| (3) The act would be a felony if committed by an adult, and | 135 |
|
the
court determined that the child, if an adult, would be guilty | 136 |
of
a specification found in section 2941.141, 2941.144, or | 137 |
|
2941.145, or 2941.1421
of the Revised Code or in another section | 138 |
|
of the
Revised
Code that relates to the possession or use of a | 139 |
|
firearm
during the
commission of the act for which the child was | 140 |
|
adjudicated a
delinquent child. | 141 |
| (B)(1) Except as provided in division (E) of this
section,
a | 149 |
|
public children services agency, private child placing
agency, | 150 |
|
private noncustodial agency, or court, the department of youth | 151 |
|
services, or another private or government entity shall not place | 152 |
|
a child in a
certified foster home
or for adoption until it | 153 |
|
provides the foster
caregivers
or prospective adoptive parents | 154 |
|
with all
of the
following: | 155 |
| (d) The substantial and material conclusions and | 164 |
|
recommendations
of any
psychiatric or psychological examination | 165 |
|
conducted
on the child or, if no psychological or psychiatric | 166 |
|
examination of the child
is available, the substantial and | 167 |
|
material conclusions and recommendations of
an examination to | 168 |
|
detect mental and emotional disorders conducted in
compliance with | 169 |
|
the requirements of Chapter 4757. of the Revised Code by an | 170 |
|
independent social worker, social worker, professional clinical | 171 |
|
counselor, or
professional counselor licensed under that chapter. | 172 |
|
The entity shall not
provide any part of a psychological, | 173 |
|
psychiatric, or mental and emotional
disorder examination to the | 174 |
|
foster caregivers
or prospective adoptive parents other than the | 175 |
|
substantial and
material
conclusions. | 176 |
| (2) When a juvenile court grants temporary or permanent | 205 |
|
custody of a child
pursuant to any section of the Revised Code, | 206 |
|
including section 2151.33,
2151.353, 2151.354,
or 2152.19 of the | 207 |
|
Revised Code, to a public children services agency or
private | 208 |
|
child placing agency, the
court shall provide the agency the | 209 |
|
information described in division
(B) of this
section, pay the | 210 |
|
expenses of preparing that information, and, if a new
examination | 211 |
|
is required to be conducted, pay the expenses of
conducting the | 212 |
|
examination described in division (C) of this section.
On receipt | 213 |
|
of the information described in division (B) of this
section, the | 214 |
|
agency shall provide to the court written acknowledgment that the | 215 |
|
agency received the information. The court shall keep the | 216 |
|
acknowledgment and
provide a copy to the agency. On the motion of | 217 |
|
the agency, the court may
terminate the order granting
temporary | 218 |
|
or permanent custody of the child to that agency, if the court | 219 |
|
does
not provide the information described in division (B) of this | 220 |
|
section. | 221 |
| (3) If one of the following entities is placing a child in a | 222 |
|
certified
foster home
or for adoption
with the assistance of or by | 223 |
|
contracting
with a public children services
agency, private child | 224 |
|
placing
agency, or a private noncustodial agency, the
entity shall | 225 |
|
provide
the agency with the information described in division
(B) | 226 |
|
of this
section, pay the expenses of preparing that information, | 227 |
|
and, if a
new examination is required to be conducted, pay the | 228 |
|
expenses of
conducting the examination described in division (C) | 229 |
|
of this
section: | 230 |
| The agency receiving the information described in division | 239 |
|
(B) of
this section shall provide the entity
described in division | 240 |
|
(D)(3)(a) to (c)
of this section that sent the information written | 241 |
|
acknowledgment that the
agency received
the information and | 242 |
|
provided it to the foster caregivers
or prospective adoptive | 243 |
|
parents. The entity shall
keep the
acknowledgment and provide a | 244 |
|
copy
to the agency. An entity that
places a child in a certified | 245 |
|
foster home
or for adoption with the assistance of
or by | 246 |
|
contracting with an agency remains responsible to provide
the | 247 |
|
information described in division
(B) of this section to the | 248 |
|
foster caregivers
or prospective adoptive parents unless the | 249 |
|
entity receives written
acknowledgment that the agency provided | 250 |
|
the information. | 251 |
| (E) If a child is placed
in a certified foster home as a | 252 |
|
result of an emergency removal of the
child from home pursuant to | 253 |
|
division
(D) of section 2151.31 of the
Revised Code, an emergency | 254 |
|
change in
the child's case plan pursuant to division
(E)(3) of | 255 |
|
section 2151.412 of
the Revised Code, or an emergency placement by | 256 |
|
the
department of youth services pursuant to this chapter or | 257 |
|
Chapter
5139. of the Revised Code, the entity that places the | 258 |
|
child
in the certified foster
home shall provide the information | 259 |
|
described in division
(B) of this section no later
than ninety-six | 260 |
|
hours after the child is placed in the certified foster
home. | 261 |
| (F) On receipt of the information described in divisions
(B) | 262 |
|
and (C) of this section, the foster caregiver
or prospective | 263 |
|
adoptive parents shall
provide to the
entity that places the child | 264 |
|
in the foster caregiver's
or prospective adoptive parents' home a | 265 |
|
written acknowledgment that the foster caregiver
or prospective | 266 |
|
adoptive parents received the
information.
The
entity shall keep | 267 |
|
the acknowledgment and provide
a copy to the foster
caregiver
or | 268 |
|
prospective adoptive parents. | 269 |
| Sec. 2929.14. (A) Except as provided in
division (C), | 287 |
|
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (G), or | 288 |
|
(L) of
this
section and except
in relation to an offense for | 289 |
|
which a
sentence
of death or life
imprisonment is to be imposed, | 290 |
|
if the
court
imposing a sentence
upon an offender for a felony | 291 |
|
elects or
is
required to impose a
prison term on the offender | 292 |
|
pursuant to
this
chapter, the court shall
impose a definite | 293 |
|
prison term that
shall
be one of the following: | 294 |
| (B) Except as provided in division (C),
(D)(1), (D)(2), | 306 |
|
(D)(3), (D)(5), (D)(6), (D)(7), (G), or (L) of this section, in | 307 |
|
section
2907.02 or 2907.05
of the Revised
Code, or in Chapter | 308 |
|
2925. of the
Revised Code, if the court
imposing a sentence upon | 309 |
|
an offender
for a felony elects or is
required to impose a prison | 310 |
|
term on the
offender, the court shall
impose the shortest prison | 311 |
|
term
authorized for the offense
pursuant to division (A) of this | 312 |
|
section, unless
one or more
of
the following applies: | 313 |
| (C) Except as provided in division (G) or (L) of this section | 320 |
|
or in
Chapter 2925. of
the Revised Code, the court imposing a | 321 |
|
sentence
upon an
offender for a felony may impose the longest | 322 |
|
prison term
authorized for the offense pursuant to division (A) of | 323 |
|
this
section only upon offenders who committed the worst forms of | 324 |
|
the
offense, upon offenders who pose the greatest likelihood of | 325 |
|
committing future crimes, upon certain major drug offenders under | 326 |
|
division (D)(3) of this section, and upon certain repeat
violent | 327 |
|
offenders in accordance with division (D)(2) of
this section. | 328 |
| (b) If a
court imposes a prison term on
an
offender under | 353 |
|
division (D)(1)(a) of this section, the prison
term shall not be | 354 |
|
reduced pursuant to section 2929.20, section 2967.193,
or
any | 355 |
|
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 356 |
|
Code. A court shall not
impose more than one prison term on an | 357 |
|
offender under
division (D)(1)(a) of this section for felonies | 358 |
|
committed as part of
the same act or transaction. | 359 |
| (c) Except as provided in division
(D)(1)(e)
of this
section, | 360 |
|
if an offender who is convicted of or pleads
guilty to a
violation | 361 |
|
of section 2923.161 of the
Revised
Code or to a felony
that | 362 |
|
includes,
as an essential element, purposely or knowingly
causing | 363 |
|
or
attempting to cause the death of or physical harm to
another, | 364 |
|
also is convicted of or pleads guilty to a specification
of the | 365 |
|
type described in section 2941.146 of the
Revised
Code that | 366 |
|
charges the offender
with committing the offense by discharging a | 367 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 368 |
|
court, after imposing
a prison term on the offender for the | 369 |
|
violation of section
2923.161 of the Revised
Code or for the other | 370 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 371 |
|
section, shall
impose an additional prison term of five years upon | 372 |
|
the offender
that shall not be reduced pursuant to section | 373 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 374 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 375 |
|
more than one additional prison term on an offender under
division | 376 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 377 |
|
same
act or transaction. If a court imposes an additional prison | 378 |
|
term on an
offender under division (D)(1)(c) of this section | 379 |
|
relative to an offense, the court also shall
impose a prison term | 380 |
|
under division
(D)(1)(a) of this section
relative to the same | 381 |
|
offense, provided the criteria specified in that division
for | 382 |
|
imposing an additional prison term are satisfied relative to the | 383 |
|
offender
and the offense. | 384 |
| (d)
If an offender who is convicted of or pleads guilty to | 385 |
|
an offense
of violence that is a felony also is convicted of or | 386 |
|
pleads guilty to a
specification of the type described in section | 387 |
|
2941.1411 of the Revised Code that charges the
offender with | 388 |
|
wearing or carrying body armor
while committing the felony offense | 389 |
|
of violence, the court shall
impose on the offender a prison term | 390 |
|
of two years. The prison
term so imposed shall not be reduced | 391 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 392 |
|
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 393 |
|
court shall not impose more
than one prison term
on an offender | 394 |
|
under division
(D)(1)(d) of this section for
felonies committed as | 395 |
|
part of
the same act or transaction. If a
court imposes an | 396 |
|
additional prison
term under division (D)(1)(a)
or (c)
of this | 397 |
|
section, the
court is not precluded from imposing
an additional | 398 |
|
prison term under
division (D)(1)(d) of this
section. | 399 |
| (e) The court shall not impose any of the
prison terms | 400 |
|
described in division
(D)(1)(a)
of this section or any of the | 401 |
|
additional prison terms described in
division (D)(1)(c) of this | 402 |
|
section upon an
offender for a
violation of section
2923.12 or | 403 |
|
2923.123 of the Revised Code. The court shall not
impose any of | 404 |
|
the prison terms described in
division
(D)(1)(a) of this section | 405 |
|
or any of the additional prison terms
described in division | 406 |
|
(D)(1)(c) of this section
upon an offender for a violation of | 407 |
|
section 2923.13 of the
Revised Code unless all of the following | 408 |
|
apply: | 409 |
|
(f) If an offender is convicted of or pleads guilty to a
| 415 |
|
felony that includes, as an essential element, causing or
| 416 |
|
attempting to cause
the death of or physical
harm to another and
| 417 |
|
also is convicted of or pleads guilty to a
specification of the
| 418 |
|
type described in section 2941.1412 of the
Revised Code that
| 419 |
|
charges the
offender with committing the offense by discharging a
| 420 |
|
firearm at a
peace officer as defined in section 2935.01 of the
| 421 |
|
Revised Code or a corrections officer, as defined in section | 422 |
|
2941.1412 of the Revised Code, the court, after imposing a
prison | 423 |
|
term on the
offender for the felony offense under division (A), | 424 |
|
(D)(2),
or
(D)(3) of this section, shall impose an additional | 425 |
|
prison term of
seven years upon the offender that shall not be | 426 |
|
reduced pursuant
to section 2929.20, section 2967.193, or any | 427 |
|
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 428 |
|
Code. A court
shall
not impose more than one
additional prison | 429 |
|
term on an
offender
under division (D)(1)(f) of
this section for | 430 |
|
felonies
committed as
part of the same act or transaction.
If a | 431 |
|
court
imposes an
additional prison term on an offender under | 432 |
|
division
(D)(1)(f) of
this section relative to an offense,
the | 433 |
|
court
shall not impose a
prison term under division (D)(1)(a)
or | 434 |
|
(c)
of
this section
relative to the same offense. | 435 |
| (2)(a) If division (D)(2)(b) of this section does not apply, | 436 |
|
the
court
may impose on an offender, in addition to the longest | 437 |
|
prison term
authorized or required for the offense, an additional | 438 |
|
definite prison term of one, two, three, four, five, six, seven, | 439 |
|
eight, nine, or ten years if all of the following criteria are | 440 |
|
met: | 441 |
| (ii) The offense of which the offender currently is convicted | 445 |
|
or to which the offender currently pleads guilty is aggravated | 446 |
|
murder and the court does not impose a sentence of death or life | 447 |
|
imprisonment without parole, murder, terrorism and the court does | 448 |
|
not impose a sentence of life imprisonment without parole, any | 449 |
|
felony of the first degree that is an offense of violence and the | 450 |
|
court does not impose a sentence of life imprisonment without | 451 |
|
parole, or any felony of the second degree that is an offense of | 452 |
|
violence and the trier of fact finds that the offense involved an | 453 |
|
attempt to cause or a threat to cause serious physical harm to a | 454 |
|
person or resulted in serious physical harm to a person. | 455 |
| (iv) The court finds that the prison terms imposed pursuant | 458 |
|
to division (D)(2)(a)(iii) of this section and, if applicable, | 459 |
|
division (D)(1) or (3) of this section are inadequate to
punish | 460 |
|
the
offender and protect the public from future crime,
because the | 461 |
|
applicable factors
under
section 2929.12
of the Revised Code | 462 |
|
indicating a greater
likelihood of recidivism outweigh
the | 463 |
|
applicable factors under that section indicating a lesser | 464 |
|
likelihood of
recidivism. | 465 |
| (v) The court finds that the prison terms imposed pursuant to | 466 |
|
division (D)(2)(a)(iii) of this section and, if applicable, | 467 |
|
division (D)(1) or (3) of this section are demeaning to the | 468 |
|
seriousness
of the offense, because one or more of the factors | 469 |
|
under section
2929.12 of the Revised Code
indicating that the | 470 |
|
offender's conduct
is more serious than conduct normally | 471 |
|
constituting the offense are
present, and they outweigh the | 472 |
|
applicable
factors under that
section indicating that the | 473 |
|
offender's
conduct is
less serious
than conduct normally | 474 |
|
constituting the offense. | 475 |
| (b) The court shall impose on an offender the longest prison | 476 |
|
term authorized or required for the offense and shall impose on | 477 |
|
the offender an additional definite prison term of one, two, | 478 |
|
three, four, five, six, seven, eight, nine, or ten years if all of | 479 |
|
the following criteria are met: | 480 |
| (ii) The offender within the preceding twenty years has been | 484 |
|
convicted of or pleaded guilty to three or more offenses described | 485 |
|
in division (DD)(1) of section 2929.01 of the Revised Code, | 486 |
|
including all offenses described in that division of which the | 487 |
|
offender is convicted or to which the offender pleads guilty in | 488 |
|
the current prosecution and all offenses described in that | 489 |
|
division of which the offender previously has been convicted or to | 490 |
|
which the offender previously pleaded guilty, whether prosecuted | 491 |
|
together or separately. | 492 |
| (iii) The offense or offenses of which the offender currently | 493 |
|
is convicted or to which the offender currently pleads guilty is | 494 |
|
aggravated murder and the court does not impose a sentence of | 495 |
|
death or life imprisonment without parole, murder, terrorism and | 496 |
|
the court does not impose a sentence of life imprisonment without | 497 |
|
parole, any felony of the first degree that is an offense of | 498 |
|
violence and the court does not impose a sentence of life | 499 |
|
imprisonment without parole, or any felony of the second degree | 500 |
|
that is an offense of violence and the trier of fact finds that | 501 |
|
the offense involved an attempt to cause or a threat to cause | 502 |
|
serious physical harm to a person or resulted in serious physical | 503 |
|
harm to a person. | 504 |
| (3)(a) Except when an offender commits a
violation of
section | 518 |
|
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 519 |
|
the
violation is life imprisonment or commits a
violation of | 520 |
|
section
2903.02 of the Revised Code, if the offender
commits a | 521 |
|
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 522 |
|
that section classifies the offender as a major drug
offender and | 523 |
|
requires the
imposition of a ten-year prison term on
the offender, | 524 |
|
if
the offender commits a felony violation of
section 2925.02, | 525 |
|
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 526 |
|
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 527 |
|
division
(C) of section 4729.51, or division (J)
of section | 528 |
|
4729.54
of the Revised Code that includes the sale,
offer to sell, | 529 |
|
or possession of a schedule
I or II controlled
substance, with the | 530 |
|
exception of
marihuana, and the
court imposing
sentence upon the | 531 |
|
offender finds
that the offender is guilty of a
specification of | 532 |
|
the type
described in section 2941.1410 of the
Revised Code | 533 |
|
charging
that the offender is a
major drug offender,
if the court | 534 |
|
imposing sentence upon an offender for
a felony
finds
that the | 535 |
|
offender is guilty
of corrupt activity with the
most
serious | 536 |
|
offense in the pattern
of corrupt activity being a
felony
of the | 537 |
|
first degree, or if the offender is guilty of
an attempted | 538 |
|
violation of section 2907.02 of the Revised Code and, had the | 539 |
|
offender completed the violation of section 2907.02 of the Revised | 540 |
|
Code that was attempted, the offender would have been subject to a | 541 |
|
sentence of life imprisonment or life imprisonment without parole | 542 |
|
for the violation of section 2907.02 of the Revised Code, the | 543 |
|
court shall
impose upon
the offender for the felony violation a | 544 |
|
ten-year
prison term that
cannot be reduced pursuant to section | 545 |
|
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 546 |
| (b) The court imposing a prison term on an
offender under | 547 |
|
division (D)(3)(a) of this
section may impose an additional prison | 548 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 549 |
|
ten years, if the court,
with respect to the term imposed under | 550 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 551 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 552 |
|
forth in divisions
(D)(2)(a)(iv) and (v) of this section. | 553 |
| (4) If the offender is being sentenced for a third or fourth | 554 |
|
degree felony
OVI offense under division (G)(2) of section
2929.13 | 555 |
|
of the Revised
Code,
the sentencing court shall impose
upon the | 556 |
|
offender a mandatory prison term in
accordance with that
division. | 557 |
|
In addition to the mandatory prison term, if the offender is being | 558 |
|
sentenced for a fourth degree felony OVI offense, the court, | 559 |
|
notwithstanding division (A)(4) of this section, may sentence the | 560 |
|
offender to a definite prison term of not less than six months and | 561 |
|
not more than thirty months, and if the offender is being | 562 |
|
sentenced for a third degree felony OVI offense, the
sentencing | 563 |
|
court may sentence the offender to an additional prison
term of | 564 |
|
any
duration specified in division (A)(3) of this section. In | 565 |
|
either case, the additional prison term imposed shall be reduced | 566 |
|
by the sixty or one
hundred twenty days imposed upon the
offender | 567 |
|
as the mandatory prison term.
The total of the
additional prison | 568 |
|
term imposed under division (D)(4) of this
section
plus the sixty | 569 |
|
or one hundred twenty days imposed as the
mandatory prison term | 570 |
|
shall equal a definite term in the range of six months to thirty | 571 |
|
months for a fourth degree felony OVI offense and shall equal one | 572 |
|
of
the authorized prison
terms specified in division (A)(3) of | 573 |
|
this section for a third degree felony OVI offense. If
the court | 574 |
|
imposes an additional prison term under division (D)(4) of this | 575 |
|
section, the offender shall serve the additional prison term after | 576 |
|
the
offender has served the mandatory prison term required for the | 577 |
|
offense. In addition to the mandatory prison term or mandatory and | 578 |
|
additional prison term imposed as described in division (D)(4) of | 579 |
|
this section, the
court also may sentence the offender to a | 580 |
|
community
control sanction under
section 2929.16 or 2929.17 of the | 581 |
|
Revised
Code, but the offender shall serve all of the prison terms | 582 |
|
so imposed prior to serving the community control sanction. | 583 |
| (5) If an offender is convicted of or pleads guilty to a | 589 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 590 |
|
Revised Code and also is convicted of or pleads guilty to a | 591 |
|
specification of the type described in section 2941.1414 of the | 592 |
|
Revised Code that charges that the victim of the offense is a | 593 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 594 |
|
or an investigator of the bureau of criminal identification and | 595 |
|
investigation, as defined in section 2903.11 of the Revised Code, | 596 |
|
the court shall impose on the offender a prison term of five | 597 |
|
years. If a court imposes a prison term on an offender under | 598 |
|
division (D)(5) of this section, the prison term shall not be | 599 |
|
reduced pursuant to section 2929.20, section 2967.193, or any | 600 |
|
other provision of Chapter 2967. or Chapter 5120. of the Revised | 601 |
|
Code. A court shall not impose more than one prison term on an | 602 |
|
offender under division (D)(5) of this section for felonies | 603 |
|
committed as part of the same act. | 604 |
|
(6) If an offender is convicted of or pleads guilty to a | 605 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 606 |
|
Revised Code and also is convicted of or pleads guilty to a | 607 |
|
specification of the type described in section 2941.1415 of the | 608 |
|
Revised Code that charges that the offender previously has been | 609 |
|
convicted of or pleaded guilty to three or more violations of | 610 |
|
division (A)
or (B) of section 4511.19 of the Revised Code or an | 611 |
|
equivalent
offense, as defined in section 2941.1415 of the Revised | 612 |
|
Code, or three or more violations of any combination of those | 613 |
|
divisions and offenses, the
court shall impose on the offender a | 614 |
|
prison term of three years.
If a court imposes a prison term on an | 615 |
|
offender under division
(D)(6) of this section, the prison term | 616 |
|
shall not be reduced
pursuant to section 2929.20, section | 617 |
|
2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 618 |
|
of the Revised Code.
A
court shall not impose more than one prison | 619 |
|
term on an offender
under division (D)(6) of this section for | 620 |
|
felonies committed as
part of the same act. | 621 |
| (7) If an offender is convicted of or pleads guilty to a | 622 |
|
felony and also is convicted of or pleads guilty to a | 623 |
|
specification of the type described in section 2941.1421 of the | 624 |
|
Revised Code that charges that the offender discharged a firearm | 625 |
|
while committing the offense and that the discharge of the firearm | 626 |
|
caused injury or death to a child who was under the age of | 627 |
|
eighteen years at the time of the commission of the offense, the | 628 |
|
court shall impose on the offender a prison term of ten years. If | 629 |
|
a court imposes a prison term on an offender under division (D)(7) | 630 |
|
of this section, the prison term shall not be reduced pursuant to | 631 |
|
section 2929.20, section 2967.193, or any other provision of | 632 |
|
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall | 633 |
|
not impose more than one prison term on an offender under division | 634 |
|
(D)(7) of this section for felonies committed as part of the same | 635 |
|
act. | 636 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 637 |
|
mandatory prison term
is imposed
upon an offender pursuant to | 638 |
|
division (D)(1)(a) of this
section for having a firearm on or | 639 |
|
about the offender's person or under the
offender's
control while | 640 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 641 |
|
offender pursuant to division (D)(1)(c) of
this section for | 642 |
|
committing a felony specified in that division by discharging
a | 643 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 644 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 645 |
|
term
imposed under either division
consecutively to any other | 646 |
|
mandatory prison term imposed under either division
or under | 647 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 648 |
|
any prison term
imposed for the underlying felony pursuant to | 649 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 650 |
|
section of the Revised Code, and consecutively to any other prison | 651 |
|
term
or
mandatory prison term previously or subsequently imposed | 652 |
|
upon the
offender. | 653 |
| (b) If a mandatory prison term is imposed upon an offender | 654 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 655 |
|
carrying body armor while committing an offense of violence that | 656 |
|
is a felony,
the offender shall serve the mandatory
term so | 657 |
|
imposed consecutively to any other mandatory prison term
imposed | 658 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 659 |
|
section, consecutively to and prior to any prison term imposed for | 660 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 661 |
|
this section or any other section of the Revised Code, and | 662 |
|
consecutively to any other
prison term or mandatory prison term | 663 |
|
previously or subsequently
imposed upon the offender. | 664 |
| (c) If a mandatory prison term is imposed upon an offender | 665 |
|
pursuant to division (D)(1)(f) of this section, the offender shall | 666 |
|
serve the mandatory prison term so imposed consecutively to and | 667 |
|
prior to any prison term imposed for the underlying felony under | 668 |
|
division (A), (D)(2), or (D)(3) of this section or any other | 669 |
|
section of the Revised Code, and consecutively to any other prison | 670 |
|
term or mandatory prison term previously or subsequently imposed | 671 |
|
upon the offender. | 672 |
| (2) If an offender who is an inmate in a jail, prison,
or | 673 |
|
other residential detention facility violates section 2917.02, | 674 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 675 |
|
who is under detention at a detention facility commits a felony | 676 |
|
violation of section 2923.131 of the Revised Code, or if an | 677 |
|
offender who is an
inmate in a jail, prison, or other residential | 678 |
|
detention facility or is under
detention at a detention facility | 679 |
|
commits another felony while the offender is
an
escapee in | 680 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 681 |
|
imposed upon the offender for one of those violations
shall be | 682 |
|
served by the offender consecutively to the prison term or term of | 683 |
|
imprisonment the offender
was serving when the offender committed | 684 |
|
that offense and to any other prison
term previously or | 685 |
|
subsequently imposed upon the offender. | 686 |
| (3) If a prison term is imposed for a violation of division | 687 |
|
(B) of section 2911.01 of the Revised
Code, a violation of | 688 |
|
division (A) of section 2913.02 of the Revised Code in which the | 689 |
|
stolen property is a firearm or dangerous ordnance, or a felony | 690 |
|
violation of division
(B) of section 2921.331
of the Revised Code, | 691 |
|
the offender shall serve that
prison term
consecutively to any | 692 |
|
other prison term or mandatory prison term
previously or | 693 |
|
subsequently
imposed upon the offender. | 694 |
| (4) If multiple prison terms are imposed on an offender
for | 695 |
|
convictions of multiple offenses, the court may require the | 696 |
|
offender to serve the prison terms consecutively if the court | 697 |
|
finds that the consecutive service is necessary to protect the | 698 |
|
public from future crime or to punish the offender and that | 699 |
|
consecutive sentences are not disproportionate to the seriousness | 700 |
|
of the
offender's conduct and to the danger the offender
poses to | 701 |
|
the public, and if the court also finds any
of the following: | 702 |
| (5) If a mandatory prison term is imposed upon an offender | 717 |
|
pursuant to division (D)(5) or (6) of this section, the offender | 718 |
|
shall serve the mandatory prison term consecutively to and prior | 719 |
|
to any prison term imposed for the underlying violation of | 720 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 721 |
|
pursuant to division (A) of this section or section 2929.142 of | 722 |
|
the Revised Code. If a mandatory prison
term is imposed upon an | 723 |
|
offender pursuant to division (D)(5) of
this section, and if a | 724 |
|
mandatory prison term also is imposed upon
the offender pursuant | 725 |
|
to division (D)(6) of this section in
relation to the same | 726 |
|
violation, the offender shall serve the
mandatory prison term | 727 |
|
imposed pursuant to division (D)(5) of this
section consecutively | 728 |
|
to and prior to the mandatory prison term
imposed pursuant to | 729 |
|
division (D)(6) of this section and
consecutively to and prior to | 730 |
|
any prison term imposed for the
underlying violation of division | 731 |
|
(A)(1) or (2) of section 2903.06
of the Revised Code pursuant to | 732 |
|
division (A) of this section or section 2929.142 of the Revised | 733 |
|
Code. | 734 |
| (F)(1) If a court imposes a prison term for a felony of the | 743 |
|
first degree, for a felony of the second degree, for a felony sex | 744 |
|
offense, or for a felony of the third degree that is not a felony | 745 |
|
sex offense and in the commission of which the offender caused or | 746 |
|
threatened to cause physical harm to a person, it shall
include in | 747 |
|
the sentence a
requirement that the offender be subject
to a | 748 |
|
period of
post-release control after the offender's release
from | 749 |
|
imprisonment, in
accordance with that division. If a court imposes | 750 |
|
a sentence including a prison term of a type described in this | 751 |
|
division on or after July 11, 2006, the failure of a court to | 752 |
|
include a post-release control requirement in the sentence | 753 |
|
pursuant to this division does not negate, limit, or otherwise | 754 |
|
affect the mandatory period of post-release control that is | 755 |
|
required for the offender under division (B) of section 2967.28 of | 756 |
|
the Revised Code. Section 2929.191 of the Revised Code applies if, | 757 |
|
prior to July 11, 2006, a court imposed a sentence including a | 758 |
|
prison term of a type described in this division and failed to | 759 |
|
include in the sentence pursuant to this division a statement | 760 |
|
regarding post-release control. | 761 |
| (2) If a court
imposes a prison term
for a felony of the | 762 |
|
third, fourth, or fifth degree that is not subject to division | 763 |
|
(F)(1) of this section, it
shall include in the sentence a | 764 |
|
requirement that the
offender be
subject to a period of | 765 |
|
post-release control after the
offender's release
from | 766 |
|
imprisonment, in accordance with that
division, if the
parole | 767 |
|
board determines that a period of
post-release control is | 768 |
|
necessary. Section 2929.191 of the Revised Code applies if, prior | 769 |
|
to July 11, 2006, a court imposed a sentence including a prison | 770 |
|
term of a type described in this division and failed to include in | 771 |
|
the sentence pursuant to this division a statement regarding | 772 |
|
post-release control. | 773 |
| (2) A person is convicted of or pleads guilty to a violation | 784 |
|
of division (A)(1)(b) of section 2907.02 of the Revised Code | 785 |
|
committed on or after January
2, 2007, and either the court does | 786 |
|
not impose a sentence of life
without parole when authorized | 787 |
|
pursuant to division (B) of section
2907.02 of the Revised Code, | 788 |
|
or division (B) of section 2907.02 of
the Revised Code provides | 789 |
|
that the court shall not sentence the
offender pursuant to | 790 |
|
section 2971.03 of the Revised Code. | 791 |
|
(5) A person is convicted of or pleads guilty to aggravated | 801 |
murder committed on or after the effective date of this amendment | 802 |
| January 1, 2008,
and division (A)(2)(b)(ii) of section 2929.022, | 803 |
|
division
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), | 804 |
|
(D)(3)(a)(iv),
or (E)(1)(d) of section 2929.03, or division (A) | 805 |
|
or (B) of section
2929.06 of the Revised Code requires the court | 806 |
|
to sentence the
offender pursuant to division (B)(3) of section | 807 |
|
2971.03 of the
Revised Code. | 808 |
| (H) If a person who has been convicted of or pleaded guilty | 814 |
|
to a felony is
sentenced to a prison term or term of imprisonment | 815 |
|
under this section,
sections 2929.02 to 2929.06 of the Revised | 816 |
|
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 817 |
|
Revised Code, or any other provision
of law, section 5120.163 of | 818 |
|
the Revised
Code applies regarding the
person while the person is | 819 |
|
confined in a state
correctional
institution. | 820 |
| (I) If an offender who is convicted of or pleads guilty to a | 821 |
|
felony that is an offense of violence
also is convicted of or | 822 |
|
pleads guilty to a specification of the
type described in section | 823 |
|
2941.142 of the
Revised Code that charges the offender with having | 824 |
|
committed
the felony while participating in a criminal gang, the | 825 |
|
court shall impose upon
the offender an additional prison term of | 826 |
|
one, two, or three years. | 827 |
| (J) If an offender who is convicted of or pleads guilty to | 828 |
|
aggravated murder, murder, or a
felony of the first, second, or | 829 |
|
third degree that is an
offense of violence also is convicted of | 830 |
|
or pleads guilty to a
specification of the type described in | 831 |
|
section 2941.143 of the
Revised
Code that charges the offender | 832 |
|
with having committed the offense in a school safety
zone or | 833 |
|
towards a person in a school safety zone, the court shall impose | 834 |
|
upon the offender an additional prison term of two years. The | 835 |
|
offender shall
serve the additional two years consecutively to and | 836 |
|
prior to the prison term
imposed for the underlying offense. | 837 |
| (K) At the time of sentencing, the court
may recommend the | 838 |
|
offender for
placement in a program of shock incarceration
under | 839 |
|
section 5120.031 of the Revised Code or for
placement
in an | 840 |
|
intensive program prison
under
section 5120.032 of the Revised | 841 |
|
Code, disapprove placement of the
offender in a program of shock | 842 |
|
incarceration or
an intensive
program
prison
of that nature, or | 843 |
|
make
no recommendation on placement of
the offender.
In no case | 844 |
|
shall
the department of rehabilitation and correction place the | 845 |
|
offender
in a program or prison of that nature unless the | 846 |
|
department
determines as specified in section 5120.031 or 5120.032 | 847 |
|
of the
Revised Code, whichever is applicable, that the offender is | 848 |
|
eligible for the placement. | 849 |
| If the court does not make a recommendation under this | 866 |
|
division with
respect to an
offender
and if the
department | 867 |
|
determines as specified in section 5120.031 or 5120.032
of the | 868 |
|
Revised Code, whichever is applicable, that the offender is | 869 |
|
eligible for placement in a program or prison of that nature, the | 870 |
|
department shall screen the offender and
determine if there is an | 871 |
|
available program of shock incarceration or an
intensive program | 872 |
|
prison for which the offender is suited. If there is an
available | 873 |
|
program of shock incarceration or an intensive program prison for | 874 |
|
which the offender is suited, the department shall notify the | 875 |
|
court of the
proposed placement of the offender
as specified in | 876 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 877 |
|
with the notice a brief
description of the placement. The court | 878 |
|
shall have ten days from receipt of
the notice to disapprove the | 879 |
|
placement. | 880 |
| Sec. 2941.1421. (A) Imposition of a ten-year mandatory | 886 |
|
prison term upon an offender under division (D)(7) of section | 887 |
|
2929.14 of the Revised Code is precluded unless the indictment, | 888 |
|
count in the indictment, or information charging the offense | 889 |
|
specifies that the offender discharged a firearm while committing | 890 |
|
the offense and the discharge of the firearm caused injury or | 891 |
|
death to a child who was under the age of eighteen years at the | 892 |
|
time of the commission of the offense. The specification shall be | 893 |
|
stated at the end of the body of the indictment, count, or | 894 |
|
information and shall be in substantially the following form: | 895 |
| Sec. 5103.0319. (A) No foster caregiver or prospective | 909 |
|
foster
caregiver shall fail to notify the recommending agency that | 910 |
|
recommended or is
recommending the foster
caregiver or prospective | 911 |
|
foster caregiver for certification in writing if a
person at least | 912 |
|
twelve years of age
but less than eighteen years of age residing | 913 |
|
with the foster
caregiver or prospective foster caregiver has been | 914 |
|
convicted of or
pleaded guilty to any of the following or has been | 915 |
|
adjudicated to
be a delinquent child for committing an act that if | 916 |
|
committed by
an adult would have constituted such a violation: | 917 |
| (1) A violation of section 2903.01, 2903.02, 2903.03, | 918 |
|
2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 919 |
|
2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 920 |
|
2907.06, 2907.07, 2907.08,
2907.09, 2907.21, 2907.22, 2907.23, | 921 |
|
2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02, | 922 |
|
2909.03, 2911.01, 2911.02, 2911.11,
2911.12,
2919.12, 2919.22, | 923 |
|
2919.24, 2919.25, 2923.12, 2923,13, 2923.161,
2925.02, 2925.03, | 924 |
|
2925.04, 2925.05, 2925.06, or 3716.11 of the
Revised
Code, a | 925 |
|
violation of section 2905.04 of
the Revised Code as it existed | 926 |
|
prior to July 1,
1996, a
violation of section 2919.23 of the | 927 |
|
Revised Code that would
have been a violation of section 2905.04 | 928 |
|
of the Revised Code as it existed
prior to July 1, 1996, had the | 929 |
|
violation been committed prior to
that date, a violation of | 930 |
|
section 2925.11 of the Revised
Code that
is not a minor drug | 931 |
|
possession offense, a violation of section 2923.01 of
the Revised | 932 |
|
Code that involved an attempt to commit
aggravated murder or | 933 |
|
murder, or felonious sexual penetration in
violation of former | 934 |
|
section 2907.12 of the Revised Code; | 935 |
| (2) An offense that would be a felony if committed by an | 936 |
|
adult
and the court determined that the child, if an adult, would | 937 |
|
be guilty of
a specification found in section 2941.141, 2941.144, | 938 |
or 2941.145, or 2941.1421 of the
Revised Code or in another | 939 |
|
section of the Revised Code that
relates to the possession or use | 940 |
|
of a firearm, as defined in section
2923.11 of the Revised Code, | 941 |
|
during the commission of the
act for which the child was | 942 |
|
adjudicated a delinquent child; | 943 |