As Reported by the Senate Judiciary--Criminal Justice Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
A BILL
To amend sections 109.42, 307.93, 309.18, 926.99,
1333.99, 1707.99, 1716.99, 2743.191, 2909.03,
2909.05, 2909.11,
2913.02, 2913.03, 2913.04,
2913.11, 2913.21, 2913.31, 2913.32,
2913.34,
2913.40, 2913.401, 2913.42, 2913.421, 2913.43,
2913.45,
2913.46, 2913.47, 2913.48, 2913.49,
2913.51, 2913.61, 2915.05,
2917.21, 2917.31,
2917.32, 2919.21, 2921.13, 2921.34, 2921.41,
2923.31, 2925.01, 2925.03, 2925.05, 2925.11,
2929.01, 2929.13,
2929.14, 2929.20, 2929.26,
2929.34, 2930.16, 2930.17, 2950.99,
2951.041,
2967.05, 2967.14, 2967.193, 2967.28, 2981.07,
4507.51,
5120.07,
5120.10, 5120.111, 5120.59,
5120.60,
5120.66, 5149.01, 5149.10, 5149.33, and
5149.34
and to enact
sections 307.932, 2967.19,
5120.035, and 5120.113
of
the
Revised Code to
increase from $500 to
$1,000 the
threshold
amount for determining
increased
penalties for
theft-related
offenses
and for
certain elements
of "vandalism" and
"engaging in
a pattern of
corrupt activity"; to
increase by
50% the other
threshold amounts for
determining
increased
penalties for
those offenses; to provide that if
"nonsupport of
dependents" is based on an
abandonment of or
failure to support a
child or
a person to whom a
court order requires support
and is a
felony the
sentencing court generally
must first consider
placing
the offender on one
or more community
control sanctions; to
eliminate the difference in
criminal penalties
for crack cocaine
and powder
cocaine; to revise
some of the penalties for
trafficking in
marihuana or hashish and for
possession of
marihuana, cocaine, or hashish; to
revise
procedures for
notification of victims
when
violent offenders escape from the
Department
of
Rehabilitation and Correction; to remove the
authority of the victim-related member of the
Parole Board to
approve the hiring of employees
of the Office of Victims'
Services; to modify the
number of Parole Board members required to
conduct a full Board hearing; to limit
a member
of the Parole Board who is not the Chairperson or
a
victim representative to
two six-year terms;
to revise the
eligibility criteria
for, and
procedures
governing, intervention in lieu of
conviction;
to
revise the eligibility criteria
for judicial
release; to remove
from the offense
of "escape"
certain conduct by a person under
supervised
release by the Department and specify
the method
of
sanctioning a person under
Department
supervision who engages in
that type
of conduct;
to revise the procedure for prisoners
in
state
correctional institutions to earn days
of credit
for
productive participation in
specified prison
programs; to require
GPS
monitoring of a prisoner
placed on post-release
control who
was released
early from prison due
to earning 60 or more days
of
credit; to enact a
new mechanism for the
possible release with
sentencing court approval
of Department inmates
who have served at
least
85% of their prison
term; to expand the membership
of a
county's
local corrections planning board;
to make changes
regarding halfway houses and
community
residential centers and
authorize
reentry
centers; to provide for the placement in a skilled
nursing facility of an inmate who is in imminent
danger of death, medically incapacitated, or
terminally ill for care; to provide for the
establishment
and
operation of community
alternative sentencing
centers for
misdemeanants
sentenced directly to
the centers under a
community
residential
sanction or an OVI term of
confinement not exceeding 30 days; to change the
membership of the Ex-offender Reentry Coalition by
reducing the
number and functions of members from
the Governor's office and
adding the Director of
Veterans Services; to remove judges from
the
membership of a corrections commission and instead
have them
form an advisory board; to
require the
Department to develop a reentry plan for each
inmate
committed to the Department who was not
sentenced to a term of
life without parole or a
sentence of death and who is expected to
be
imprisoned for more than 30 days; to revise the
procedures governing the
Department's issuance of
an inmate identification card upon an
inmate's
release and the use of such a card to obtain a
state
identification card; to
authorize, instead
of require, the Department to discontinue
subsidy
payment to a political subdivision that reduces
local
funding for corrections by the amount of a
community-based
corrections subsidy or that uses
a subsidy for capital
improvements; and to
require the
Department, together with the
Department of
Alcohol and Drug Addiction
Services, to develop an
implementation plan
related to funding through the
federal Second
Chance Act related to community
reentry of
offenders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.42, 307.93, 309.18, 926.99,
1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05, 2909.11,
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32,
2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45,
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05,
2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34, 2921.41,
2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01, 2929.13,
2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17, 2950.99,
2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07, 4507.51,
5120.07,
5120.10, 5120.111, 5120.59, 5120.60, 5120.66, 5149.01,
5149.10, 5149.33, and 5149.34
be amended and sections 307.932,
2967.19, 5120.035, and 5120.113
of the
Revised Code be enacted to
read as follows:
Sec. 109.42. (A) The attorney general shall prepare and
have
printed a pamphlet that contains a compilation of all
statutes
relative to victim's rights in which the attorney
general
lists
and
explains the statutes in the form of a victim's
bill of
rights.
The attorney general shall distribute the
pamphlet to
all
sheriffs, marshals,
municipal corporation and
township police
departments,
constables, and other law enforcement
agencies, to
all
prosecuting attorneys, city directors of law,
village
solicitors,
and other similar chief legal officers of
municipal
corporations,
and to organizations that represent or
provide
services for
victims of crime. The victim's bill of rights
set
forth in the
pamphlet shall contain a description of all of
the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following:
(1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code;
(2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control;
(3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case;
(6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender;
(7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release, release
pursuant to section 2967.19 of the Revised Code,
or other early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion;
(9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services;
(10) The right of the victim to bring a civil action
pursuant
to sections 2969.01 to 2969.06 of the Revised Code to
obtain money
from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or 2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency;
(15) The right of a victim of domestic violence
to seek the
issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22
of the Revised Code, a violation of a substantially similar
municipal ordinance, or an offense of violence who is a family or
household member of the offender at the time of the offense to
seek the issuance of a temporary protection order pursuant to
section 2919.26 of the Revised Code,
and the right of both types
of victims to be accompanied by a victim advocate during court
proceedings;
(16) The right of a victim of a
sexually oriented offense
or
of
a child-victim oriented offense that is committed by a person
who
is convicted of, pleads guilty to, or is adjudicated a
delinquent child for committing the
offense and who is in a
category specified in division (B) of
section 2950.10 of the
Revised Code to
receive, pursuant to that
section, notice that
the
person
has
registered with a
sheriff under section 2950.04,
2950.041, or
2950.05
of the Revised Code and
notice of the
person's name, the
person's residence that is registered, and the
offender's school,
institution of higher education, or place of
employment address or
addresses that are registered, the person's
photograph,
and
a
summary of the manner in which the victim must
make a
request
to
receive the notice. As used in this division,
"sexually
oriented
offense" and "child-victim oriented
offense"
have the same meanings as
in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or
pleads guilty to a sexually violent predator specification and who
is
sentenced
to a prison term pursuant to division
(A)(3) of
section 2971.03 of
the Revised Code, of a victim of a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January
2, 2007, by an offender who is
sentenced for the violation
pursuant to division (B)(1)(a), (b),
or (c) of section 2971.03 of
the Revised Code, of a victim of an
attempted rape committed
on or after January 2, 2007,
by an
offender who also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of
section 2971.03 of the Revised Code, and of a victim of an offense
that is described in division (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and is committed by an
offender who is sentenced pursuant to one of those divisions to
receive, pursuant to
section 2930.16 of the
Revised Code, notice
of a hearing to
determine whether to modify
the requirement that
the offender
serve the entire prison term in
a state correctional
facility,
whether to continue, revise, or
revoke any existing
modification
of that requirement, or whether
to terminate the
prison term.
As used in this division, "sexually
violent offense"
and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times:
(i) Upon first contact with the victim, the victim's family,
or
the victim's dependents;
(ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents.
If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address.
(c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
divisions (A)(1) to (17) of this
section.
(2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section
2743.51 to
2743.72,
2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the
Revised Code or under any other
provision of the Revised
Code and
does not affect any right under
those sections.
(3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code;
(2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 307.93. (A) The boards of county commissioners of
two
or more adjacent counties may contract for the joint
establishment
of a multicounty correctional center, and the board
of county
commissioners of a county or the boards of two or more
counties
may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or
multicounty-municipal
correctional center. The center shall
augment county and, where
applicable, municipal jail programs and
facilities by providing
custody and rehabilitative programs for
those persons under the
charge of the sheriff of any of the
contracting counties or of the
officer or officers of the
contracting municipal corporation or
municipal corporations
having charge of persons incarcerated in
the municipal jail,
workhouse, or other correctional facility who,
in the opinion of
the sentencing court, need programs of custody
and rehabilitation
not available at the county or municipal jail
and by providing
custody and rehabilitative programs in accordance
with division
(C) of this section, if applicable. The contract
may
include,
but need not be limited to, provisions regarding the
acquisition,
construction, maintenance, repair, termination of
operations, and
administration of the center. The contract shall
prescribe the
manner of funding of, and debt assumption for, the
center and the
standards and procedures to be followed in the
operation of the
center. Except as provided in division
(H) of
this section, the contracting counties and
municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president a member of
the board
of county commissioners of each participating county,
the
presiding judge of the court of common pleas of each
participating
county, or, if the court of common pleas of a
participating county
has only one judge, then that judge, the
chief of police of each
participating municipal corporation, and
the
mayor or city manager of
each participating municipal
corporation, and the presiding judge
or the sole judge of the
municipal court of each participating
municipal corporation. Any
of the foregoing officers may appoint
a designee to serve in the
officer's
place on the corrections
commission. The standards and
procedures shall be formulated and
agreed to by the commission
and
may be amended at any time during
the life of the contract by
agreement of the parties to the
contract upon the advice of the
commission. The standards and
procedures formulated by the
commission shall include, but need
not be limited to, designation
of the person in charge of the
center, designation of a fiscal
agent, the categories of
employees to be employed at the center,
the appointing authority
of the center, and the standards of
treatment and security to be
maintained at the center. The person
in charge of, and all
persons employed to work at, the center
shall have all the powers
of police officers that are necessary
for the proper
performance of the duties relating to their
positions at the center.
(B)(1) Upon the establishment of a corrections commission
under division (A) of this section, the judges specified in this
division shall form a judicial advisory board for the purpose of
making recommendations to the corrections commission on issues of
bed allocation, expansion of the center that the corrections
commission oversees,
and other issues concerning the
administration of sentences or any
other matter determined to be
appropriate by the corrections
commission. The judges who shall
form the judicial advisory board
for a corrections commission are
the administrative judge of the
general division of the court of
common pleas of each county
participating in the corrections
center, the presiding judge of
the municipal court of each
municipal corporation participating in
the corrections center,
and the presiding judge of each county
court of each county
participating in the corrections center. Any
of the foregoing
judges may appoint a designee to serve in the
judge's place on
the judicial advisory board, provided that the
designee shall be
a judge of the same court as the judge who makes
the appointment.
The judicial advisory board for a corrections
commission shall
meet with the corrections commission at least
once each year.
(2) Each board of county commissioners that enters a
contract
under division (A) of this section may appoint a
building
commission pursuant to section 153.21 of the Revised
Code. If any
commissions are appointed, they shall function
jointly in the
construction of a multicounty or
multicounty-municipal
correctional center with all the powers and
duties authorized by
law.
(C) Prior to the acceptance for custody and rehabilitation
into
a center established under this section of any persons who
are designated by
the department of rehabilitation and correction,
who plead guilty to or are
convicted of a felony of the fourth or
fifth degree, and who satisfy the other
requirements listed in
section 5120.161 of the Revised Code, the corrections
commission
of a center established
under this section shall enter into an
agreement with the
department of rehabilitation and correction
under section
5120.161 of the Revised Code for the custody and
rehabilitation
in the center of persons who are designated by the
department,
who plead guilty to or are convicted of a felony of
the fourth or fifth
degree, and who satisfy the other requirements
listed in that section, in
exchange for a per diem fee per person.
Persons incarcerated in
the center pursuant to an agreement
entered into under this
division shall be subject to
supervision
and control in the manner described in section
5120.161 of the
Revised Code. This division does not affect the authority
of a
court to directly sentence a person who is convicted of or pleads
guilty
to a felony to the center in accordance with section
2929.16 of the Revised
Code.
(D)
Pursuant to section 2929.37 of the Revised Code,
each
board of county commissioners and the legislative
authority
of
each municipal corporation that enters into a
contract under
division (A) of this section may require a person
who was
convicted of an offense,
who is under the charge of the sheriff of
their county or of the
officer or officers of the contracting
municipal corporation or
municipal corporations having charge of
persons incarcerated in
the municipal jail, workhouse, or other
correctional facility,
and who is confined in the multicounty,
municipal-county,
or multicounty-municipal correctional center as
provided in that division, to
reimburse
the applicable county or
municipal corporation for its expenses
incurred by reason of the
person's confinement in the center.
(E) Notwithstanding any contrary provision in this
section
or
section 2929.18,
2929.28, or
2929.37 of
the
Revised
Code, the
corrections commission of
a
center may
establish
a
policy
that
complies with section 2929.38
of the Revised Code
and
that
requires any person who is not
indigent
and who is
confined
in the
multicounty, municipal-county,
or
multicounty-municipal
correctional center to pay a
reception fee,
a fee
for
medical
treatment or service
requested by and provided
to
that
person, or
the fee for a
random drug test assessed
under
division (E) of
section 341.26 of
the Revised Code.
(F)(1) The corrections commission of a center
established
under this section may establish a commissary for the
center. The
commissary may be established either in-house or by
another
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary
privileges. A
person's purchases from the commissary shall be
deducted from the
person's account record in the center's
business office. The
commissary shall provide for the
distribution to indigent persons
incarcerated in the center of
necessary hygiene articles and
writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and
reserve
shall be considered profits. All profits from the
commissary fund
shall be used to purchase supplies and equipment
for the benefit
of persons incarcerated in the center and to pay salary and
benefits for employees of the center, or for any other persons,
who work in or
are employed for the sole purpose of providing
service to the commissary. The
corrections commission
shall adopt
rules and regulations for the
operation of any
commissary fund it
establishes.
(G) In lieu of forming a corrections commission to
administer
a
multicounty correctional center or a municipal-county
or
multicounty-municipal correctional center, the boards of county
commissioners
and the legislative authorities of the municipal
corporations contracting to
establish the center may also agree to
contract for the private operation and
management of the center as
provided in section 9.06 of the Revised Code, but
only if the
center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards
and
legislative authorities establishing the center shall approve
and be
parties to the contract.
(H) If a person who is convicted of or pleads guilty to
an
offense is
sentenced to a term in a multicounty correctional
center or a municipal-county
or multicounty-municipal correctional
center or is incarcerated in the center
in the manner described in
division (C) of this section, or if a
person who is arrested for
an offense, and who has been denied bail or has had
bail set and
has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional
center pending trial, at the time of reception and at
other times the
officer, officers, or other person in charge of
the operation of the center
determines to be appropriate, the
officer, officers, or other person in charge
of the operation of
the center may cause the convicted or accused offender to
be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C, and other
contagious diseases. The officer, officers, or other person in
charge of the
operation of the center may cause a convicted or
accused offender in the
center who refuses to be tested or treated
for tuberculosis, HIV
infection, hepatitis, including but not
limited to hepatitis A, B, and C,
or another contagious disease to
be tested and treated
involuntarily.
(I) As used in this section, "multicounty-municipal"
means
more than one county and a municipal corporation, or more
than
one
municipal corporation and a county, or more than one
municipal
corporation and more than one county.
Sec. 307.932. (A) As used in this section:
(1) "Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.
(2) "Eligible offender" means, in relation to a particular
community alternative sentencing center or district community
alternative sentencing
center established and operated under
division (E) of this
section, an offender who has been convicted
of or pleaded guilty
to a qualifying misdemeanor offense, for
whom no provision of the Revised Code or ordinance of a municipal
corporation other than section
4511.19 of the Revised Code or an
ordinance of a municipal
corporation that provides the penalties
for a municipal OVI
offense of the municipal corporation requires
the imposition of a mandatory jail term for
that qualifying
misdemeanor offense, and who is eligible to be
sentenced directly
to that center and admitted to it under rules
adopted under
division (G) of
this section by the board of county
commissioners or affiliated
group of boards of county
commissioners that established and
operates that center.
(3) "Municipal OVI offense" has
the same meaning as in
section 4511.181 of the Revised Code.
(4) "OVI term of confinement" means a term of confinement
imposed for a violation of section 4511.19 of the Revised Code or
for a municipal OVI offense, including any mandatory jail term or
mandatory term of local incarceration imposed for that violation
or offense.
(5) "Community residential sanction" means a community
residential sanction imposed under section 2929.26 of the Revised
Code for a misdemeanor violation of a section of the Revised Code
or a term of confinement imposed for a misdemeanor violation of a
municipal ordinance that is not a jail term.
(6) "Qualifying misdemeanor offense" means a violation of any
section of the Revised Code that is a
misdemeanor or a violation
of any ordinance of a municipal
corporation located in the county
that is a misdemeanor.
(B)(1) The board of county commissioners of any county, in
consultation with the sheriff of the county, may formulate a
proposal for a community alternative sentencing center that, upon
implementation by the county or being subcontracted to or operated
by a nonprofit organization, would be used for the confinement of
eligible
offenders sentenced directly to the center by a court
located in the county pursuant to a community residential sanction
of not more than thirty days or pursuant to an OVI term of
confinement of not more than thirty days, and for the purpose of
closely
monitoring those
eligible offenders' adjustment to
community
supervision. A board
that formulates a proposal
pursuant to this
division shall do so
by resolution.
(2) The boards of county commissioners of two or more
adjoining or neighboring counties, in consultation with the
sheriffs of each of those counties, may affiliate and formulate by
resolution adopted by each of them a proposal for a district
community alternative sentencing center that, upon implementation
by the
counties or being subcontracted to or operated by a
nonprofit
organization, would be
used for the confinement of
eligible
offenders sentenced directly to the center by a
court
located in any of those counties pursuant to a community
residential sanction of not more than thirty days or pursuant to
an OVI term of confinement of not more than thirty days, and for
the purpose
of
closely monitoring those
eligible offenders'
adjustment to
community supervision. Each
board that affiliates
with one or
more other boards to formulate a
proposal pursuant
to this
division shall formulate the proposal by
resolution.
(C) Each proposal for a community alternative sentencing
center or a
district community alternative sentencing center that
is formulated under
division (B)(1) or (2) of this section shall
include proposals for
operation of the center and for criteria to
define which offenders
are eligible to be sentenced directly to
the center and admitted to it. At a minimum, the
proposed
criteria that define which offenders are eligible to be
sentenced
directly to the center and admitted to it shall provide all of the
following:
(1) That an offender is eligible to be sentenced directly to
the
center and admitted to it if the offender has been convicted
of or pleaded guilty to
a qualifying misdemeanor offense and is
sentenced directly to the center for the qualifying misdemeanor
offense pursuant to a community residential sanction of
not more
than thirty days or pursuant to an OVI term of confinement of not
more than thirty days by a court that
is located in the county or
one of the counties
served by the
board of county commissioners
or by any of the
affiliated group of
boards of county
commissioners that submits
the proposal;
(2) That no offender is eligible to be sentenced directly to
the center or admitted to it
if, in addition to the community
residential sanction or OVI term of confinement described in
division (C)(1) of
this
section, the offender is serving or has
been sentenced to
serve
any other jail term, prison term, or
community residential
sanction.
(D)(1) If a board of county commissioners formulates a
proposal for a community alternative sentencing center pursuant to
division
(B)(1) of this section or an affiliated group of boards
of county
commissioners formulates a proposal for a district
community
alternative sentencing center pursuant to division
(B)(2) of this section,
prior to establishing or operating the
center, the board or the
affiliated group of boards shall submit
the proposal for
certification to the
division of parole and
community services of the department of rehabilitation and
correction for approval
and
certification pursuant to division
(F) of section 5120.10 of the
Revised Code. The division may
approve and certify a center as a suitable facility for the care
and treatment of adult offenders only if the center complies with
the standards for the certification of the centers that the
division adopts by rule in accordance with Chapter 119. of the
Revised Code. The division shall inspect each center to which a
proposal submitted under this division applies and annually shall
inspect each center established or operated under an approved and
certified proposal to determine if the proposed or certified
center is in compliance with the certification standards. A board
or affiliated group of boards shall not
establish or operate a
center without the division's approval
and
certification. The
approval
and certification of a center by the division is not a
requirement
for, and is not an affirmation that the division or
the department
of rehabilitation and correction must or will
provide, funding for
the operation of the center.
(2) If a proposal for a community alternative sentencing
center or a
district community alternative sentencing center that
is formulated under
division (B)(1) or (2) of this section
contemplates the use of an
existing facility, or a part of an
existing facility, as the
center, nothing in this section limits,
restricts, or precludes
the use of the facility, the part of the
facility, or any other
part of the facility for any purpose other
than as a community alternative sentencing center or district
community alternative sentencing center.
(E) Upon approval and certification by the division of parole
and community services of a proposal for a community
alternative
sentencing
center or for a district community alternative
sentencing
center submitted
to the division under division
(D)
of this section, the board of county
commissioners or the
affiliated group of boards of county
commissioners that submitted
the proposal may establish and
operate the center in accordance
with the approved and certified
proposal, division (G) of this
section, and rules adopted under
that division. The establishment
and operation of the center may be done by subcontracting with a
nonprofit organization for the operation of the center.
If a board of county commissioners or an affiliated group of
boards of county commissioners establishes and operates a
community alternative sentencing center or district community
alternative sentencing
center under this division, except as
otherwise provided in this division, the center is
not a minimum
security
jail under section 341.14, section 753.21,
or any other
provision
of the Revised Code, is not a jail or
alternative
residential
facility as defined in section 2929.01 of
the
Revised Code, is not
required to satisfy or comply with
minimum
standards for minimum
security jails or other jails that
are
promulgated under division
(A) of section 5120.10 of the
Revised
Code, is not a local
detention facility as defined in
section
2929.36 of the Revised
Code, and is not a residential
unit as
defined in section 2950.01
of the Revised Code. The
center is a
detention facility as defined
in sections 2921.01 and
2923.124
of the Revised Code, and an
eligible offender confined
in the
center is under detention as
defined in section 2921.01 of
the
Revised Code. Regarding
persons sentenced directly to the center
under an OVI term of
confinement, the center shall be considered
a "jail" or "local
correctional facility" for purposes of any
provision in section
4511.19 of the Revised Code or in an
ordinance of a municipal
corporation that requires a mandatory
jail term or mandatory term
of local incarceration for the
violation of section 4511.19 of the
Revised Code or the municipal
OVI offense, and a direct sentence
of a person to the center
under an OVI term of confinement shall
be considered to be a
sentence to a "jail" or "local correctional
facility" for
purposes of any such provision in section 4511.19 of
the Revised
Code or in an ordinance of a municipal corporation.
(F)(1) If the board of county commissioners of a county that
is being served by a community alternative sentencing center
established
pursuant to division (E) of this section determines
that it no
longer wants to be served by the center, the board may
dissolve
the center by adopting a resolution evidencing the
determination
to dissolve the center and notifying, in writing,
the division of parole and community services of the determination
to dissolve the
center.
(2) If the boards of county commissioners of all of the
counties served by any district community alternative sentencing
center
established pursuant to division (E) of this section
determine
that they no longer want to be served by the center,
the boards
may dissolve the center by adopting in each county a
resolution
evidencing the determination to dissolve the center
and notifying,
in writing, the division of parole and community
services of the
determination to
dissolve the center.
(3) If at least one, but not all, of the boards of county
commissioners of the counties being served by any district
community alternative sentencing center established pursuant to
division (E)
of this section determines that it no longer wants
to be served by
the center, the board may terminate its
involvement with the
center by adopting a resolution evidencing
the determination to
terminate its involvement with the center
and notifying, in
writing, the division of parole and community
services of the
determination to
terminate its involvement with
the center. If at
least one, but
not all, of the boards of
county commissioners of
the counties
being served by any
community alternative sentencing center
terminates its
involvement with the center in accordance with this
division, the
other boards of county commissioners of the counties
being served
by the center may continue to be served by the
center.
(G) Upon approval and certification by the division of parole
and community services of a proposal for a community
alternative
sentencing
center or
for a district community alternative
sentencing
center submitted
to it
under division (D) of this
section, prior
to establishing or
operating the center, the
board of county
commissioners or the
affiliated group of boards
of county
commissioners that submitted
the proposal shall adopt
rules for
the operation of the center.
The rules shall include
criteria
that define which offenders are
eligible to be
sentenced directly to the
center and admitted to it and the
criteria so
included shall be consistent with the
proposed
criteria included
in the proposal approved and certified
by the
division.
(H) If a board of county commissioners establishes and
operates a community alternative sentencing center under division
(E) of
this section, or an affiliated group of boards of county
commissioners establishes and operates a district community
alternative sentencing center under that division, all of the
following
apply:
(1) Any court located within the
county served by the
board
that establishes and operates a
community correctional center may
directly sentence
eligible offenders to the center pursuant to a
community residential sanction of not more than thirty days
or
pursuant to an OVI term of confinement of not more than thirty
days.
Any court
located within a county served
by any of the
boards that
establishes and operates a
district
community
correctional
center may
directly sentence eligible
offenders to
the center
pursuant to a community residential sanction of not
more than
thirty days or pursuant to an OVI term of confinement
of not more than thirty days.
(2) Each eligible offender who is sentenced to the center as
described in division (H)(1) of this section and admitted to it
shall be offered during the eligible offender's confinement at the
center educational and vocational services and reentry planning
and may be offered any other treatment and rehabilitative services
that are available and that the court that
sentenced
the
particular eligible offender to the center and the administrator
of
the
center determine are appropriate based upon the offense
for
which
the eligible offender was sentenced to the community
residential sanction and
the
length of the sanction.
(3) Before accepting an eligible offender sentenced to the
center by
a court, the board or the affiliated group of
boards
shall enter into an agreement with a political subdivision
that
operates that court that addresses the cost and payment of medical
treatment
or services received by eligible offenders sentenced by
that court while they
are confined in the center. The
agreement
may provide for the
payment of the costs by the
particular
eligible offender who
receives the treatment or
services, as
described in division (I)
of this section.
(4) If a court sentences an eligible
offender to
a center
under authority of division (H)(1) of this
section, immediately
after the sentence is imposed, the eligible offender shall be
taken to the probation department that serves the court. The
department shall handle any preliminary matters regarding the
admission of the eligible offender to the center, including a
determination as to whether the eligible offender may be admitted
to the center under the criteria included in the rules adopted
under division (G) of this section that define which offenders are
eligible to be sentenced and admitted to the center. If the
eligible offender is accepted for admission to the center, the
department shall schedule the eligible offender for the admission
and shall provide for the transportation of the offender to the
center. If an eligible offender who is sentenced to the center
under a community residential sanction is not accepted for
admission to
the center for any reason, the nonacceptance shall
be considered a
violation of a condition of the community
residential sanction,
the eligible offender shall be taken before
the court that imposed
the sentence, and the court may proceed as
specified in division
(C)(2) of section 2929.25 of the Revised
Code based on the
violation or as provided by
ordinance of the
municipal corporation based on the violation, whichever is
applicable. If an
eligible offender who is sentenced to the
center under an OVI term
of confinement is not accepted for
admission to the center for any
reason, the eligible offender
shall be taken before the court that
imposed the sentence, and
the court shall determine the place at
which the offender is to
serve the term of confinement. If the eligible offender is
admitted to the center, all
of the
following apply:
(a) The admission shall be under the terms and conditions
established by the court and the
administrator of the
center,
and the court
and the administrator of the
center shall provide
for the
confinement of the eligible offender
and supervise the
eligible
offender as provided in divisions
(H)(4)(b) to (f) of
this
section.
(b) The eligible offender shall be confined in the center
during any period of time that the eligible offender is not
actually working at the eligible offender's approved work release
described in division (H)(4)(c) of this section, engaged in
community service activities described in division (H)(4)(d) of
this section, engaged in authorized vocational training or another
authorized educational program, engaged in another program
designated by the administrator of the
center, or engaged in
other activities approved by the court and
the administrator of
the center.
(c) If the court and the administrator
of the
center
determine that work release is appropriate based
upon the
offense for which the eligible offender was sentenced to
the
community residential sanction or OVI term of confinement and the
length of the sanction or term, the
eligible
offender may be
offered work release from confinement
at the
center and be
released from confinement while engaged in
the work
release.
(d) If the administrator of the
center determines that
community service is appropriate and if the
eligible offender
will be confined for more than ten days at the
center, the
eligible offender may be required to participate in
community
service activities approved by the political subdivision
served
by the court. Community service activities that may be
required
under this division may take place in facilities of the
political
subdivision that operates the court, in the community, or
in both
such
locales. The eligible offender shall be released from
confinement
while engaged in the community service activities.
Community
service activities required under this division shall
be
supervised by the court or an official
designated by
the
board of county commissioners or affiliated
group of boards of
county commissioners that established and is
operating the
center.
Community service activities required under
this
division shall
not exceed in duration the period for which
the
eligible offender
will be confined at the center under the
community residential sanction or the OVI term of confinement.
(e) The confinement of the eligible offender in the center
shall be considered for purposes of this division and division
(H)(4)(f) of this section as including any period of time
described in division (H)(4)(b) of this section when the eligible
offender may be outside of the center and shall continue until the
expiration of the community residential sanction or OVI term of
confinement that the eligible
offender is serving
upon admission
to the center.
(f) After the admission and until the expiration of the
community residential sanction or OVI term of confinement that the
eligible offender is
serving upon admission to the
center, the
eligible offender
shall be considered for purposes of
any
provision in Title XXIX
of the Revised Code to be serving the
community residential
sanction or OVI term of confinement.
(5) The administrator of the center, or the administrator's
designee, shall post a sign as described in division (A)(4) of
section 2923.1212 of the Revised Code in a conspicuous location at
the center.
(I) The board of county commissioners that establishes and
operates a community alternative sentencing center under division
(E) of
this section, or the affiliated group of boards of county
commissioners that establishes and operates a district community
alternative sentencing center under that division, may require an
eligible
offender who is sentenced directly to the center and
admitted to it to pay to the county
served by the board or the
counties served by the affiliated group
of boards or the entity
operating the center the reasonable
expenses incurred by the
county or
counties, whichever is
applicable, in supervising or
confining the
eligible offender
after being sentenced to the
center and admitted. Inability to pay
those reasonable
expenses
shall not be grounds for refusing to
admit an otherwise
eligible
offender to the center.
(J)(1) If an eligible offender who is directly sentenced to a
community alternative sentencing center or district community
alternative sentencing center and admitted to the center
successfully completes the service of the community residential
sanction in the center, the administrator of the center shall
notify the court that imposed the sentence, and the court shall
enter into the journal that the eligible offender successfully
completed the service of the sanction.
(2) If an eligible offender who is directly sentenced to a
community alternative sentencing center or district community
alternative sentencing center and admitted to the center violates
any rule established under this section by the board
of county
commissioners or the affiliated group of boards of
county
commissioners that establishes and operates the center, violates
any condition of the community residential sanction or OVI term of
confinement imposed by the
sentencing court, or otherwise does
not successfully complete the
service of the community
residential sanction or OVI term of confinement in the center, the
administrator of the center shall report the violation or failure
to successfully complete the sanction or term directly to the
court or to
the probation department or probation officer with
general control
and supervision over the eligible offender. A
failure to
successfully complete the service of the community
residential
sanction or OVI term of confinement in the center
shall be considered a violation of a
condition of the community
residential sanction or the OVI term of confinement. If the
administrator reports the violation to the probation department or
probation officer, the department or officer shall report the
violation to the court. Upon its receipt under this division of a
report of a violation or failure to complete the sanction by a
person sentenced to the center under a community residential
sanction, the court
may proceed as specified in division (C)(2)
of section 2929.25 of
the Revised Code based on the violation or
as provided by
ordinance of the municipal corporation based on
the violation,
whichever is applicable. Upon
its receipt under
this division of a report of a violation or
failure to complete
the term by a person sentenced to the center
under an OVI term of
confinement, the court shall determine the
place at which the
offender is to serve the remainder of the term
of confinement.
The eligible offender
shall receive credit
towards completing
the eligible offender's
sentence for the time
spent in the
center after admission to it.
Sec. 309.18. (A) If a prosecuting attorney of a county
receives notice from the department of rehabilitation and
correction pursuant to section 5120.14 of the Revised Code that a
person indicted in that county for an offense of violence that is
a felony has escaped from a correctional institution under the
control of the
department or otherwise has
escaped from the
custody of the department, receives notice from
the sheriff of the
county pursuant to section 341.011 of the
Revised Code that a
person indicted for or otherwise charged with
an offense of
violence that is a felony and that was committed in
the county has
escaped from the county jail or workhouse or
otherwise has escaped
from the custody of the sheriff, or
receives notice from a chief
of police or other chief law
enforcement officer of a municipal
corporation pursuant to
section 753.19 of the Revised Code that a
person indicted for or
otherwise charged with an offense of
violence that is a felony
and that was committed in the county has
escaped from a jail or
workhouse of that municipal corporation or
otherwise has escaped
from the custody of that municipal
corporation, the prosecuting
attorney shall notify each victim of
an offense of violence that
is a felony committed by that person
of the person's escape and,
if applicable, of his the person's
subsequent apprehension. The
notice of
escape shall be given as
soon as possible after receipt of the
notice from the department,
sheriff, or chief law enforcement
officer of the municipal
corporation and shall be given by
telephone or in person, except
that, if a prosecuting attorney
tries and fails to give the notice
of escape by telephone at the
victim's last known telephone number
or tries and fails to give
the notice of escape in person at the
victim's last known
address, the notice of escape shall be given
to the victim at his
the victim's
last known address by certified
mail, return receipt requested.
The notice of apprehension shall
be given as soon as possible
after the person is apprehended and
shall be given in the same
manner as is the notice of escape.
Any prosecuting attorney who fails to give any notice
required by this section division is immune from civil liability
for any
injury, death, or loss to person or property that might be
incurred as a result of that failure to give notice.
(B) If a prosecuting attorney of a county receives notice
from the department of rehabilitation and correction pursuant to
section 5120.14 of the Revised Code or otherwise receives notice
from the department that a person who was convicted of or pleaded
guilty in that county to an offense of violence that is a felony
has escaped from a correctional institution under the control of
the department or otherwise has escaped from the custody of the
department, and if the office of victim services of the department
requests assistance from the prosecuting attorney in identifying
and locating the victim of the offense, the prosecuting attorney
promptly shall provide the information requested, if available, to
the office of victim services.
Sec. 926.99. (A)(1) Except as provided in
division (A)(2)
of this section, whoever violates section 926.04
of the Revised
Code is
guilty of a misdemeanor of the first degree on a first
offense
and a felony of the fifth degree on each subsequent
offense.
(2) A person who
violates section 926.04 of the
Revised
Code
and who is insolvent and financially
unable to satisfy a claimant
as defined in section
926.021 of the Revised
Code is guilty of a
felony of
the fifth degree if the financial obligation owed by the
offender to the claimant is five hundred one thousand dollars or
more and
is
less than five seven thousand five hundred dollars.
If the financial
obligation is
five seven thousand five hundred
dollars or more and is less than one
hundred fifty
thousand
dollars, the offender is guilty of a felony of
the
fourth
degree. If the financial obligation is one hundred
fifty thousand
dollars or more, the offender is guilty of a felony of
the third
degree.
(B) Whoever violates division (E) or (F) of section 926.20 or
division (A) of
section 926.22 of the Revised Code is guilty of a
minor misdemeanor on a first
offense and a misdemeanor of the
second degree on each
subsequent offense.
(C) Whoever violates division (G) of section 926.20 or
section 926.34 or
926.35 of the Revised Code is guilty of a felony
of the
fourth degree.
(D) Whoever violates division (A) of
section
926.28 or
division (B) of section 926.29 of the Revised Code
is guilty of a
felony of the fifth degree.
(E) Whoever violates section 926.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree.
Sec. 1333.99. (A) Whoever violates sections 1333.01 to
1333.04 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1333.12 or 1333.71 of the
Revised Code
is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 1333.36 of the Revised Code
is
guilty of a misdemeanor of the third degree.
(D) A prosecuting attorney may file an action to restrain
any
person found in violation of section 1333.36 of the Revised
Code.
Upon the filing of such an action, the common pleas court
may
receive evidence of such violation and forthwith grant a
temporary
restraining order as may be prayed for, pending a
hearing on the
merits of said cause.
(E) Whoever violates division (A)(1) of section 1333.52 or
section 1333.81 of the Revised Code is guilty of a misdemeanor of
the first degree.
(F) Whoever violates division (A)(2) or (B) of section
1333.52 of the Revised
Code is guilty of a misdemeanor of the
second degree.
(G) Except as otherwise provided in this
division, whoever
violates section 1333.92 of the Revised Code
is guilty of a
misdemeanor of the first degree. If the value of the
compensation
is five hundred one thousand dollars or more and less than five
seven
thousand
five hundred dollars, whoever violates section
1333.92 of the Revised
Code is
guilty of a
felony of
the fifth
degree. If the value of
the
compensation is five seven thousand
five hundred dollars or more and less
than
one
hundred fifty
thousand dollars, whoever violates section 1333.92 of
the
Revised Code is
guilty of a felony of the fourth degree. If
the
value of the compensation is
one hundred fifty thousand dollars or
more,
whoever violates section 1333.92 of the
Revised Code is
guilty of
a felony of the third degree.
Sec. 1707.99. Whoever commits any act described in division
(A)
of section
1707.042 or section 1707.44 of the Revised Code is
guilty of a
violation of sections 1707.01 to 1707.45 of the
Revised Code and
the following apply to the offender:
(A) If the value of
the funds or securities involved in the
offense or the loss to
the victim is less than five hundred
one
thousand
dollars, the
offender
is guilty of
a felony of the fifth
degree,
and the court
may impose
upon the offender an
additional
fine of
not more than two thousand five hundred dollars.
(B) If
the value of the funds or securities involved in the
offense or
the loss to the victim is five hundred
one thousand
dollars or
more but less
than five seven thousand five hundred
dollars, the
offender
is guilty
of a felony
of the fourth
degree, and the
court may
impose upon
the offender
an
additional fine of not
more than five
thousand
dollars.
(C) If the value of
the funds or securities involved in the
offense or the loss to
the victim is five seven thousand five
hundred dollars or more
but less than
twenty-five thirty-seven
thousand five hundred dollars, the offender is guilty
of a
felony
of the third degree, and the court may impose upon the
offender
an additional fine of not more than ten thousand dollars.
(D) If the value of
the funds or securities involved in the
offense or the loss to
the victim is twenty-five
thirty-seven
thousand five hundred dollars
or more but less than
one hundred
fifty thousand dollars, the offender
is guilty of a
felony
of
the second degree, and the court may
impose upon the
offender
an
additional fine of not more than
fifteen thousand
dollars.
(E) If the value of
the funds or securities involved in the
offense or the loss to
the victim is one hundred fifty thousand
dollars
or more, the offender
is guilty of a felony of the first
degree,
and the court may
impose upon the offender an additional
fine of
not more than
twenty thousand dollars.
Sec. 1716.99. (A) Whoever violates any provision of
sections 1716.02
to 1716.17 of the Revised Code, other than
division (A)(1)
of section 1716.14
of the Revised Code, is guilty
of a misdemeanor of the
first degree.
Each occurrence of a solicitation of a contribution
from any
person in violation of any provision of sections 1716.02 to
1716.17 of
the Revised Code,
other than division (A)(1) of section
1716.14 of the Revised Code, is
considered a separate offense.
(B)(1) Whoever violates division (A)(1) of section
1716.14 of
the Revised Code is guilty
of solicitation fraud and shall be
punished
as provided in divisions (B)(2) to (4) of this section.
(2) Except as otherwise provided in division (B)(4) of this
section, division (B)(3) of this section applies to solicitation
fraud, and solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions
(B)(2)(b) to
(d) of
this section, a misdemeanor of the first degree or,
if the
offender previously has been convicted of or pleaded guilty to a
theft
offense or a
violation of division (A)(1) of section 1716.14
of the Revised Code, a felony
of the
fifth degree.
(b) If the value of the contribution or contributions made in
the
violation is five hundred
one thousand dollars or more but
less than
five seven thousand five hundred dollars,
a felony of
the fifth degree or,
if the
offender previously has been
convicted
of or pleaded
guilty to a
theft offense or a
violation of division
(A)(1) of
section
1716.14
of the Revised
Code, a felony of the fourth
degree.
(c) If the value of the contribution or contributions made in
the
violation is five seven thousand five hundred dollars or more
but less than one
hundred fifty thousand dollars, a felony of the
fourth degree or, if the
offender previously has been convicted
of
or pleaded guilty to a
theft offense or a violation of
division
(A)(1) of section
1716.14
of the Revised Code, a felony
of the third degree.
(d) If the value of the contribution or contributions made in
the
violation is one hundred fifty thousand dollars or more, a
felony of
the third
degree.
(3) When an offender commits a series of offenses in
violation of
division (A)(1) of section 1716.14 of the Revised
Code as part of
a common scheme or plan to defraud multiple
victims, all of the offenses may
be tried as a single offense. If
the offenses are tried as a single offense,
the value of the
contributions for
purposes of determining the value as required by
division (B)(2)
of this section is the aggregate value of all
contributions involved in all
offenses in the common
scheme or
plan to defraud multiple victims. In prosecuting a
single offense
under this division, it is not necessary to
separately allege and
prove each offense in the series. Rather,
it is sufficient to
allege and prove that the offender, within a
given span of time,
committed one or more offenses as part of a
common scheme or plan
to defraud multiple victims as described in
this division.
(4) If the victim of the offense is an elderly person or
disabled adult,
division (B)(4) of this section and
section
2913.61 of the Revised Code apply to
solicitation fraud, and
solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions
(B)(4)(b) to
(d) of this section, a
felony of the fifth degree;
(b) If the value of the contributions made in the violation
is
five hundred
one thousand dollars or more and is less than
five
seven thousand five hundred dollars, a felony
of the fourth
degree;
(c) If the value of the contributions made in the violation
is
five seven thousand five hundred dollars or more and is less
than twenty-five
thirty-seven thousand five hundred dollars, a
felony of the third degree;
(d) If the value of the contributions made in the violation
is
twenty-five thirty-seven thousand five hundred dollars or more,
a felony of the second
degree.
(C) Any person who is found guilty of
any act or omission
prohibited under this chapter shall forfeit the
bond described in
section 1716.05 or 1716.07 of the Revised Code to the state
treasury to the credit of the charitable law fund
established
under section 109.32 of the Revised Code and shall be
prohibited
from registering with the attorney general or from
serving as a
fund-raising counsel or professional solicitor in
this state for a
period of five years after conviction.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The
payment of awards of reparations that are granted by
the attorney
general;
(b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code;
(d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general;
(e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code;
(f) The costs of investigation and decision-making as
certified by the
attorney general;
(g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code;
(h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code;
(j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and
2901.07 of
the Revised
Code, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives
by the attorney general for the apprehension, prosecution, and
accountability of offenders, and the enhancing of services to
crime victims. The amount of payments made pursuant to division
(A)(1)(l) of this section during any given fiscal year shall not
exceed five per cent of the balance of the reparations fund at the
close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section;
(n) The costs of installation and monitoring of an electronic
monitoring device used in the monitoring of a respondent pursuant
to an electronic monitoring order issued by a court under division
(E)(1)(b) of section 2903.214 of the Revised Code if the court
determines that the respondent is indigent or in the monitoring of
an offender pursuant to an electronic monitoring order issued
under division (B)(5) of section 2919.27 of the Revised Code if
the court determines that the offender is indigent;
(o) The costs of monitoring an offender by means of a global
positioning device, if the offender is released from prison
pursuant to section 2967.19 of the Revised Code, the court orders
monitoring of the offender by the device pursuant to division (H)
of that section, and the court determines that the offender is
indigent.
(2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award only if the
amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation
is made by the general assembly pursuant to this
division, the
fund has sufficient unencumbered funds to pay the
award or part of
the award, the available funds shall be used to
pay the award or
part of the award, and the appropriation request
shall be amended
to request only sufficient funds to pay that
part
of the award
that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined
and all rights to appeal exhausted, except
as otherwise
provided
in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the
costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2909.03. (A) No person, by means of fire or
explosion,
shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm
to
any property of another without the other person's consent;
(2) Cause, or create a substantial risk of, physical harm
to
any property of the offender or another, with purpose to
defraud;
(3) Cause, or create a substantial risk of, physical harm
to
the statehouse or a courthouse, school building, or other
building
or structure that is owned or controlled by the state,
any
political subdivision, or any department, agency, or
instrumentality of the state or a political subdivision, and that
is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm,
through the offer or the acceptance of an agreement for hire or
other consideration, to any property of another without the other
person's
consent or to any property of the offender or another
with
purpose to
defraud;
(5) Cause, or create a substantial risk of, physical harm
to
any park, preserve, wildlands, brush-covered land, cut-over
land,
forest, timberland, greenlands, woods, or similar real
property
that is owned or controlled by another person, the
state, or a
political subdivision without the consent of the
other person, the
state, or the political subdivision;
(6) With purpose to defraud, cause, or create a
substantial
risk of, physical harm to any park, preserve,
wildlands,
brush-covered land, cut-over land, forest, timberland,
greenlands,
woods, or similar real property that is owned or
controlled by the
offender, another person, the state, or a
political
subdivision.
(B)(1) Whoever violates this section is guilty of arson.
(2) A violation of division (A)(1) of this section is one
of
the following:
(a) Except as
otherwise provided in division (B)(2)(b) of
this
section, a
misdemeanor of the first degree;
(b) If the value of the property or the amount of the
physical harm involved is five hundred
one thousand dollars or
more, a
felony
of the fourth degree.
(3) A violation of division (A)(2), (3), (5), or (6) of
this
section is a felony
of the fourth degree.
(4) A violation of division (A)(4) of this section is a
felony of the third degree.
Sec. 2909.05. (A) No person shall knowingly cause serious
physical harm to an occupied structure or any of its contents.
(B)(1) No person shall knowingly cause physical
harm to
property that is owned or possessed by another, when
either of the
following applies:
(a) The property is used by its owner or possessor in the
owner's
or possessor's
profession, business, trade, or occupation,
and the value of the
property or the amount of physical harm
involved is five hundred
one thousand
dollars or more;
(b) Regardless of the value of the property or the amount
of
damage done, the property or its equivalent is necessary in
order
for its owner or possessor to engage in the owner's or
possessor's
profession,
business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm
to
property that is owned, leased, or controlled by a
governmental
entity. A governmental entity includes, but is not
limited to, the
state or a political subdivision of the state, a
school district,
the board of trustees of a public library or
public university, or
any other body corporate and politic
responsible for governmental
activities only in geographical
areas smaller than that of the
state.
(C) No person, without privilege to do so, shall knowingly
cause serious physical harm to any tomb, monument, gravestone, or
other similar structure that is used as a memorial for the dead;
to any fence, railing, curb, or other property that is used to
protect, enclose, or ornament any cemetery; or
to a cemetery.
(D) No person, without privilege to do so, shall knowingly
cause physical harm to a place of burial by breaking and entering
into a tomb, crypt, casket, or other structure that is used as a
memorial for the dead or as an enclosure for the dead.
(E) Whoever violates this section is guilty of vandalism.
Except as otherwise
provided in this division, vandalism is a
felony of the fifth degree that is punishable by a fine of up to
two thousand five hundred dollars in addition to the penalties
specified for a felony of the fifth degree in
sections 2929.11 to
2929.18 of
the Revised Code. If the value of the property or the
amount of
physical harm involved is five seven thousand five
hundred dollars or more
but less
than one hundred fifty thousand
dollars, vandalism is a felony
of the
fourth degree. If the
value of the property or the amount
of
physical harm involved is
one hundred fifty thousand dollars or more,
vandalism is a felony
of the third degree.
(F) For purposes of this section:
(1) "Cemetery" means any place of burial and includes burial
sites that
contain American
Indian burial objects placed with or
containing American
Indian human remains.
(2) "Serious physical harm" means
physical harm to property
that results in loss to the value of the property of
five
hundred
one thousand
dollars or more.
Sec. 2909.11. (A) When a person is charged with a
violation
of division (A)(1) of section
2909.03 of the
Revised Code
involving property value or an amount of physical harm
of five
hundred
one thousand dollars or more or with a violation of
section
2909.05
of the Revised Code involving property value or
an amount
of physical harm of
five hundred
one thousand
dollars
or more, the jury
or court trying the
accused shall determine the
value of the
property or amount of
physical harm and, if a guilty
verdict is
returned, shall return
the finding as part of the
verdict. In any
such case, it is
unnecessary to find or return
the exact value or
amount of
physical harm, section 2945.75 of
the Revised Code
applies, and it is
sufficient if either of the
following applies,
as appropriate, relative
to the finding and
return of the value or
amount of physical harm:
(1) If the finding and
return relate to a violation of
division (A)(1) of section
2909.03 of the Revised Code and are
that the value or amount of the
physical harm was five
hundred
one thousand
dollars or more, the finding and return
shall
include a
statement that the value or amount was five
hundred
one thousand
dollars
or
more.
(2) If the finding and return relate to a violation of
division
section 2909.05 of the Revised Code and are that the
value or amount of the
physical harm was in any of the following
categories, the finding and return
shall include one of the
following statements, as appropriate:
(a) If the finding and return are that the value or amount
was
one hundred fifty thousand dollars or more, a statement that
the
value
or amount was one hundred fifty thousand dollars or
more;
(b) If the finding and return are that the value or amount
was
five seven thousand five hundred dollars or more but less than
one
hundred
fifty thousand dollars a statement that the value or
amount was five
seven thousand five hundred dollars or more but
less than one hundred fifty thousand
dollars;
(c) If the finding and return are that the value or amount
was five hundred
one thousand dollars or more but less than five
seven
thousand
five hundred dollars, a statement that the value
or
amount was five
hundred
one thousand
dollars or more but
less than five seven thousand
five hundred
dollars.
(B) The following criteria shall be used in determining
the
value of property or amount of physical harm involved in a
violation of division (A)(1) of section
2909.03 or section 2909.05
of the
Revised Code:
(1) If the property is an heirloom, memento, collector's
item, antique, museum piece, manuscript, document, record, or
other thing that is either irreplaceable or is replaceable only
on
the expenditure of substantial time, effort, or money, the
value
of the property or the amount of physical harm involved is
the
amount that would compensate the owner for its loss.
(2) If the property is not covered under division (B)(1)
of
this section and the physical harm is such that the property
can
be restored substantially to its former condition, the amount
of
physical harm involved is the reasonable cost of restoring the
property.
(3) If the property is not covered under division (B)(1)
of
this section and the physical harm is such that the property
cannot be restored substantially to its former condition, the
value of the property, in the case of personal property, is the
cost of replacing the property with new property of like kind and
quality, and, in the case of real property or real property
fixtures, is the difference in the fair market value of the
property immediately before and immediately after the offense.
(C) As used in this section, "fair market value" has the
same
meaning as in section 2913.61 of the Revised Code.
(D) Prima-facie evidence of the value of property, as
provided in division (E) of section 2913.61 of the Revised Code,
may be used to establish the value of property pursuant to this
section.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized
to
give consent;
(2) Beyond the scope of the express or implied consent of
the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise
provided in this division or
division
(B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of
this section is petty theft, a
misdemeanor of the first degree.
If
the value of the property or
services stolen is five hundred
one
thousand dollars or more and is less than
five seven thousand five
hundred dollars or if the
property stolen is any of the
property
listed in section 2913.71
of the Revised Code, a
violation of this
section is theft, a
felony of the fifth
degree. If the value of
the property or
services stolen is five
seven thousand five
hundred dollars or more and is less than
one hundred fifty
thousand
dollars, a violation of this
section is grand
theft, a
felony of the fourth degree. If the value of the
property
or
services stolen is one hundred fifty thousand dollars or
more and
is
less than five seven hundred fifty thousand dollars, a
violation
of this
section is aggravated theft, a felony of
the
third
degree.
If the
value of the property or services is five
seven hundred
fifty thousand
dollars
or more and is less than
one million five hundred thousand dollars, a
violation of this
section is aggravated theft, a felony of the
second degree. If
the
value of the property or services
stolen is
one million five
hundred thousand dollars or
more, a violation of this section
is
aggravated theft of one
million five hundred thousand dollars or
more, a felony of
the
first degree.
(3) Except as otherwise provided in division (B)(4),
(5),
(6), (7), or (8)
of this section, if the victim of the offense is
an elderly
person or
disabled adult, a violation
of this section
is theft
from an elderly person or disabled adult, and
division
(B)(3) of
this section applies. Except as
otherwise provided in
this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred one thousand dollars or more and
is less than
five seven thousand five hundred dollars, theft from
an elderly person or disabled
adult is a felony of the fourth
degree. If the value of the
property or services stolen is five
seven thousand five hundred dollars or more and
is less than
twenty-five thirty-seven thousand five hundred dollars, theft from
an elderly
person or disabled adult is a felony of the third
degree. If the
value of the property or services stolen is
twenty-five thirty-seven thousand
five hundred dollars or more and
is less than one hundred fifty thousand dollars,
theft from an
elderly person or disabled adult is
a felony of the
second degree.
If the value of the property or services stolen is
one hundred
fifty thousand dollars or more, theft from an elderly person
or
disabled adult is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of
the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle,
a violation
of
this section
is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a
violation
of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) In addition to the penalties described in division
(B)(2)
of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court
may
do one of the following:
(a) Unless division (B)(9)(b) of this section applies,
suspend for not more than six months the offender's driver's
license,
probationary driver's license, commercial driver's
license,
temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary
driver's
license, commercial driver's license, temporary
instruction
permit, or nonresident operating privilege has
previously been
suspended pursuant to division (B)(9)(a) of this
section, impose a
class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property
and any
loss of revenue resulting from deprivation of the property
due to
theft of rental services that is less than or equal to the
actual
value of the property at the time it was rented. Evidence of
intent to
commit
theft of rented property or rental services
shall be
determined
pursuant to the provisions of section
2913.72 of the
Revised
Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(9)
of this section may grant the offender limited driving privileges
during
the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2913.03. (A) No person shall knowingly use or
operate
an aircraft, motor vehicle, motorcycle, motorboat, or
other
motor-propelled vehicle without the consent of the owner or
person
authorized to give consent.
(B) No person shall knowingly use or operate an aircraft,
motor vehicle, motorboat, or other motor-propelled vehicle
without
the consent of the owner or person authorized to give
consent, and
either remove it from this state or keep possession
of it for more
than forty-eight hours.
(C) The following are affirmative defenses to a charge
under
this section:
(1) At the time of the alleged offense, the actor, though
mistaken, reasonably believed that the actor was authorized to use
or operate the property.
(2) At the time of the alleged offense, the actor
reasonably
believed that the owner or person empowered to give
consent would
authorize the actor to use or operate the property.
(D)(1) Whoever violates this section is guilty of
unauthorized use of a vehicle.
(2) Except as otherwise provided in division (D)(4) of
this
section, a violation of division (A)
of this section is a
misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4)
of this
section, a violation of division
(B) of this section is a felony
of the fifth degree.
(4) If the victim of the offense is an elderly person or
disabled adult and if the victim incurs a
loss as a result of the
violation, a violation of division (A) or
(B) of this section is
whichever of the following is applicable:
(a) Except as otherwise provided in division
(D)(4)(b), (c),
or (d), or
(e) of this section, a felony of the fifth degree;
(b) If the loss to the victim is five hundred one thousand
dollars
or more and
is less than five seven thousand five hundred
dollars, a felony
of the
fourth degree;
(c) If the loss to the victim is five seven thousand five
hundred dollars or
more
and is less than twenty-five
thirty-seven thousand five hundred dollars, a felony of
the
third degree;
(d) If the loss to the victim is twenty-five thirty-seven
thousand five hundred dollars
or
more, a felony of the second
degree.
Sec. 2913.04. (A) No person shall knowingly use or
operate
the property of another without the consent of the owner
or person
authorized to give consent.
(B) No person, in any manner and by any means, including, but
not limited to, computer hacking, shall knowingly gain access to,
attempt to
gain
access to, or cause access to be gained to any
computer,
computer system, computer network,
cable service, cable
system,
telecommunications
device, telecommunications service, or
information service without the
consent of, or beyond the scope of
the express or implied consent of, the
owner of the computer,
computer system, computer network,
cable service, cable system,
telecommunications device, telecommunications service, or
information
service or other person authorized to give consent.
(C) No person shall knowingly gain access to, attempt to gain
access to, cause access to be granted to, or disseminate
information gained from access to the law enforcement automated
database system created pursuant to section 5503.10 of the Revised
Code without the consent of, or beyond the scope of the express or
implied consent of, the chair of the law enforcement automated
data system steering committee.
(D) The affirmative defenses contained in division (C) of
section 2913.03 of the Revised Code are affirmative defenses to a
charge under this section.
(E)(1) Whoever violates division (A) of this
section is
guilty of unauthorized use of property.
(2) Except as otherwise
provided in division (E)(3) or (4)
of
this
section, unauthorized use of property is a misdemeanor of
the
fourth degree.
(3) Except as otherwise provided in division
(E)(4) of this
section, if unauthorized use of property is
committed for the
purpose of devising or
executing a scheme to defraud or to obtain
property or services, unauthorized
use of property is whichever of
the following is applicable:
(a) Except as otherwise provided in division
(E)(3)(b),
(c),
or (d) of this section, a
misdemeanor of the first degree.
(b) If the value of the property or services or the loss
to
the victim is
five hundred one thousand dollars or more and is
less than
five
seven thousand five hundred dollars, a felony
of
the fifth degree.
(c) If the value of the property or services or the loss
to
the victim is
five seven thousand five hundred dollars or more and
is less than one
hundred fifty thousand dollars, a
felony of the
fourth degree.
(d) If the value of the property or services or the loss
to
the victim is one hundred fifty thousand dollars or more, a felony
of
the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, unauthorized use of property
is whichever of the
following is applicable:
(a) Except as otherwise provided in division
(E)(4)(b), (c),
or
(d) of this section, a felony
of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five hundred one thousand dollars or more and is less
than five
seven thousand five hundred dollars,
a felony of the
fourth degree;
(c) If the value of the property or services or loss to the
victim is five seven thousand five hundred dollars or more and is
less than
twenty-five thirty-seven thousand
five hundred dollars,
a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thirty-seven thousand five hundred dollars
or more,
a felony of the
second degree.
(F)(1) Whoever violates division (B) of this section is
guilty
of unauthorized use of computer, cable, or
telecommunication
property, and shall be punished as provided in
division (F)(2), (3), or (4) of this section.
(2) Except as otherwise provided in division (F)(3) or (4) of
this section, unauthorized use of computer, cable, or
telecommunication property is a
felony of the fifth degree.
(3) Except as otherwise provided in division (F)(4) of this
section, if unauthorized use of computer, cable, or
telecommunication property is committed for the purpose of
devising or executing a scheme to defraud or to obtain property or
services, for obtaining money, property, or services by false or
fraudulent pretenses, or for committing any other criminal
offense, unauthorized use of computer, cable, or telecommunication
property is whichever of the following is applicable:
(a) Except as otherwise provided in division (F)(3)(b) of
this section, if the value of the property or services involved or
the loss to the victim is five seven thousand five hundred dollars
or more and less
than one hundred fifty thousand dollars, a
felony of the fourth degree;
(b) If the value of the property or services involved or the
loss to the victim is one hundred fifty thousand dollars or more,
a
felony of the third degree.
(4)
If the victim of the offense is an elderly person or
disabled adult, unauthorized use of computer, cable, or
telecommunication property is whichever of the following is
applicable:
(a) Except as otherwise provided in division (F)(4)(b), (c),
or (d) of this section, a felony of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five hundred one thousand dollars or more and is less
than five
seven thousand five hundred dollars, a felony of the
fourth degree;
(c) If the value of the property or services or loss to the
victim is five seven thousand five hundred dollars or more and is
less than
twenty-five thirty-seven thousand five hundred
dollars, a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thirty-seven thousand five hundred dollars
or more, a felony of the
second degree.
(G) Whoever violates division (C) of this section is guilty
of unauthorized use of the law enforcement automated database
system, a felony of the fifth degree.
(H) As used in this section:
(1) "Cable operator" means any person or group of persons
that does either of the following:
(a) Provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in
that cable system;
(b) Otherwise controls or is responsible for, through any
arrangement, the management and operation of a cable system.
(2) "Cable service" means any of the following:
(a) The one-way transmission to subscribers of video
programming or of information that a cable operator makes
available to all subscribers generally;
(b) Subscriber interaction, if any, that is required for
the
selection or use of video programming or of information that a
cable operator makes available to all subscribers generally, both
as described in division (H)(2)(a) of this section;
(c) Any cable television service.
(3) "Cable system" means any facility, consisting of a set
of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service that includes video programming and that is provided to
multiple subscribers within a community. "Cable system" does not
include any of the following:
(a) Any facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(b) Any facility that serves subscribers without using any
public right-of-way;
(c) Any facility of a common carrier that, under 47
U.S.C.A.
522(7)(c), is excluded from the term "cable system" as
defined in
47 U.S.C.A. 522(7);
(d) Any open video system that complies with 47 U.S.C.A.
573;
(e) Any facility of any electric utility used solely for
operating its electric utility system.
Sec. 2913.11. (A) As used in this section:
(1) "Check" includes any form of debit from a demand deposit
account, including, but not limited to any of the following:
(a) A check, bill of exchange, draft, order of withdrawal, or
similar negotiable or non-negotiable instrument;
(b) An electronic check, electronic transaction, debit card
transaction, check card transaction, substitute check, web check,
or any form of automated clearing house transaction.
(2) "Issue a check" means causing any form of debit from a
demand deposit account.
(B) No person, with purpose to defraud,
shall issue or
transfer or cause to be issued or transferred a
check or other
negotiable instrument, knowing that it will be
dishonored or
knowing that a person has ordered or will order stop payment on
the check or other negotiable instrument.
(C) For purposes of this section, a person who issues or
transfers a check or other negotiable instrument is presumed to
know that it will be dishonored if either of the following
occurs:
(1) The drawer had no account with the drawee at the time
of
issue or the stated date, whichever is later;
(2) The check or other negotiable instrument was properly
refused payment for insufficient funds upon presentment within
thirty days after issue or the stated date, whichever is later,
and the liability of the drawer, indorser, or any party who may
be
liable thereon is not discharged by payment or satisfaction
within
ten days after receiving notice of dishonor.
(D) For purposes of this section, a person who issues or
transfers a check, bill of exchange, or other draft is presumed
to
have the purpose to defraud if the drawer fails to comply
with
section 1349.16 of the Revised Code by doing any of the
following
when opening a checking account intended for personal,
family, or
household purposes at a financial institution:
(1) Falsely stating that the drawer has not been issued a
valid
driver's or commercial driver's license or identification
card
issued under section 4507.50 of the Revised Code;
(2) Furnishing such license or card, or another
identification document that contains false information;
(3) Making a false statement with respect to the drawer's
current
address or any additional relevant information reasonably
required by the financial institution.
(E) In determining the value of the payment for purposes of
division (F) of this section, the court may aggregate all checks
and other negotiable instruments that the offender issued or
transferred or caused to be issued or transferred in violation of
division (A) of this section within a period of one hundred eighty
consecutive days.
(F) Whoever violates this section is guilty of passing bad
checks. Except as otherwise provided
in this division, passing bad
checks is
a misdemeanor of the first degree. If the check or
checks or other
negotiable instrument or instruments are issued or
transferred to a single vendor or single other person for the
payment of five hundred one thousand dollars or
more but less than
five seven
thousand five hundred dollars or if the check or
checks or other
negotiable
instrument or instruments are issued
or transferred to
multiple
vendors or persons for the payment
of one thousand five
hundred
dollars or more
but less than five
seven thousand five hundred dollars,
passing bad
checks is a
felony of the fifth degree.
If the check
or checks or
other
negotiable instrument or instruments are for
the payment of
five
seven thousand five hundred dollars or more but less than one
hundred
fifty thousand
dollars, passing bad checks is a felony of
the
fourth degree. If
the
check or checks or other negotiable
instrument or instruments
are for the payment of one hundred
fifty thousand dollars or more,
passing bad checks is a felony of
the
third degree.
Sec. 2913.21. (A) No person shall do any of the
following:
(1) Practice deception for the purpose of procuring the
issuance of a credit card, when a credit card is issued in actual
reliance thereon;
(2) Knowingly buy or sell a credit card from or to a
person
other than the issuer.
(B) No person, with purpose to defraud, shall do any of
the
following:
(1) Obtain control over a credit card as security for a
debt;
(2) Obtain property or services by the use of a credit
card,
in one or more transactions, knowing or having reasonable
cause to
believe that the card has expired or been revoked, or
was
obtained, is retained, or is being used in violation of law;
(3) Furnish property or services upon presentation of a
credit card, knowing that the card is being used in violation of
law;
(4) Represent or cause to be represented to the issuer of
a
credit card that property or services have been furnished,
knowing
that the representation is false.
(C) No person, with purpose to violate this section, shall
receive, possess, control, or dispose of a credit card.
(D)(1) Whoever violates this section is guilty of misuse
of
credit cards.
(2) Except as otherwise provided in division (D)(4) of
this
section, a violation of division (A), (B)(1), or (C) of this
section is a misdemeanor of the first degree.
(3) Except as otherwise provided in this division or division
(D)(4) of this section, a violation of division
(B)(2), (3), or
(4) of this section is a misdemeanor of the first degree. If
the
cumulative retail value of the property and services involved in
one or
more
violations of division (B)(2), (3), or (4) of this
section, which
violations involve one or more credit card accounts
and occur
within a period of ninety consecutive days commencing on
the date
of the first violation, is five hundred one thousand
dollars or
more and is
less than five seven thousand five hundred
dollars, misuse of
credit
cards in violation of any of those
divisions is a felony of
the
fifth degree. If the cumulative
retail
value of the property
and
services involved in one or
more
violations of division
(B)(2),
(3), or (4) of this
section, which
violations involve one
or more
credit card
accounts and occur
within a period of ninety
consecutive days
commencing on the date
of the first violation, is
five seven
thousand five hundred dollars or more and is
less than one hundred
fifty
thousand dollars,
misuse of credit cards in violation of
any of
those divisions is a
felony of the fourth degree. If the
cumulative retail value of the property and services involved in
one or more violations of division (B)(2), (3), or (4) of this
section, which violations involve one or more credit card
accounts
and occur within a period of ninety consecutive days
commencing on
the date of the first violation, is one hundred
fifty thousand
dollars
or more, misuse of credit cards in violation
of any of
those
divisions is a felony
of the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, and if the offense involves
a violation of
division (B)(1) or (2) of this section, division
(D)(4) of this
section applies. Except as otherwise provided in
division (D)(4)
of this section, a violation of division
(B)(1) or (2) of this
section is a felony of the fifth degree. If
the debt for which the
card is held as security or the cumulative retail value
of the
property or services involved in the violation is five
hundred
one thousand dollars
or more and is less than five seven thousand
five hundred dollars,
a
violation of either of those
divisions
is a felony of
the
fourth
degree. If the debt for which the
card is
held as
security
or the
cumulative retail value of the
property or
services
involved in
the violation is five seven
thousand five hundred dollars or
more and is
less than
twenty-five thirty-seven thousand five hundred dollars, a
violation
of either of
those
divisions is a
felony of the
third degree.
If
the debt for
which
the card is held as
security or the
cumulative retail value
of the
property or
services involved
in
the violation is
twenty-five
thirty-seven
thousand five hundred dollars or more,
a
violation of either of
those divisions
is a felony
of the second
degree.
Sec. 2913.31. (A) No person, with purpose to defraud, or
knowing that the person is facilitating a fraud, shall do any of
the
following:
(1) Forge any writing of another without the other person's
authority;
(2) Forge any writing so that it purports to be genuine
when
it actually is spurious, or to be the act of another who did
not
authorize that act, or to have been executed at a time or
place or
with terms different from what in fact was the case, or
to be a
copy of an original when no such original existed;
(3) Utter, or possess with purpose to utter, any writing
that
the person knows to have been forged.
(B) No person shall knowingly do either of the following:
(1) Forge an identification card;
(2) Sell or otherwise distribute a card that purports to
be
an identification card, knowing it to have been forged.
As used in this division, "identification card" means a
card
that includes personal information or characteristics of an
individual, a purpose of which is to establish the identity of
the
bearer described on the card, whether the words "identity,"
"identification," "identification card," or other similar words
appear on the card.
(C)(1)(a) Whoever violates division (A) of this section is
guilty of forgery.
(b) Except as otherwise provided in this
division or division
(C)(1)(c) of this
section, forgery is a felony of the fifth
degree.
If property or services are involved in the offense or
the victim suffers a
loss, forgery is one of the following:
(i) If the value of the property or services or the loss to
the victim is
five
seven thousand five hundred dollars or more and
is less than one
hundred fifty thousand dollars,
a felony of the
fourth degree;
(ii) If the value of the property or
services or
the loss to
the victim is one hundred fifty thousand dollars or more,
a felony
of
the third degree.
(c) If the victim of the offense is an elderly person or
disabled adult, division (C)(1)(c) of this section
applies to the
forgery. Except as
otherwise provided in division (C)(1)(c) of
this
section, forgery is a felony of the fifth
degree. If property
or services are involved in the offense or if the
victim suffers a
loss, forgery is one of the following:
(i) If the value of the property or services or the
loss to
the victim is five hundred one thousand dollars or more and is
less
than five seven thousand five hundred dollars, a felony of
the fourth
degree;
(ii) If
the value of the property or
services or the loss to
the victim is five seven thousand five hundred dollars or
more and
is less than
twenty-five thirty-seven thousand five hundred
dollars, a
felony of the third degree;
(iii) If the value of
the property or services or the loss to
the victim is twenty-five
thirty-seven thousand five hundred
dollars or more, a felony of
the second degree.
(2) Whoever violates division (B) of this section is
guilty
of forging identification cards or selling or distributing
forged
identification cards. Except as otherwise provided
in this
division, forging identification cards or selling or distributing
forged identification cards is a misdemeanor of the first degree.
If the offender previously has been convicted of a violation of
division (B) of this section, forging identification
cards or
selling or
distributing forged identification cards is a
misdemeanor of the
first degree and, in addition, the court shall
impose upon the
offender a fine of not less than two hundred fifty
dollars.
Sec. 2913.32. (A) No person, with purpose to defraud, or
knowing that
the person is facilitating a fraud, shall do any of
the following:
(1) Make or alter any object so that it appears to have value
because of
antiquity, rarity, curiosity, source, or authorship,
which it does not in
fact possess;
(2) Practice deception in making, retouching, editing, or
reproducing any
photograph, movie film, video tape, phonograph
record, or recording tape;
(3) Falsely or fraudulently make, simulate, forge, alter, or
counterfeit any
wrapper, label, stamp, cork, or cap prescribed by
the liquor control
commission under Chapters 4301. and 4303. of
the Revised Code,
falsely or fraudulently cause to be made,
simulated, forged,
altered, or
counterfeited any wrapper, label,
stamp, cork, or cap prescribed
by the liquor
control commission
under Chapters 4301. and 4303. of the
Revised Code, or use more
than once any
wrapper, label,
stamp, cork, or cap prescribed by
the liquor control commission
under Chapters 4301. and 4303. of
the Revised Code.
(4) Utter, or possess with purpose to utter, any object
that
the person knows to have been simulated as provided in division
(A)(1),
(2), or (3) of this section.
(B) Whoever violates this section is guilty of criminal
simulation. Except as otherwise provided in this division,
criminal simulation is a misdemeanor of the first degree. If the
loss to the
victim is five hundred one thousand dollars or more
and is
less than five seven thousand five hundred dollars,
criminal simulation is a
felony
of the fifth degree. If the
loss to the
victim
is five seven
thousand
five hundred dollars
or
more and is less than one hundred fifty thousand
dollars,
criminal simulation is
a felony of the fourth degree. If
the
loss
to the victim is one hundred
fifty thousand
dollars or more,
criminal
simulation is a felony of the third degree.
Sec. 2913.34. (A) No person shall knowingly do any
of the
following:
(1) Attach, affix, or otherwise use a counterfeit mark in
connection
with the manufacture of goods or services, whether or
not the goods or
services
are intended for sale or resale;
(2) Possess, sell, or offer for sale tools, machines,
instruments,
materials, articles, or other items of personal
property with the knowledge
that they are designed for the
production or reproduction of counterfeit
marks;
(3) Purchase or otherwise acquire goods, and keep or
otherwise have the
goods in the person's possession, with the
knowledge that a counterfeit mark
is attached to, affixed to, or
otherwise used in connection with the goods and
with the intent to
sell or otherwise dispose of the goods;
(4) Sell, offer for sale, or otherwise dispose of goods with
the
knowledge that a counterfeit mark is attached to, affixed to,
or otherwise
used in connection with the goods;
(5) Sell, offer for sale, or otherwise provide services with
the
knowledge that a counterfeit mark is used in connection with
that sale,
offer for sale, or other provision of the services.
(B)(1) Whoever violates this section is guilty of trademark
counterfeiting.
(2) Except as otherwise provided in this division, a
violation of
division (A)(1) of this section is a felony of
the
fifth degree. Except as otherwise provided in this division, if
the
cumulative sales price of the goods or services to which or in
connection with
which the counterfeit mark is attached, affixed,
or otherwise used in the
offense is five thousand dollars or more
but less than one hundred thousand
dollars or if the number of
units of goods to which or in
connection with which the
counterfeit mark is attached, affixed, or otherwise
used in the
offense is more than one hundred units but less than one thousand
units, a violation of division (A)(1) of this
section is a felony
of the fourth degree. If the cumulative sales price of
the goods
or services to which or in connection with which the counterfeit
mark is attached, affixed, or otherwise used in the offense is one
hundred
thousand dollars or more or if the number of units of
goods to which or in
connection with which the counterfeit mark is
attached, affixed, or otherwise
used in the offense is one
thousand units or more, a violation of division
(A)(1) of this
section is a felony of the third degree.
(3) Except as otherwise provided in this division, a
violation of
division (A)(2) of this section is a
misdemeanor of
the first degree. If the circumstances of the violation
indicate
that the tools, machines, instruments, materials, articles, or
other
items of personal property involved in the violation were
intended for use in
the commission of a felony, a violation of
division (A)(2) of this
section is a felony of the fifth degree.
(4) Except as otherwise provided in this division, a
violation of division
(A)(3), (4), or (5) of this section is a
misdemeanor of the first
degree. Except as otherwise provided in
this division, if the cumulative sales price of the goods or
services to which
or in connection with which the counterfeit mark
is attached, affixed, or
otherwise used in the offense is five
hundred one thousand dollars or more but less than
five seven
thousand
five hundred dollars, a
violation of division
(A)(3),
(4), or (5) of this
section is a
felony of the fifth degree.
Except
as otherwise
provided in this
division, if the
cumulative sales price of the
goods or services
to which or in
connection with which the
counterfeit mark is
attached, affixed,
or otherwise used in the
offense is five
seven thousand five
hundred dollars
or more but less than one
hundred fifty thousand
dollars or if the number of units
of goods to
which or in
connection with which the counterfeit mark is
attached, affixed,
or otherwise used in the offense is more than
one hundred
units
but less than one thousand units,
a violation
of division
(A)(3),
(4), or (5) of this
section is a felony of
the fourth
degree. If
the cumulative sales price of the goods or
services
to which or in
connection with which the counterfeit mark
is
attached, affixed,
or otherwise
used in the offense is one
hundred fifty
thousand dollars
or more or if the number of units
of
goods to which or in
connection with which the counterfeit
mark is
attached, affixed,
or otherwise
used in the offense is
one
thousand units or more, a
violation of division
(A)(3),
(4), or
(5) of this section is a
felony of the third degree.
(C) A defendant may assert as an
affirmative defense to a
charge of a violation of this section defenses,
affirmative
defenses, and limitations on remedies that would be available in a
civil, criminal, or administrative action or proceeding under the
"Lanham
Act," 60 Stat. 427-443 (1946), 15 U.S.C.
1051-1127, as
amended, "The Trademark Counterfeiting
Act of 1984," 98 Stat.
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or
another section
of the
Revised Code, or common law.
(D)(1) Law enforcement officers may seize pursuant to
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code
either of the following:
(a) Goods to which or in connection with which a person
attached,
affixed, otherwise used, or intended to attach, affix,
or otherwise use a
counterfeit mark in violation of this section;
(b) Tools, machines, instruments, materials, articles,
vehicles,
or other items of personal property that are possessed,
sold, offered for
sale, or used in a violation of this section or
in an attempt to commit or
complicity in the commission of a
violation of this section.
(2) Notwithstanding any contrary provision of Chapter 2981.
of the Revised Code, if a person is convicted of or pleads
guilty
to a violation of this section, an attempt to violate this
section, or
complicity in a violation of this section, the court
involved shall declare
that the goods described in division
(D)(1)(a) of this section and the
personal property described in
division (D)(1)(b) of this section
are contraband and are
forfeited. Prior to the court's entry of judgment
under Criminal
Rule
32, the owner of a registered trademark or service mark that
is the subject of
the counterfeit mark may recommend a manner in
which
the forfeited goods and forfeited personal property should
be disposed of. If
that owner makes a timely recommendation of a
manner of disposition, the court
is not bound by the
recommendation. If
that owner makes a timely recommendation of a
manner of disposition, the court
may include in its entry of
judgment an order that requires appropriate
persons to dispose of
the forfeited goods and forfeited personal property in
the
recommended manner. If that owner fails to make a timely
recommendation
of a manner of disposition or if that owner makes a
timely recommendation of
the manner of disposition but the court
determines to not follow the
recommendation, the court shall
include in its entry of judgment an order that
requires the law
enforcement agency that employs the law enforcement officer
who
seized the forfeited goods or the forfeited personal property to
destroy
them or cause their destruction.
(E) This section does not affect the
rights of an owner of a
trademark or a service mark, or the enforcement in a
civil action
or in administrative proceedings of the rights of an owner of a
trademark or a service mark, under the "Lanham
Act," 60 Stat.
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as
amended,
Chapter 1329. or another section of the Revised Code, or
common law.
(F) As used in this section:
(1)(a) Except as provided in division (F)(1)(b) of this
section, "counterfeit
mark" means a spurious trademark or a
spurious service mark that satisfies
both of the following:
(i) It is identical with or substantially indistinguishable
from
a mark that is registered on the principal register in the
United
States patent and trademark office for the same goods or
services as the goods or services to which or in connection with
which the
spurious trademark or spurious service mark is attached,
affixed, or otherwise
used or from a mark
that is registered with
the secretary of state pursuant to
sections 1329.54 to 1329.67 of
the Revised
Code for the same goods or services as the goods or
services
to which or in connection with which the spurious
trademark or spurious
service mark is attached, affixed, or
otherwise used, and the owner of the
registration uses
the
registered mark, whether or not the offender knows that the mark
is
registered in a manner described in division (F)(1)(a)(i) of
this section.
(ii) Its use is likely to cause confusion or mistake or to
deceive other persons.
(b) "Counterfeit mark" does not include a mark or other
designation that is attached to, affixed to, or otherwise used in
connection
with goods or services if the holder of the right to
use the mark or
other designation authorizes the manufacturer,
producer, or vendor of those
goods or services to attach, affix,
or otherwise use the mark or other
designation in connection with
those goods or services at the time of their
manufacture,
production, or sale.
(2) "Cumulative sales price" means the product of the lowest
single unit
sales price charged or sought to be charged by an
offender for goods to which
or in connection with which a
counterfeit mark is attached, affixed, or
otherwise used or of the
lowest single service transaction price charged or
sought to be
charged by an offender for services in connection with which a
counterfeit mark is used, multiplied by the total number of those
goods
or services, whether or not units of goods are sold or are
in an offender's
possession, custody, or control.
(3) "Registered trademark or service mark" means a trademark
or service
mark that is registered in a manner described in
division (F)(1) of this
section.
(4) "Trademark" and "service mark" have the same meanings as
in section
1329.54 of the Revised Code.
Sec. 2913.40. (A) As used in this section:
(1)
"Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medical assistance program or
that states income and expense and is or may be used to determine
a rate of reimbursement under the medical assistance program.
(2)
"Medical assistance program" means the program
established by the department of job and family services
to
provide
medical assistance under section 5111.01 of the Revised
Code and
the medicaid program of Title XIX of the
"Social Security
Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(3)
"Provider" means any person who has signed a provider
agreement with the department of job and family services
to
provide goods
or services pursuant to the medical assistance
program or any
person who has signed an agreement with a party to
such a
provider agreement under which the person agrees to provide
goods
or services that are reimbursable under the medical
assistance
program.
(4)
"Provider agreement" means an oral or written
agreement
between the department of job and family
services and a person
in
which the person agrees to provide goods or services under the
medical assistance program.
(5)
"Recipient" means any individual who receives goods or
services from a provider under the medical assistance program.
(6)
"Records" means any medical, professional, financial,
or
business records relating to the treatment or care of any
recipient, to goods or services provided to any recipient, or to
rates paid for goods or services provided to any recipient and
any
records that are required by the rules of the
director of job and
family services to be kept for
the medical
assistance program.
(B) No person shall knowingly make or cause to be made a
false or misleading statement or representation for use in
obtaining reimbursement from the medical assistance program.
(C) No person, with purpose to commit fraud or knowing
that
the person is facilitating a fraud, shall do either of the
following:
(1) Contrary to the terms of the person's provider
agreement,
charge, solicit, accept, or receive for goods or
services that the
person
provides under the medical assistance
program any property,
money, or other consideration in addition to
the amount of
reimbursement under the medical assistance program
and the
person's
provider agreement for the goods or services and
any
cost-sharing expenses authorized by
section
5111.0112 of
the
Revised Code
or rules
adopted
pursuant to
section 5111.01,
5111.011, or 5111.02 of the Revised Code.
(2) Solicit, offer, or receive any remuneration, other
than
any cost-sharing expenses authorized by
section 5111.0112 of the
Revised Code or
rules adopted under
section
5111.01, 5111.011, or
5111.02 of
the Revised Code,
in cash
or in kind, including,
but
not
limited to, a
kickback or
rebate,
in connection with the
furnishing of goods or
services for
which
whole or partial
reimbursement is or may be
made under the
medical
assistance
program.
(D) No person, having submitted a claim for or provided
goods
or services under the medical assistance program, shall do
either
of the following for a period of at least six years after
a
reimbursement pursuant to that claim, or a reimbursement for
those
goods or services, is received under the medical assistance
program:
(1) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to fully disclose the nature of
all
goods or services for which the claim was submitted, or for
which
reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to disclose fully all income and
expenditures upon which rates of reimbursements were based for
the
person.
(E) Whoever violates this section is guilty of medicaid
fraud. Except as otherwise provided in this division,
medicaid
fraud is a
misdemeanor of the first degree. If the value of
property, services, or funds
obtained in violation of this section
is five hundred one thousand dollars or more and is
less than five
seven
thousand
five hundred dollars, medicaid fraud is a felony
of the fifth
degree.
If the
value of property, services, or
funds obtained in violation
of
this section is five seven
thousand five hundred dollars or more and is less than
one
hundred
fifty thousand dollars, medicaid fraud is
a felony of the
fourth
degree. If the value of the
property, services, or funds
obtained
in violation of this
section is one hundred fifty
thousand
dollars or
more, medicaid fraud is
a
felony of the
third degree.
(F) Upon application of the governmental agency, office,
or
other entity that conducted the investigation and prosecution
in a
case under this section, the court shall order any person
who is
convicted of a violation of this section for receiving any
reimbursement for furnishing goods or services under the medical
assistance program to which the person is not entitled to
pay to
the
applicant its cost of investigating and prosecuting the case.
The costs of investigation and prosecution that a defendant is
ordered to pay pursuant to this division shall be in addition to
any other penalties for the receipt of that reimbursement that
are
provided in this section, section 5111.03 of the Revised
Code, or
any other provision of law.
(G) The provisions of this section are not intended to be
exclusive remedies and do not preclude the use of any other
criminal or civil remedy for any act that is in violation of this
section.
Sec. 2913.401. (A) As used in this section:
(1) "Medicaid benefits" means benefits under the medical
assistance program established under Chapter 5111. of the Revised
Code.
(2) "Property" means any real or personal property or other
asset in which a person has any legal title or interest.
(B) No person shall knowingly do any of the following in an
application for medicaid benefits or in a document that requires a
disclosure of assets for the purpose of determining eligibility to
receive medicaid benefits:
(1) Make or cause to be made a false or misleading statement;
(2) Conceal an interest in property;
(3)(a) Except as provided in division (B)(3)(b) of this
section, fail to disclose a transfer of property that occurred
during the period beginning thirty-six months before submission of
the application or document and ending on the date the application
or document was submitted;
(b) Fail to disclose a transfer of property that occurred
during the period beginning sixty months before submission of the
application or document and ending on the date the application or
document was submitted and that was made to an irrevocable trust a
portion of which is not distributable to the applicant for
medicaid benefits or the recipient of medicaid benefits or to a
revocable trust.
(C)(1) Whoever violates this section is guilty of medicaid
eligibility fraud. Except as otherwise provided in this division,
a violation of this section is a misdemeanor of the first degree.
If the value of the medicaid benefits paid as a result of the
violation is five hundred one thousand dollars or more and is less
than
five seven thousand five hundred dollars, a violation of
this section is a
felony of
the fifth degree. If the value of
the medicaid benefits
paid as a
result of the violation is five
seven thousand five hundred dollars or
more and is
less than one
hundred fifty thousand dollars, a violation
of this
section is
a felony of the fourth degree. If the value of
the
medicaid
benefits paid as a result of the violation is one
hundred fifty
thousand dollars or more, a violation of this section is
a
felony
of the third degree.
(2) In addition to imposing a sentence under division (C)(1)
of this section, the court shall order that a person who is guilty
of medicaid eligibility fraud make restitution in the full amount
of any medicaid benefits paid on behalf of an applicant for or
recipient of medicaid benefits for which the applicant or
recipient was not eligible, plus interest at the rate applicable
to judgments on unreimbursed amounts from the date on which the
benefits were paid to the date on which restitution is made.
(3) The remedies and penalties provided in this section are
not exclusive and do not preclude the use of any other criminal or
civil remedy for any act that is in violation of this section.
(D) This section does not apply to a person who fully
disclosed in an application for medicaid benefits or in a document
that requires a disclosure of assets for the purpose of
determining eligibility to receive medicaid benefits all of the
interests in property of the applicant for or recipient of
medicaid benefits, all transfers of property by the applicant for
or recipient of medicaid benefits, and the circumstances of all
those transfers.
(E) Any amounts of medicaid benefits recovered as restitution
under this section and any interest on those amounts shall be
credited to the general revenue fund, and any applicable federal
share shall be returned to the appropriate agency or department of
the United States.
Sec. 2913.42. (A) No person, knowing the person has no
privilege
to do so, and with purpose to defraud or knowing that
the person is
facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or
mutilate any writing, computer software, data,
or record;
(2) Utter any writing or record, knowing it to have been
tampered with as provided in division (A)(1) of this section.
(B)(1) Whoever violates this section is guilty of tampering
with records.
(2) Except as provided in division (B)(4) of this
section, if
the offense does not involve data or computer
software, tampering
with records is
whichever of the following is applicable:
(a) If division (B)(2)(b) of this section does not apply, a
misdemeanor of
the first degree;
(b) If the writing or record is a will unrevoked at the
time
of the offense, a felony of the fifth degree.
(3) Except as provided in division (B)(4) of this
section, if
the offense involves a violation of division (A) of
this section
involving data or computer software, tampering with
records is
whichever of the following is
applicable:
(a) Except as otherwise provided in division (B)(3)(b), (c),
or (d) of this
section, a misdemeanor of the first degree;
(b) If the value of the data or computer software involved in
the
offense
or the loss to the victim is five hundred one
thousand
dollars or more and is less than
five seven thousand
five hundred dollars,
a felony
of the fifth degree;
(c) If the value of the data or computer software involved in
the
offense or the loss to the
victim is five seven thousand five
hundred dollars or
more and is less than one hundred fifty
thousand
dollars, a felony of
the fourth degree;
(d) If the value of the data or computer software involved in
the
offense or
the loss to the victim is one hundred fifty
thousand
dollars or more or if the
offense is committed for the
purpose of
devising or executing a scheme to defraud or to obtain
property
or
services and the value of the property or services
or the loss
to
the victim is five seven thousand five hundred
dollars or more, a felony
of the third
degree.
(4) If the writing, data, computer software, or
record is
kept by or belongs to a local, state, or federal governmental
entity, a felony of the third degree.
Sec. 2913.421. (A) As used in this section:
(1) "Computer," "computer network," and "computer system"
have the same meanings as in section 2913.01 of the Revised Code.
(2) "Commercial electronic mail message" means any electronic
mail message the primary purpose of which is the commercial
advertisement or promotion of a commercial product or service,
including content on an internet web site operated for a
commercial purpose, but does not include a transactional or
relationship message. The inclusion of a reference to a commercial
entity or a link to the web site of a commercial entity does not,
by itself, cause that message to be treated as a commercial
electronic mail message for the purpose of this section, if the
contents or circumstances of the message indicate a primary
purpose other than commercial advertisement or promotion of a
commercial product or service.
(3) "Domain name" means any alphanumeric designation that is
registered with or assigned by any domain name registrar, domain
name registry, or other domain name registration authority as part
of an electronic address on the internet.
(4) "Electronic mail," "originating address," and "receiving
address" have the same meanings as in section 2307.64 of the
Revised Code.
(5) "Electronic mail message" means each electronic mail
addressed to a discrete addressee.
(6) "Electronic mail service provider" means any person,
including an internet service provider, that is an intermediary in
sending and receiving electronic mail and that provides to the
public electronic mail accounts or online user accounts from which
electronic mail may be sent.
(7) "Header information" means the source, destination, and
routing information attached to an electronic mail message,
including the originating domain name, the originating address,
and technical information that authenticates the sender of an
electronic mail message for computer network security or computer
network management purposes.
(8)
"Initiate the transmission" or "initiated" means to
originate or transmit a commercial electronic mail message or to
procure the origination or transmission of that message,
regardless of whether the message reaches its intended recipients,
but does not include actions that constitute routine conveyance of
such message.
(9) "Internet" has the same meaning as in section 341.42 of
the Revised Code.
(10) "Internet protocol address" means the string of numbers
by which locations on the internet are identified by routers or
other computers connected to the internet.
(11) "Materially falsify" means to alter or conceal in a
manner that would impair the ability of a recipient of an
electronic mail message, an electronic mail service provider
processing an electronic mail message on behalf of a recipient, a
person alleging a violation of this section, or a law enforcement
agency to identify, locate, or respond to the person that
initiated the electronic mail message or to investigate an alleged
violation of this section.
(12) "Multiple" means more than ten commercial electronic
mail messages during a twenty-four-hour period, more than one
hundred commercial electronic mail messages during a thirty-day
period, or more than one thousand commercial electronic mail
messages during a one-year period.
(13) "Recipient" means a person who receives a commercial
electronic mail message at any one of the following receiving
addresses:
(a) A receiving address furnished by an electronic mail
service provider that bills for furnishing and maintaining that
receiving address to a mailing address within this state;
(b) A receiving address ordinarily accessed from a computer
located within this state or by a person domiciled within this
state;
(c) Any other receiving address with respect to which this
section can be imposed consistent with the United States
Constitution.
(14) "Routine conveyance" means the transmission, routing,
relaying, handling, or storing, through an automated technical
process, of an electronic mail message for which another person
has identified the recipients or provided the recipient addresses.
(15) "Transactional or relationship message" means an
electronic mail message the primary purpose of which is to do any
of the following:
(a) Facilitate, complete, or confirm a commercial transaction
that the recipient has previously agreed to enter into with the
sender;
(b) Provide warranty information, product recall information,
or safety or security information with respect to a commercial
product or service used or purchased by the recipient;
(c) Provide notification concerning a change in the terms or
features of; a change in the recipient's standing or status with
respect to; or, at regular periodic intervals, account balance
information or other type of account statement with respect to, a
subscription, membership, account, loan, or comparable ongoing
commercial relationship involving the ongoing purchase or use by
the recipient of products or services offered by the sender;
(d) Provide information directly related to an employment
relationship or related benefit plan in which the recipient is
currently involved, participating, or enrolled;
(e) Deliver goods or services, including product updates or
upgrades, that the recipient is entitled to receive under the
terms of a transaction that the recipient has previously agreed to
enter into with the sender.
(B) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall do any of
the following:
(1) Knowingly use a computer to relay or retransmit multiple
commercial electronic mail messages, with the intent to deceive or
mislead recipients or any electronic mail service provider, as to
the origin of those messages;
(2) Knowingly and materially falsify header information in
multiple commercial electronic mail messages and purposely
initiate the transmission of those messages;
(3) Knowingly register, using information that materially
falsifies the identity of the actual registrant, for five or more
electronic mail accounts or online user accounts or two or more
domain names and purposely initiate the transmission of multiple
commercial electronic mail messages from one, or any combination,
of those accounts or domain names;
(4) Knowingly falsely represent the right to use five or more
internet protocol addresses, and purposely initiate the
transmission of multiple commercial electronic mail messages from
those addresses.
(C)(1) Whoever violates division (B) of this section is
guilty of illegally transmitting multiple commercial electronic
mail messages. Except as otherwise provided in division (C)(2) or
(E) of this section, illegally transmitting multiple commercial
electronic mail messages is a felony of the fifth degree.
(2) Illegally transmitting multiple commercial electronic
mail messages is a felony of the fourth degree if any of the
following apply:
(a) Regarding a violation of division (B)(3) of this section,
the offender, using information that materially falsifies the
identity of the actual registrant, knowingly registers for twenty
or more electronic mail accounts or online user accounts or ten or
more domain names, and purposely initiates, or conspires to
initiate, the transmission of multiple commercial electronic mail
messages from the accounts or domain names.
(b) Regarding any violation of division (B) of this section,
the volume of commercial electronic mail messages the offender
transmitted in committing the violation exceeds two hundred and
fifty during any twenty-four-hour period, two thousand five
hundred during any thirty-day period, or twenty-five thousand
during any one-year period.
(c) Regarding any violation of division (B) of this section,
during any one-year period the aggregate loss to the victim or
victims of the violation is five hundred one thousand dollars or
more, or
during any one-year period the aggregate value of the
property or
services obtained by any offender as a result of the
violation is
five hundred one thousand dollars or more.
(d) Regarding any violation of division (B) of this section,
the offender committed the violation with three or more other
persons with respect to whom the offender was the organizer or
leader of the activity that resulted in the violation.
(e) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses to which the
commercial electronic mail message was transmitted, if that
offender knew that the electronic mail addresses of the recipients
were obtained using an automated means from an internet web site
or proprietary online service operated by another person, and that
web site or online service included, at the time the electronic
mail addresses were obtained, a notice stating that the operator
of that web site or online service will not transfer addresses
maintained by that web site or online service to any other party
for the purposes of initiating the transmission of, or enabling
others to initiate the transmission of, electronic mail messages.
(f) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses of the
recipients obtained using an automated means that generates
possible electronic mail addresses by combining names, letters, or
numbers into numerous permutations.
(D)(1) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall knowingly
access a computer without authorization and purposely initiate the
transmission of multiple commercial electronic mail messages from
or through the computer.
(2) Except as otherwise provided in division (E) of this
section, whoever violates division (D)(1) of this section is
guilty of unauthorized access of a computer, a felony of the
fourth degree.
(E) Illegally transmitting multiple commercial electronic
mail messages and unauthorized access of a computer in violation
of this section are felonies of the third degree if the offender
previously has been convicted of a violation of this section, or a
violation of a law of another state or the United States regarding
the transmission of electronic mail messages or unauthorized
access to a computer, or if the offender committed the violation
of this section in the furtherance of a felony.
(F)(1) The attorney general or an electronic mail service
provider that is injured by a violation of this section may bring
a civil action in an appropriate court of common pleas of this
state seeking relief from any person whose conduct violated this
section. The civil action may be commenced at any time within one
year of the date after the act that is the basis of the civil
action.
(2) In a civil action brought by the attorney general
pursuant to division (F)(1) of this section for a violation of
this section, the court may award temporary, preliminary, or
permanent injunctive relief. The court also may impose a civil
penalty against the offender, as the court considers just, in an
amount that is the lesser of: (a) twenty-five thousand dollars for
each day a violation occurs, or (b) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(3) In a civil action brought by an electronic mail service
provider pursuant to division (F)(1) of this section for a
violation of this section, the court may award temporary,
preliminary, or permanent injunctive relief, and also may award
damages in an amount equal to the greater of the following:
(a) The sum of the actual damages incurred by the electronic
mail service provider as a result of a violation of this section,
plus any receipts of the offender that are attributable to a
violation of this section and that were not taken into account in
computing actual damages;
(b) Statutory damages, as the court considers just, in an
amount that is the lesser of: (i) twenty-five thousand dollars for
each day a violation occurs, or (ii) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(4) In assessing damages awarded under division (F)(3) of
this section, the court may consider whether the offender has
established and implemented, with due care, commercially
reasonable practices and procedures designed to effectively
prevent the violation, or the violation occurred despite
commercially reasonable efforts to maintain the practices and
procedures established.
(G) Any equipment, software, or other technology of a person
who violates this section that is used or intended to be used in
the commission of a violation of this section, and any real or
personal property that constitutes or is traceable to the gross
proceeds obtained from the commission of a violation of this
section, is contraband and is subject to seizure and forfeiture
pursuant to Chapter 2981. of the Revised Code.
(H) The attorney general may bring a civil action, pursuant
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the
state in a district court of the United States that has
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the
attorney general shall not bring a civil action under both this
division and division (F) of this section. If a federal court
dismisses a civil action brought under this division for reasons
other than upon the merits, a civil action may be brought under
division (F) of this section in the appropriate court of common
pleas of this state.
(I) Nothing in this section shall be construed:
(1) To require an electronic mail service provider to block,
transmit, route, relay, handle, or store certain types of
electronic mail messages;
(2) To prevent or limit, in any way, an electronic mail
service provider from adopting a policy regarding electronic mail,
including a policy of declining to transmit certain types of
electronic mail messages, or from enforcing such policy through
technical means, through contract, or pursuant to any remedy
available under any other federal, state, or local criminal or
civil law;
(3) To render lawful any policy adopted under division (I)(2)
of this section that is unlawful under any other law.
Sec. 2913.43. (A) No person, by deception, shall cause
another to execute any writing that disposes of or encumbers
property, or by which a pecuniary obligation is incurred.
(B)(1) Whoever violates this section is guilty of securing
writings
by
deception.
(2) Except as otherwise provided in this division or
division
(B)(3) of this section, securing
writings
by deception is a
misdemeanor of the first degree. If the value of the
property or
the obligation involved is five hundred one thousand dollars or
more and
less
than five seven thousand five hundred dollars,
securing writings by
deception is
a felony of the
fifth degree.
If the value of the
property or the
obligation involved is five
seven thousand five hundred dollars or
more and is less
than
one hundred fifty thousand dollars,
securing
writings by
deception
is a felony of the fourth degree. If the
value
of the
property or
the obligation involved is one hundred
fifty
thousand dollars or
more,
securing writings by deception is a
felony of the third degree.
(3) If the victim of the offense is an elderly person or
disabled adult, division
(B)(3) of this section
applies. Except as
otherwise provided in division (B)(3) of this
section, securing
writings by
deception is a felony of the fifth degree. If the
value of the property or
obligation involved is
five hundred
one
thousand
dollars or more and is less than five seven thousand
five hundred dollars,
securing
writings by deception is a
felony of the fourth
degree.
If the
value of the property or
obligation involved is
five
seven
thousand five hundred
dollars
or more and is less than twenty-five
thirty-seven thousand
five
hundred dollars,
securing writings by deception is a felony of
the third
degree. If
the value of the property or obligation
involved is
twenty-five
thirty-seven thousand five hundred
dollars or more,
securing writings by
deception is a
felony of
the second degree.
Sec. 2913.45. (A) No person, with purpose to defraud one or
more of
the person's creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey, or otherwise
deal with any of
the person's property;
(2) Misrepresent or refuse to disclose to a fiduciary
appointed to administer
or manage the person's affairs or estate,
the existence, amount, or
location of any of the person's
property, or any other information regarding
such property that
the person is legally required to furnish to the fiduciary.
(B) Whoever violates this section is guilty of defrauding
creditors. Except as otherwise provided in this division,
defrauding creditors is a
misdemeanor of the first degree. If the
value of the property involved is
five hundred one thousand
dollars or
more and is less than five seven thousand five hundred
dollars,
defrauding creditors
is a felony of the fifth degree.
If the
value of the
property
involved is five seven thousand
five hundred dollars or more
and is less than one
hundred fifty
thousand dollars, defrauding
creditors is a felony of the
fourth
degree. If the value of the
property involved is one
hundred fifty thousand dollars
or more,
defrauding creditors is
a felony
of the third degree.
Sec. 2913.46. (A)(1) As used in this section:
(a) "Electronically transferred benefit" means the transfer
of food stamp
program benefits or WIC program benefits through the
use of an access
device.
(b) "WIC program benefits" includes money, coupons, delivery
verification receipts, other documents, food, or other property
received
directly or indirectly pursuant to section 17 of the
"Child Nutrition
Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended.
(c) "Access device" means any card, plate, code, account
number, or other
means of access that can be used, alone or in
conjunction with another access
device, to obtain payments,
allotments, benefits, money, goods, or other
things
of value or
that can be used to initiate a transfer of funds pursuant to
section 5101.33 of the Revised Code and the "Food Stamp Act of
1977," 91 Stat. 958, 7 U.S.C.A. 2011 et seq., or any supplemental
food
program administered by any department of this state or any
county or local
agency pursuant to section 17 of the "Child
Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended. An "access device" may
include any electronic debit card
or other means authorized by section 5101.33
of the Revised Code.
(c)(d) "Aggregate value of the food stamp coupons, WIC
program
benefits, and electronically transferred
benefits involved
in the violation" means the
total face value of any food stamps,
plus the total face value of WIC
program coupons or delivery
verification receipts, plus the total value of
other WIC program
benefits, plus the total value of
any electronically transferred
benefit or other access device, involved in
the
violation.
(d)(e) "Total value of any electronically transferred benefit
or other
access
device" means the total value of the payments,
allotments, benefits, money,
goods, or other things of value that
may be obtained, or the total value of
funds that may be
transferred, by use of any electronically transferred
benefit or
other access device at the time of violation.
(2) If food stamp coupons, WIC program benefits, or
electronically
transferred benefits or other
access devices of
various values are used, transferred, bought, acquired,
altered,
purchased, possessed, presented for redemption, or transported in
violation of this section over a period of twelve months, the
course of
conduct may be charged as one offense and the values of
food stamp coupons,
WIC program benefits, or
any electronically
transferred benefits or other access devices may be
aggregated in
determining the degree of the offense.
(B) No individual shall knowingly possess,
buy, sell, use,
alter, accept, or transfer food stamp coupons, WIC
program
benefits, or any
electronically transferred benefit in any manner
not authorized by the "Food
Stamp Act of
1977," 91 Stat. 958, 7
U.S.C.A. 2011, as amended, or section 17 of the
"Child
Nutrition
Act of 1966," 80 Stat. 885, 42 U.S.C.A.
1786, as amended.
(C) No organization, as defined in division (D) of section
2901.23 of the Revised Code, shall do either of the following:
(1) Knowingly allow an employee or agent to sell, transfer,
or
trade items or services, the purchase of which is prohibited by
the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as
amended, or section 17 of the "Child Nutrition Act of
1966," 80
Stat. 885, 42 U.S.C.A. 1786, as amended, in exchange for
food
stamp coupons, WIC program benefits, or any
electronically
transferred benefit;
(2) Negligently allow an employee or agent to sell, transfer,
or
exchange food stamp coupons, WIC program benefits, or any
electronically transferred benefit
for anything of value.
(D) Whoever violates
this section is guilty of illegal use of
food stamps or WIC program
benefits. Except as otherwise provided
in this division, illegal use of food
stamps or WIC program
benefits is a felony of
the fifth degree. If the aggregate value
of the food stamp coupons,
WIC program benefits, and
electronically transferred benefits
involved in the violation is
five hundred one thousand dollars or more
and is less than five
seven
thousand five hundred dollars, illegal use of food stamps or
WIC program
benefits is a felony of the fourth degree. If the
aggregate value
of the food stamp coupons, WIC program benefits,
and
electronically transferred benefits
involved in the violation
is
five seven thousand five hundred dollars or more and is less
than
one hundred fifty
thousand dollars, illegal use of
food
stamps or WIC program
benefits is a felony of the third degree.
If the aggregate
value
of the food stamp
coupons, WIC program
benefits, and
electronically transferred benefits
involved in the
violation is
one hundred fifty thousand dollars or more, illegal
use
of
food stamps
or WIC program benefits is a felony of the
second degree.
Sec. 2913.47. (A) As used in this section:
(1) "Data" has the same meaning as in section 2913.01 of
the
Revised Code and additionally includes any other
representation of
information, knowledge, facts, concepts, or
instructions that are
being or have been prepared in a formalized
manner.
(2) "Deceptive" means that a statement, in whole or in
part,
would cause another to be deceived because it contains a
misleading representation, withholds information, prevents the
acquisition of information, or by any other conduct, act, or
omission creates, confirms, or perpetuates a false impression,
including, but not limited to, a false impression as to law,
value, state of mind, or other objective or subjective fact.
(3) "Insurer" means any person that is authorized to
engage
in the business of insurance in this state under Title
XXXIX of
the Revised Code, the Ohio fair plan underwriting
association
created under section 3929.43 of the Revised Code,
any health
insuring corporation, and any legal entity that is
self-insured
and provides benefits to its employees or members.
(4) "Policy" means a policy, certificate, contract, or
plan
that is issued by an insurer.
(5) "Statement" includes, but is not limited to, any
notice,
letter, or memorandum; proof of loss; bill of lading;
receipt for
payment; invoice, account, or other financial
statement; estimate
of property damage; bill for services;
diagnosis or prognosis;
prescription; hospital, medical, or
dental chart or other record;
x-ray, photograph, videotape, or
movie film; test result; other
evidence of loss, injury, or
expense; computer-generated document;
and data in any form.
(B) No person, with purpose to defraud or knowing that the
person
is facilitating a fraud, shall do either of the following:
(1) Present to, or cause to be presented to, an insurer
any
written or oral statement that is part of, or in support of,
an
application for insurance, a claim for payment pursuant to a
policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is
false
or deceptive;
(2) Assist, aid, abet, solicit, procure, or conspire with
another to prepare or make any written or oral statement that is
intended to be presented to an insurer as part of, or in support
of, an application for insurance, a claim for payment pursuant to
a policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is
false
or deceptive.
(C) Whoever violates this section is guilty of insurance
fraud. Except as
otherwise provided in this division, insurance
fraud is a misdemeanor of the
first degree. If the amount of the
claim that is false or deceptive is five hundred one thousand
dollars or
more and is less than five seven thousand five hundred
dollars, insurance
fraud is a
felony of the fifth degree. If the
amount of the claim
that is
false or deceptive is five seven
thousand five hundred dollars or more and
is
less
than one
hundred fifty thousand dollars,
insurance fraud is a
felony of
the fourth
degree. If the amount
of the claim that is
false or
deceptive is one hundred fifty thousand
dollars or more,
insurance fraud
is a felony of the third degree.
(D) This section shall not be construed to abrogate,
waive,
or modify division (A) of section 2317.02 of the Revised
Code.
Sec. 2913.48. (A) No person, with purpose to defraud or
knowing that the person is facilitating a fraud, shall do any of
the
following:
(1) Receive workers' compensation benefits to which the
person is
not entitled;
(2) Make or present or cause to be made or presented a
false
or misleading statement with the purpose to secure payment
for
goods or services rendered under Chapter 4121., 4123., 4127.,
or
4131. of the Revised Code or to secure workers' compensation
benefits;
(3) Alter, falsify, destroy, conceal, or remove any record
or
document that is necessary to fully establish the validity of
any
claim filed with, or necessary to establish the nature and
validity of all goods and services for which reimbursement or
payment was received or is requested from, the bureau of workers'
compensation, or a self-insuring employer under Chapter 4121.,
4123., 4127., or 4131. of the Revised Code;
(4) Enter into an agreement or conspiracy to defraud the
bureau or a self-insuring employer by making or presenting or
causing to be made or presented a false claim for workers'
compensation benefits;
(5) Make or present or cause to be made or presented a false
statement concerning manual codes,
classification of employees,
payroll, paid compensation, or number of personnel, when
information
of that nature is necessary to determine the actual
workers' compensation
premium or
assessment owed to the bureau by
an employer;
(6) Alter, forge, or create a workers' compensation
certificate to falsely
show current or
correct workers'
compensation coverage;
(7) Fail to secure or maintain workers' compensation coverage
as
required by Chapter 4123. of the Revised Code with the intent
to defraud the bureau of workers' compensation.
(B) Whoever violates this section is guilty of workers'
compensation fraud. Except as
otherwise provided in this division,
a
violation of this section is a misdemeanor of the
first degree.
If the value of
premiums and assessments unpaid
pursuant to
actions described in division (A)(5), (6), or (7) of this
section,
or of
goods, services, property, or
money stolen is five
hundred
one thousand
dollars or more and is less than
five seven
thousand
five hundred dollars, a
violation of
this section is a
felony of the fifth
degree. If
the
value of
premiums and
assessments unpaid
pursuant
to actions
described in division
(A)(5), (6), or (7) of this
section, or of
goods, services,
property, or money stolen is five seven
thousand
five hundred
dollars or more
and is less than one hundred fifty thousand
dollars, a
violation of
this section is a felony of the fourth
degree. If
the
value of
premiums and assessments unpaid
pursuant
to
actions
described in division (A)(5), (6), or (7)
of this
section, or of
goods, services, property, or money stolen
is one
hundred
fifty thousand
dollars or more, a violation of
this
section is
a felony of the
third
degree.
(C) Upon application of the governmental body that
conducted
the investigation and prosecution of a violation of
this section,
the court shall order the person who is convicted
of the violation
to pay the governmental body its costs of
investigating and
prosecuting the case. These costs are in
addition to any other
costs or penalty provided in the Revised
Code or any other section
of law.
(D) The remedies and penalties provided in this section
are
not exclusive remedies and penalties and do not preclude the
use
of any other criminal or civil remedy or penalty for any act
that
is in violation of this section.
(E) As used in this section:
(1) "False" means wholly or partially untrue or deceptive.
(2) "Goods" includes, but is not limited to, medical
supplies, appliances, rehabilitative equipment, and any other
apparatus or furnishing provided or used in the care, treatment,
or rehabilitation of a claimant for workers' compensation
benefits.
(3) "Services" includes, but is not limited to, any
service
provided by any health care provider to a claimant for
workers'
compensation benefits and any and all services provided by the
bureau
as part of workers' compensation insurance coverage.
(4) "Claim" means any attempt to cause the bureau, an
independent third party with whom the administrator or an
employer
contracts under section 4121.44 of the Revised Code, or
a
self-insuring employer to make payment or reimbursement for
workers' compensation benefits.
(5) "Employment" means participating in any trade,
occupation, business, service, or profession for substantial
gainful remuneration.
(6) "Employer," "employee," and "self-insuring employer"
have
the same meanings as in section 4123.01 of the Revised Code.
(7) "Remuneration" includes, but is not limited to, wages,
commissions, rebates, and any other reward or consideration.
(8) "Statement" includes, but is not limited to, any oral,
written, electronic, electronic impulse, or magnetic
communication
notice, letter, memorandum, receipt for payment,
invoice, account,
financial statement, or bill for services;
a diagnosis, prognosis,
prescription, hospital, medical, or dental
chart or other record;
and a computer generated document.
(9) "Records" means any medical, professional, financial,
or
business record relating to the treatment or care of any
person,
to goods or services provided to any person, or to rates
paid for
goods or services provided to any person, or any record
that the
administrator of workers' compensation requires pursuant
to rule.
(10) "Workers' compensation benefits" means any
compensation
or benefits payable under Chapter 4121., 4123.,
4127., or 4131. of
the Revised Code.
Sec. 2913.49. (A) As used in this section,
"personal
identifying information" includes, but is not limited to, the
following: the name, address,
telephone number, driver's license,
driver's license number,
commercial driver's license, commercial
driver's license number,
state identification card, state
identification card number,
social security card, social security
number,
birth certificate, place of
employment, employee
identification number,
mother's maiden
name, demand deposit
account number, savings
account number,
money market account
number, mutual fund account
number, other
financial account
number, personal identification
number,
password, or credit card
number of a living or dead
individual.
(B) No person, without the
express or implied consent of the
other person, shall
use,
obtain,
or possess
any
personal
identifying information of
another person with intent to
do
either
of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying
information as the
person's own personal
identifying information.
(C) No person shall create, obtain, possess, or use the
personal
identifying information of any
person
with the intent to
aid or abet another
person in violating
division (B) of this
section.
(D)
No person, with intent to defraud, shall permit another
person to use the person's own personal identifying information.
(E) No person who is permitted to use another person's
personal identifying information as described in division (D) of
this section shall use, obtain, or possess the other person's
personal identifying information with intent to defraud any person
by doing any act identified in division (B)(1) or (2) of this
section.
(F)(1)
It is an affirmative defense to a charge under
division
(B) of this section that the person using the personal
identifying information is
acting in accordance with a legally
recognized guardianship or
conservatorship or as a trustee or
fiduciary.
(2) It is an affirmative defense to a charge under division
(B), (C), (D), or (E) of this section that either of the following
applies:
(a) The person or entity using, obtaining, possessing, or
creating the personal identifying
information or permitting it to
be used is a law enforcement agency, authorized fraud
personnel,
or
a representative of or attorney for a law
enforcement agency or
authorized fraud personnel and is using, obtaining, possessing, or
creating the
personal identifying
information or permitting it to
be used, with prior consent given as specified in this division,
in a bona fide investigation, an
information security
evaluation,
a pretext calling evaluation, or
a similar matter. The prior
consent required under this division shall be given by the person
whose personal identifying information is being used, obtained,
possessed, or created or is being permitted to be used or, if the
person whose personal identifying information is being used,
obtained, possessed, or created or is being permitted to be used
is deceased, by that deceased person's executor, or a member of
that deceased person's family, or that deceased person's attorney.
The prior consent required under this division may be given orally
or in writing by the person whose personal identifying information
is being used, obtained, possessed, or created or is being
permitted to be used or that person's executor, or family member,
or attorney.
(b) The personal identifying information was obtained,
possessed, used, created, or permitted to be used for a lawful
purpose, provided that division (F)(2)(b) of this section does not
apply if the person or entity using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used is a law enforcement agency, authorized fraud personnel,
or a representative of or attorney for a law enforcement agency or
authorized fraud personnel that is using, obtaining, possessing,
or creating the personnel personal identifying information or
permitting it to be used in an investigation, an information
security evaluation, a pretext calling evaluation, or similar
matter.
(G) It is not a defense to a charge under this section that
the person whose personal identifying information was obtained,
possessed, used, created, or permitted to be used was deceased at
the time of the offense.
(H)(1) If an offender commits a violation of division (B),
(D), or (E) of
this
section and the violation
occurs as part of a
course of conduct involving
other
violations
of division (B), (D),
or (E) of this section or
violations of,
attempts
to
violate,
conspiracies to violate, or
complicity in violations of
division
(C) of this section or
section 2913.02, 2913.04, 2913.11,
2913.21,
2913.31, 2913.42,
2913.43, or 2921.13 of the
Revised
Code, the
court, in determining
the degree of the offense pursuant
to
division
(I) of this
section, may
aggregate all credit,
property,
or services obtained
or sought
to be obtained by the
offender and
all debts or other
legal
obligations avoided or
sought to be
avoided by the offender
in
the violations involved in
that course
of
conduct. The course
of conduct may involve one
victim or more
than one
victim.
(2) If an offender commits a violation of division (C) of
this section and the violation occurs
as
part of a course of
conduct involving other violations of
division
(C)
of this section
or violations of, attempts to
violate, conspiracies to
violate, or
complicity in violations of
division (B), (D), or (E) of this
section
or section 2913.02,
2913.04, 2913.11,
2913.21, 2913.31,
2913.42, 2913.43, or
2921.13
of the Revised
Code, the court, in
determining the
degree of the
offense pursuant
to division
(I) of
this section, may
aggregate
all credit,
property, or services
obtained or sought to be
obtained by the
person aided or abetted
and all debts or other
legal
obligations
avoided or sought to be
avoided by the person
aided or abetted
in
the violations involved
in that course of
conduct. The course of
conduct may involve one
victim or more
than one victim.
(I)(1) Whoever violates
this section is guilty of
identity
fraud.
(2) Except as otherwise provided in this
division or division
(I)(3) of this section,
identity
fraud is a felony of
the
fifth
degree. If
the value of the
credit, property, services,
debt, or
other
legal obligation
involved in the violation or
course of
conduct is five hundred one thousand
dollars or more and is
less
than
five seven thousand five hundred dollars, except as otherwise
provided in
division
(I)(3) of this section,
identity
fraud is
a
felony
of
the
fourth
degree. If the value of the
credit,
property,
services, debt, or
other legal obligation
involved in
the
violation
or course of
conduct is
five seven thousand
five
hundred dollars or
more
and is less than one
hundred
fifty
thousand dollars,
except as
otherwise provided in division
(I)(3) of this section, identity
fraud is a felony of
the
third
degree.
If the value
of
the
credit, property,
services, debt, or
other
legal obligation
involved in the violation or course
of
conduct is
one
hundred
fifty thousand dollars or more, except as
otherwise provided in
division (I)(3) of this section,
identity
fraud
is a
felony of
the
second degree.
(3) If the victim of the offense is an elderly person or
disabled adult, a violation of this section is identity fraud
against an elderly person or disabled adult. Except as otherwise
provided in this division, identity fraud against an elderly
person or disabled adult is a felony of the fifth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is five
hundred
one thousand
dollars or more and is less than five
seven
thousand
five hundred dollars, identity fraud against an elderly
person or
disabled
adult is a felony of the third degree. If
the value of
the credit,
property, services, debt, or other
legal obligation
involved in
the violation or course of conduct
is five seven thousand
five hundred dollars or
more and is less
than one hundred fifty thousand dollars,
identity fraud
against
an elderly person or disabled adult is a
felony of the
second
degree. If the value of the credit,
property, services,
debt,
or other legal obligation involved in
the violation or
course
of conduct is one hundred fifty thousand
dollars or more,
identity fraud against an elderly person or
disabled adult is a
felony of the first degree.
Sec. 2913.51. (A) No person shall receive, retain, or
dispose of property of another knowing or having reasonable
cause
to believe that the property has been obtained through
commission
of a theft offense.
(B) It is not a defense to a charge
of receiving stolen
property in violation of this section that the
property was
obtained by means other than through the commission
of a theft
offense if the property was explicitly represented to
the accused
person as being obtained through the commission of a
theft
offense.
(C) Whoever violates this section is guilty of receiving
stolen property. Except as otherwise provided in this
division,
receiving stolen property is a
misdemeanor of the first degree. If
the value of the property
involved is five hundred one thousand
dollars
or more and is less than five seven thousand
five hundred
dollars, if the
property
involved is any of the property
listed
in section
2913.71 of the
Revised Code, receiving
stolen
property is a
felony of the fifth
degree. If the
property
involved is a motor
vehicle, as defined in
section
4501.01 of
the Revised Code, if
the property involved is a
dangerous drug,
as defined in section
4729.01 of the Revised Code,
if the
value
of the property involved
is five seven thousand five hundred
dollars or
more and is less
than one hundred
fifty thousand
dollars, or if the
property involved is a
firearm or
dangerous
ordnance, as defined
in section 2923.11 of the Revised
Code,
receiving stolen property
is a felony of the fourth degree.
If
the
value of the property
involved is one hundred fifty thousand
dollars or more,
receiving stolen
property is a felony of the
third
degree.
Sec. 2913.61. (A) When a person is charged with a theft
offense, or with a violation of division
(A)(1) of section 1716.14
of the Revised Code involving a victim who is an
elderly
person or
disabled adult that involves property or services valued at five
hundred
one thousand
dollars or more, property or services
valued
at five hundred
one thousand
dollars
or
more and less
than five
seven thousand five hundred dollars, property or
services
valued at one
thousand five hundred dollars or more and
less than seven
thousand five
hundred dollars,
property or
services valued at five seven thousand
five hundred dollars or
more and
less than twenty-five thirty-seven thousand five hundred
dollars,
property or
services valued at seven thousand five
hundred dollars or more and
less than one hundred fifty thousand
dollars,
property
or
services
valued at twenty-five
thirty-seven
thousand
five hundred
dollars or
more and less than one
hundred fifty thousand dollars,
or
property or services valued at
thirty-seven thousand five hundred
dollars or more,
property or
services valued at one
hundred
fifty thousand
dollars or
more,
property or
services valued at one hundred fifty
thousand
dollars or more and
less than seven hundred fifty
thousand
dollars, property or
services valued at seven hundred
fifty
thousand dollars or more
and less than one million five
hundred
thousand dollars, or
property or services valued at one
million
five hundred thousand
dollars or more, the jury
or court
trying
the
accused
shall determine the value of the
property or
services as
of the
time of the offense and, if a
guilty verdict
is returned,
shall return the finding of value as
part of the
verdict. In any
case in which the jury or court
determines that
the value of the
property
or services at the time
of the offense
was five hundred one thousand
dollars or more,
it
is unnecessary
to find and return the
exact value, and it is
sufficient if the
finding and return is to
the effect that the
value of the
property or services involved was
five hundred
one thousand
dollars or more and
less than
five seven thousand
five hundred
dollars, was one
thousand dollars or more and less than
seven
thousand five
hundred dollars, was
five seven thousand five
hundred dollars or more and less than
twenty-five thirty-seven
thousand
five hundred dollars, was seven thousand five
hundred
dollars or more and less than thirty-seven thousand five
hundred
dollars, was seven thousand five hundred dollars or more
and less
than one hundred fifty thousand dollars, was twenty-five
thirty-seven thousand
five hundred dollars or
more and
less than
one
hundred fifty thousand dollars, or
was
thirty-seven thousand
five hundred dollars or more and less
than
one hundred fifty
thousand dollars, was one
hundred
fifty thousand dollars
or
more, was one hundred fifty thousand dollars
or more and less
than seven hundred fifty thousand dollars, was
seven hundred
fifty thousand dollars or more and less than one
million five
hundred thousand dollars, or was one million five
hundred
thousand dollars or more, whichever is relevant regarding
the
offense.
(B) If more than one item of property or services is
involved
in a theft offense or in a violation of division (A)(1)
of section
1716.14 of the Revised Code involving a victim who is an elderly
person or
disabled adult, the value of the property or
services
involved for the purpose of determining the value as
required by
division (A) of this section is the aggregate value
of all
property or services involved in the offense.
(C)(1) When a series of offenses under section 2913.02 of the
Revised Code, or a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations
of
division (A)(1) of section 1716.14, section 2913.02,
2913.03,
or 2913.04, division (B)(1) or (2) of section
2913.21, or section
2913.31 or 2913.43 of the Revised Code involving a victim
who is
an elderly person or disabled adult,
is committed by the offender
in the offender's same
employment, capacity, or relationship to
another, all of
those offenses shall be
tried as a single offense.
The value of the
property or services involved in the series of
offenses for the purpose
of determining the value as
required by
division (A) of this section is the aggregate value
of all
property and services involved in all offenses in the
series.
(2) If an offender commits a series of offenses under section
2913.02
of
the Revised Code
that involves a common course of
conduct to defraud multiple victims, all
of the offenses may be
tried as a single offense. If an offender is being
tried for the
commission of a series of violations of, attempts to commit
a
violation of, conspiracies to violate, or complicity in violations
of
division (A)(1) of section 1716.14, section
2913.02, 2913.03,
or 2913.04, division (B)(1) or (2) of section 2913.21, or
section
2913.31 or 2913.43 of the Revised Code, whether
committed against
one
victim or more than one victim, involving a victim who is an
elderly person or disabled adult,
pursuant to a scheme or course
of conduct,
all of those offenses may be tried as a single
offense.
If the offenses are tried as a single offense, the value
of the
property or services involved for the purpose of
determining
the value as required by division (A) of this section
is the
aggregate value of all property and services involved in
all of the
offenses in the course of conduct.
(3) When a series of two or more offenses under section
2921.41 of the
Revised Code is committed by the offender in the
offender's
same
employment, capacity, or relationship to another,
all of those offenses may be
tried as a single offense. If the
offenses are tried as a single offense,
the value of the property
or services involved for the purpose of
determining the value as
required by division (A) of this section
is the aggregate value of
all property and services involved in all of the
offenses in the
series
of two or more offenses.
(4) In prosecuting a single offense under division (C)(1),
(2), or (3)
of this section, it is not necessary to separately
allege and prove each
offense in the series. Rather, it is
sufficient to
allege and prove that the offender, within a given
span of time,
committed one or more theft offenses or violations
of section 2921.41
of the Revised Code in the offender's same
employment, capacity, or relationship to another as described in
division (C)(1) or (3) of this section, or committed
one or more
theft offenses that involve a common
course of conduct to defraud
multiple victims or a scheme or course of conduct
as described in
division (C)(2) of this section.
(D) The following criteria shall be used in determining
the
value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item,
antique, museum piece, manuscript, document, record, or other
thing that has intrinsic worth to its owner and
that either is
irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, is the amount that would
compensate the owner for its loss.
(2) The value of personal effects and household goods, and
of
materials, supplies, equipment, and fixtures used in the
profession, business, trade, occupation, or avocation of its
owner, which property is not covered under division (D)(1) of
this
section and which retains substantial utility for its
purpose
regardless of its age or condition, is the cost of
replacing the
property with new property of like kind and
quality.
(3) The value of any real or personal property
that is not
covered under division (D)(1) or (2) of this section, and the
value of services, is the fair market value of the property or
services. As used in this section, "fair market value" is the
money consideration that a buyer would give and a seller would
accept for property or services, assuming that the buyer is
willing to buy and the seller is willing to sell, that both are
fully informed as to all facts material to the transaction, and
that neither is under any compulsion to act.
(E) Without limitation on the evidence that may be used to
establish the
value of property or services involved in a theft
offense:
(1) When the property involved is personal property held
for
sale at wholesale or retail, the price at which the property
was
held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity
traded on an exchange, the closing price or, if there is no
closing price, the asked price, given in the latest market
quotation prior to the offense is prima-facie evidence of the
value of the security or commodity.
(3) When the property involved is livestock, poultry, or
raw
agricultural products for which a local market price is
available,
the latest local market price prior to the offense is
prima-facie
evidence of the value of the livestock, poultry, or
products.
(4) When the property involved is a negotiable instrument,
the face value is prima-facie evidence of the value of the
instrument.
(5) When the property involved is a warehouse receipt,
bill
of lading, pawn ticket, claim check, or other instrument
entitling
the holder or bearer to receive property, the face
value or, if
there is no face value, the value of the property
covered by the
instrument less any payment necessary to receive
the property is
prima-facie evidence of the value of the
instrument.
(6) When the property involved is a ticket of admission,
ticket for transportation, coupon, token, or other instrument
entitling the holder or bearer to receive property or services,
the face value or, if there is no face value, the value of the
property or services that may be received by the
instrument is
prima-facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity,
water,
telephone, transportation, shipping, or other services for
which
the rate is established by law, the duly established rate
is
prima-facie evidence of the value of the services.
(8) When the services involved are services for which the
rate is not established by law, and the offender has been
notified
prior to the offense of the rate for the services,
either in
writing, orally, or by posting in a manner
reasonably calculated
to come to the attention of potential
offenders, the rate
contained in the notice is prima-facie
evidence of the value of
the services.
Sec. 2915.05. (A) No person, with purpose to defraud or
knowing that the
person is facilitating a fraud, shall engage in
conduct designed to corrupt
the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill, or endurance that is not
an athletic or
sporting event;
(3) A scheme or game of chance;
(B) No person shall knowingly do any of the following:
(1) Offer, give, solicit, or accept anything of value to
corrupt the
outcome of an athletic or sporting event;
(2) Engage in conduct designed to corrupt the outcome of an
athletic or sporting event.
(C)(1) Whoever violates division (A) of this section is
guilty of cheating. Except as otherwise provided in this
division,
cheating is a misdemeanor of the first degree. If the
potential
gain
from
the cheating is five hundred one thousand dollars or
more
or if
the offender previously has
been convicted of any
gambling
offense
or of any theft offense, as defined in
section
2913.01 of
the
Revised Code, cheating is a felony of the fifth
degree.
(2) Whoever violates division (B) of this section is guilty
of corrupting
sports. Corrupting sports is a felony of the fifth
degree on a first offense
and a felony of the fourth degree on
each subsequent offense.
Sec. 2917.21. (A) No person shall knowingly make or cause
to
be made a telecommunication, or knowingly
permit a
telecommunication
to be made from a telecommunications device
under the
person's control, to
another, if the caller does any of
the following:
(1) Fails to identify the caller to the recipient of the
telecommunication and makes the telecommunication with purpose to
harass or abuse any person at the premises to
which the
telecommunication is made, whether or
not
actual communication
takes place
between the caller and a recipient;
(2) Describes, suggests, requests, or proposes that the
caller, the recipient of the
telecommunication, or any other
person
engage in sexual activity, and the recipient or another
person at the premises
to which the
telecommunication is made has
requested,
in a previous telecommunication or in the immediate
telecommunication, that the caller not make a
telecommunication to
the recipient or to the
premises to which the telecommunication is
made;
(3) During the telecommunication, violates
section 2903.21 of
the Revised Code;
(4) Knowingly states to the recipient of the
telecommunication that the
caller intends to cause damage to
or
destroy
public or
private property, and the recipient, any
member
of the recipient's family, or
any other person who resides at the
premises to which the
telecommunication is made owns, leases,
resides,
or works in, will
at the time of the destruction or
damaging be near or in, has the
responsibility of protecting, or
insures the property that will
be destroyed or damaged;
(5) Knowingly makes the telecommunication to the
recipient of
the telecommunication, to another person at the
premises to which
the telecommunication is made, or to
those premises, and the
recipient
or another person at those premises previously has told
the caller not to
make a
telecommunication to those premises or to
any
persons
at
those premises.
(B) No person shall make or cause to be made a
telecommunication, or
permit a
telecommunication to be
made from a
telecommunications device
under the person's control, with purpose
to abuse, threaten,
or harass another person.
(C)(1) Whoever violates this section is guilty of
telecommunications harassment.
(2) A violation of division (A)(1), (2), (3), or (5) or
(B)
of this section is a misdemeanor of the first degree on a
first
offense and a
felony of the fifth degree on each subsequent
offense.
(3) Except as otherwise provided in division (C)(3) of
this
section, a violation of division (A)(4) of this section is a
misdemeanor of the first degree on a first offense and a felony of
the fifth
degree on each subsequent offense. If a violation of
division (A)(4)
of this section results
in economic harm of five
hundred one thousand dollars or more but less than five seven
thousand
five hundred
dollars,
telecommunications harassment is
a felony of
the fifth
degree. If
a violation
of division (A)(4)
of this section results
in economic
harm of five
seven thousand
five hundred dollars or more but less than
one hundred
fifty
thousand dollars,
telecommunications
harassment is a
felony of
the
fourth degree. If a violation of division
(A)(4)
of
this
section
results in economic harm of one hundred
fifty thousand
dollars or more,
telecommunications
harassment is a
felony of
the
third
degree.
(D) No cause of action may be asserted in any court of this
state against
any provider of a telecommunications service or
information service,
or against any officer, employee, or agent of
a
telecommunication service or information service, for any
injury, death, or loss to person or property that allegedly
arises
out of the provider's, officer's, employee's, or agent's
provision
of information, facilities, or assistance in
accordance with the
terms of a court order that is issued in
relation to the
investigation or prosecution of an alleged
violation of this
section or section 4931.31 of the
Revised Code. A provider of a
telecommunications service or information service, or an
officer,
employee, or agent of a telecommunications service or
information
service, is immune from any civil or criminal
liability for
injury, death, or loss to person or property that
allegedly arises
out of the provider's, officer's, employee's,
or agent's provision
of information, facilities, or assistance
in accordance with the
terms of a court order that is issued in
relation to the
investigation or prosecution of an alleged
violation of this
section or section 4931.31 of the
Revised Code.
(E) As used in this section:
(1) "Economic harm" means all direct,
incidental,
and
consequential pecuniary harm suffered by a victim as a result of
criminal
conduct. "Economic harm" includes, but is not limited to,
all of the
following:
(a) All wages, salaries, or other compensation lost as a
result of the
criminal conduct;
(b) The cost of all wages, salaries, or other compensation
paid to employees
for time those employees are prevented from
working as a result of the
criminal conduct;
(c) The overhead costs incurred for the time that a
business
is shut down as
a result of the criminal conduct;
(d) The loss of value to tangible or intangible property
that
was damaged as
a result of the criminal conduct.
(2) "Caller" means the person described in division
(A) of
this section who makes
or causes to be made a telecommunication or
who permits a
telecommunication to be made from a
telecommunications device
under that person's control.
(3) "Telecommunication" and "telecommunications device"
have
the same meanings as in section 2913.01 of the
Revised
Code.
(4) "Sexual activity" has the same meaning as in section
2907.01 of the Revised
Code.
(F) Nothing in this section prohibits a person from making
a
telecommunication to a debtor that is in
compliance with the "Fair
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.
1692, as
amended, or the "Telephone Consumer Protection
Act," 105
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Sec. 2917.31. (A) No person shall cause the evacuation of
any public place, or otherwise cause serious public inconvenience
or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other
catastrophe,
knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
(B) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of inducing
panic.
(2) Except as otherwise provided in division
(C)(3), (4),
(5), (6), (7), or (8) of this section, inducing panic is
a
misdemeanor of
the first degree.
(3)
Except as otherwise provided in division (C)(4), (5),
(6), (7), or (8) of this section, if a violation of this
section
results in physical harm to any person, inducing panic is
a felony
of the fourth degree.
(4) Except as otherwise provided in division (C)(5), (6),
(7), or (8) of
this section, if a violation of this
section
results in economic
harm, the
penalty shall be determined
as
follows:
(a) If the violation results in
economic harm of five
hundred
one thousand
dollars or more but less than five seven
thousand
five hundred dollars
and
if
division
(C)(3) of this
section
does
not apply,
inducing
panic
is
a felony of the
fifth
degree.
(b) If the violation results in economic harm of five seven
thousand five hundred dollars
or more but less
than one hundred
fifty thousand
dollars,
inducing panic is a felony of the fourth
degree.
(c) If the violation results in economic harm
of one hundred
fifty
thousand dollars or more, inducing panic is a felony of the
third
degree.
(5) If the public
place
involved
in a
violation of division
(A)(1) of this section is a
school
or an institution of higher
education, inducing panic is a felony of
the second degree.
(6) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or
(8) of this
section,
inducing panic is a felony of the fourth
degree.
(7) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division
(C)(5) of this
section,
if a
violation of this section results
in physical harm
to any
person,
inducing panic is a felony of the
third degree.
(8) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this
section,
if a
violation of this section results in economic harm
of one
hundred
thousand dollars or more, inducing panic is a
felony of
the third
degree.
(D)(1) It is not a defense to a
charge under this section
that pertains to a purported or
threatened use of a weapon of mass
destruction that the offender
did not possess or have the ability
to use a weapon of mass
destruction or that what was represented
to be a weapon of mass
destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any
other
section of the Revised Code may be prosecuted under this
section,
the other section, or both sections.
(E) As used in this section:
(1) "Economic harm" means
any of the following:
(a) All direct, incidental,
and
consequential pecuniary harm
suffered by a victim as a result of
criminal
conduct. "Economic
harm"
as described in this division includes, but is not limited
to, all of the
following:
(i) All wages, salaries, or other compensation lost as a
result of the
criminal conduct;
(ii) The cost of all wages, salaries, or other
compensation
paid
to employees for time those employees are
prevented from
working
as a result of the criminal conduct;
(iii) The overhead costs incurred for the time that a
business
is shut down as a result of the criminal conduct;
(iv) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political
subdivision as a result of, or in making any response to, the
criminal conduct that constituted the violation of this section or
section 2917.32 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision.
(2) "School" means any school operated
by a board of
education or any school for which the state board of education
prescribes minimum standards under
section 3301.07 of the Revised
Code, whether or not any
instruction, extracurricular activities,
or training provided by the school is
being conducted at the time
a violation of this section is committed.
(3) "Weapon of mass destruction" means any of the following:
(a) Any weapon that is designed or intended to cause death
or
serious physical harm through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors;
(b) Any weapon involving a disease organism or biological
agent;
(c) Any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life;
(d) Any of the following, except to the extent that the item
or device in question is expressly excepted from the definition of
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and
regulations issued under that section:
(i) Any explosive, incendiary, or poison gas bomb, grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or similar device;
(ii) Any combination of parts either designed or intended
for
use in converting any item or device into any item or device
described in division (E)(3)(d)(i) of this section and
from which
an item or device described in that division may be readily
assembled.
(4) "Biological agent" has the same meaning as in section
2917.33 of the Revised Code.
(5) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code.
(6) "Institution of higher education" means any of the
following:
(a) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
(b) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
Sec. 2917.32. (A) No person shall do any of the
following:
(1) Initiate or circulate a report or warning of an
alleged
or impending fire, explosion, crime, or other
catastrophe, knowing
that the report or warning is false and
likely to cause public
inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other
emergency
to be transmitted to or within any organization, public
or
private, for dealing with emergencies involving a risk of
physical
harm to persons or property;
(3) Report to any law enforcement agency an alleged
offense
or other incident within its concern, knowing that such
offense
did not occur.
(B) This section does not apply to any person conducting
an
authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of making
false alarms.
(2) Except
as otherwise provided in
division
(C)(3),
(4),
(5), or (6) of this section, making false alarms is a
misdemeanor
of the first degree.
(3) Except as otherwise provided in division (C)(4) of this
section, if a violation of this section results in economic harm
of five hundred one thousand dollars
or more but less than five
seven
thousand
five hundred dollars, making false alarms is a
felony
of the fifth
degree.
(4) If a violation of this section pertains to a
purported,
threatened, or actual use of a weapon of mass
destruction, making
false alarms is a felony of the
third degree.
(5) If
a violation of this section results in economic harm
of five seven thousand five hundred dollars or more but less than
one hundred
fifty thousand dollars
and if division (C)(4) of this
section does not
apply,
making false alarms is a felony of the
fourth
degree.
(6) If
a violation of this
section results in economic harm
of one hundred fifty thousand dollars or more,
making false alarms
is a
felony of the third degree.
(D)(1) It is not a defense to a
charge under this section
that pertains to a purported or
threatened use of a weapon of mass
destruction that the offender
did not possess or have the ability
to use a weapon of mass
destruction or that what was represented
to be a weapon of mass
destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any
other
section of the Revised Code may be prosecuted under this
section,
the other section, or both sections.
(E) As used in this section, "economic harm" and "weapon
of
mass destruction" have the
same meanings as in
section 2917.31
of
the Revised Code.
Sec. 2919.21. (A) No person shall abandon, or fail to
provide adequate support to:
(1) The person's spouse, as required by law;
(2) The person's child who is
under age eighteen, or mentally
or physically handicapped child
who is under age twenty-one;
(3) The person's aged or infirm parent or adoptive parent,
who from lack of ability and means is unable to provide
adequately
for the parent's own support.
(B) No person shall abandon, or fail to provide support as
established by a
court order to, another person whom, by court
order or decree, the person is
legally obligated to support.
(C) No person shall aid, abet, induce, cause, encourage,
or
contribute to a child or a ward of the juvenile court becoming
a
dependent child, as defined in section 2151.04 of the Revised
Code, or a neglected child, as defined in section 2151.03 of the
Revised Code.
(D) It is an affirmative defense to a charge of failure to
provide adequate
support under division (A) of this section or a
charge of failure to provide
support established by a court order
under division (B) of this section that
the accused was unable to
provide adequate support or the established support
but did
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under
division
(A)(3) of this section that the parent abandoned the
accused or
failed to support the accused as required by law,
while the
accused was under age eighteen, or was mentally or
physically
handicapped and under age twenty-one.
(F) It is not a defense to a charge under division (B) of
this section that
the person whom a court has ordered the accused
to support is being adequately
supported by someone other than the
accused.
(G)(1) Except as otherwise provided in this division, whoever
violates
division (A) or (B) of this section is guilty of
nonsupport of dependents, a
misdemeanor of the first degree. If
the offender previously has been
convicted of or
pleaded guilty to
a violation of division (A)(2) or (B) of this section
or if the
offender has failed to
provide support under division (A)(2) or
(B) of this section for a total
accumulated period of twenty-six
weeks out of one hundred four
consecutive weeks, whether or not
the twenty-six weeks were
consecutive, then a violation of
division (A)(2) or (B) of this section
is a felony of the fifth
degree. If the offender previously has been
convicted of or
pleaded guilty to a felony violation of this section, a
violation
of division (A)(2) or (B) of this section is a felony of the
fourth
degree. If
If the violation of division (A) or (B) of this section is a
felony, all of the following apply to the sentencing of the
offender:
(a) Except as otherwise provided in division (G)(1)(b) of
this section, the court in imposing sentence on the offender shall
first consider placing the offender on one or more community
control sanctions under section 2929.16, 2929.17, or 2929.18 of
the Revised Code, with an emphasis under the sanctions on
intervention for nonsupport, obtaining or maintaining employment,
or another related condition.
(b) The preference for placement on community control
sanctions described in division (G)(1)(a) of this section does not
apply to any offender to whom one or more of the following
applies:
(i) The court determines that the imposition of a prison term
on the offender is consistent with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised Code.
(ii) The offender previously was convicted of or pleaded
guilty to a violation of this section that was a felony, the
conviction or guilty plea occurred on or after the effective date
of this amendment, and the offender was sentenced to a prison term
for that violation.
(iii) The offender previously was convicted of or pleaded
guilty to a violation of this section that was a felony, the
conviction or guilty plea occurred on or after the effective date
of this amendment, the offender was sentenced to one or more
community control sanctions of a type described in division
(G)(1)(a) of this section for that violation, and the offender
failed to comply with the conditions of any of those community
control sanctions.
(2) If the offender is guilty of nonsupport of dependents by
reason of
failing to provide support to the offender's child as
required by a child
support order issued on or after April 15,
1985, pursuant to section 2151.23,
2151.231, 2151.232, 2151.33,
3105.21,
3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the
Revised
Code, the court, in addition to any other sentence
imposed, shall
assess all court costs arising out of the charge
against the
person and require the person to pay any reasonable
attorney's
fees of any adverse party other than the state, as
determined by
the court, that arose in relation to the charge.
(2)(3) Whoever violates division (C) of this section is
guilty of contributing
to the nonsupport of dependents, a
misdemeanor of the first
degree. Each day of violation of division
(C) of this section is
a separate offense.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency benefits and services;
disability
financial
assistance;
retirement benefits;
economic development
assistance,
as defined
in section 9.66 of the Revised
Code; or
other benefits
administered by a governmental agency
or paid
out
of a public
treasury.
(5) The statement is made with purpose to secure the
issuance
by a governmental agency of a license, permit,
authorization,
certificate, registration, release, or provider
agreement.
(6) The statement is sworn or affirmed before a notary
public
or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report.
(11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law.
(12) The statement is made in connection with the
purchase
of
a firearm, as defined in
section 2923.11 of the Revised Code,
and
in conjunction
with the furnishing to the seller of the
firearm of
a fictitious or altered
driver's or commercial driver's
license or
permit, a fictitious or altered
identification card, or
any other
document that contains false information
about the
purchaser's
identity.
(13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record.
(14) The statement is made with purpose to obtain an Ohio's
best Rx program enrollment card under section 173.773 of the
Revised Code or a payment under section 173.801 of the Revised
Code.
(15) The statement is made in an application filed with
a
county sheriff pursuant to section 2923.125 of the
Revised Code in
order to obtain or renew a license
to carry a concealed handgun or
is made in an affidavit submitted to a county sheriff to obtain a
temporary emergency license to carry a concealed handgun under
section 2923.1213 of the Revised Code.
(16) The statement is required under section 5743.71
of the
Revised Code in connection with the person's purchase of
cigarettes or tobacco products in a delivery sale.
(B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity.
(C)
No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious
or altered
document that purports to be certification of the person's
competence
in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(E) If contradictory statements relating to the same
fact
are
made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(F)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), (13), (14), or (16)
of this section is
guilty
of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred one thousand dollars or more and
is less than
five seven thousand
five hundred dollars,
falsification in a theft
offense is a
felony of the fifth degree.
If
the value of the
property or
services stolen is five seven
thousand five hundred dollars or more
and
is less than
one
hundred fifty thousand dollars, falsification in a
theft
offense
is
a felony of the fourth degree. If the value of
the property or
services stolen is one hundred fifty thousand dollars or
more,
falsification in a
theft offense is a felony of the third
degree.
(3) Whoever violates division (A)(12)
or (B) of this
section
is guilty of falsification to purchase a firearm, a
felony
of the
fifth degree.
(4) Whoever violates division (A)(15) or
(C) of this
section
is guilty of falsification to obtain
a concealed handgun
license,
a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2921.34. (A)(1) No person, knowing the person is under
detention, other than supervised release detention, or being
reckless in that regard, shall purposely break
or attempt to break
the detention, or purposely fail to return to
detention, either
following temporary leave granted for a
specific
purpose or
limited period, or at the time required when
serving a
sentence
in intermittent confinement.
(2)(a) Division (A)(2)(b) of this section applies to any
person who is
sentenced to a prison term pursuant to
division
(A)(3) or (B) of
section 2971.03 of the Revised Code.
(b) No person to whom this division applies, for whom the
requirement that the entire prison term imposed upon the person
pursuant to division (A)(3) or (B) of section 2971.03 of the
Revised Code be served in a
state correctional institution has
been modified pursuant to section 2971.05
of the Revised Code, and
who, pursuant to that modification, is restricted to
a geographic
area, knowing that the person is under a
geographic restriction or
being reckless in that regard, shall purposely leave
the
geographic area to which the restriction applies or
purposely fail
to return to that geographic area following a temporary leave
granted for a specific purpose or for a limited period of time.
(3) No person, knowing the person is under supervised release
detention or being reckless in that regard, shall purposely break
or attempt to break the supervised release detention or purposely
fail to return to the supervised release detention, either
following temporary leave granted for a specific purpose or
limited period, or at the time required when serving a sentence in
intermittent confinement, if the purposeful breaking, attempting
to break, or failure to return is for a period in excess of nine
consecutive months.
(B)(1) If a person, knowing the person is under supervised
release
detention or being reckless in that regard, purposely
breaks
or attempts to break the supervised release detention or
purposely
fails to return to the supervised release detention,
either
following temporary leave granted for a specific purpose
or
limited period, or at the time required when serving a
sentence in
intermittent confinement, and if the purposeful
breaking, attempting
to break, or failure to return is for a
period that does not exceed nine
consecutive months, the person
is subject to administrative sanctions that may be imposed by the
adult parole authority under section 2967.15 of the Revised Code.
(2) Irregularity in bringing about or maintaining
detention,
or lack of jurisdiction of the committing or detaining
authority,
is not a defense to a charge under this section if the
detention
is pursuant to judicial order or in a detention
facility. In the
case of any other detention, irregularity or
lack of jurisdiction
is an affirmative defense only if either of
the following occurs:
(1)(a) The escape involved no substantial risk of harm to the
person or property of another.
(2)(b) The detaining authority knew or should have known
there
was no legal basis or authority for the detention.
(C) Whoever violates this section is guilty of escape.
(1) If the offender, at the time of the commission of the
offense, was under detention as an alleged or adjudicated
delinquent child or unruly child and if the act for which the
offender was under detention would not be a felony if committed
by
an adult, escape is a misdemeanor of the first degree.
(2) If the offender, at the time of the commission of the
offense, was under detention in any other manner or if the
offender is a person for whom the requirement that the entire
prison term
imposed upon the person pursuant to division (A)(3) or
(B) of
section 2971.03 of the Revised Code be served
in a state
correctional institution has been modified
pursuant to section
2971.05 of the Revised Code, escape is one
of the following:
(a) A felony of the second
degree, when the
most serious
offense for which the person was under detention or
for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is
aggravated murder, murder, or a felony of the first
or second
degree or, if the person was under detention
as an alleged or
adjudicated delinquent child, when the most
serious act for which
the person was under detention would be
aggravated murder, murder,
or a felony of the first
or second degree if committed by an
adult;
(b) A felony of the
third degree, when the most serious
offense for which the
person was under detention or for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is a felony of the third, fourth, or fifth degree or an
unclassified felony or, if the person was under detention as an
alleged or adjudicated delinquent child, when the most serious
act
for which the person was under detention would be a felony of the
third, fourth, or fifth degree or an unclassified felony if
committed
by an adult;
(c) A felony of the fifth degree, when any of the following
applies:
(i) The most serious offense for which the person was under
detention is
a misdemeanor.
(ii) The person was found not guilty by reason of insanity,
and the person's
detention consisted of hospitalization,
institutionalization, or confinement in a facility under an order
made
pursuant to or under authority of section 2945.40, 2945.401,
or 2945.402 of
the Revised Code.
(d) A misdemeanor of the first degree, when the most serious
offense for which the person was under detention is a misdemeanor
and when the
person fails to return to detention at a specified
time following
temporary leave granted for a specific purpose or
limited period or at the
time required when serving a sentence in
intermittent confinement.
(D) As used in this section, "supervised release detention"
means detention that is supervision of a person by an employee of
the department of rehabilitation and correction while the person
is on any type of release from a state correctional institution,
other than transitional control under section 2967.26 of the
Revised Code or placement in a community-based correctional
facility by the parole board under section 2967.28 of the Revised
Code.
Sec. 2921.41. (A) No public official or party official
shall
commit any theft offense, as defined in division (K) of
section
2913.01 of the Revised Code, when either of the following
applies:
(1) The offender uses the offender's office in aid of
committing the
offense or permits or assents to its use in aid of
committing the
offense;
(2) The property or service involved is owned by this
state,
any other state, the United States, a county, a municipal
corporation, a township, or any political subdivision,
department,
or agency of any of them, is owned by a political
party, or is
part of a political campaign fund.
(B) Whoever violates this section is guilty of theft in
office. Except as otherwise provided in this division, theft in
office is a
felony of the fifth degree. If the value of property
or services stolen is
five hundred one thousand dollars or more
and is
less
than five seven thousand five hundred dollars, theft
in
office is a
felony of
the
fourth degree. If the value of
property or services
stolen is
five
seven thousand five hundred
dollars or more, theft in office is a
felony of
the
third
degree.
(C)(1) A public official or party official who pleads guilty
to theft in office and whose
plea is accepted
by the court or a
public official or party
official against whom
a verdict or
finding of guilt for committing
theft in office is
returned is
forever
disqualified
from holding
any public office,
employment,
or
position of trust
in this state.
(2)(a) A court that imposes sentence for a violation of
this
section based on conduct described in division (A)(2) of
this
section shall require the public official or party official
who is
convicted of or pleads guilty to the offense to make
restitution
for all of the property or the service that is the
subject of the
offense, in addition to the term of imprisonment
and any fine
imposed. A court that imposes sentence for a
violation of this
section based on conduct described in division
(A)(1) of this
section and that determines at trial that this
state or a
political subdivision of this state if the offender is
a public
official, or a political party in the United States or
this state
if the offender is a party official, suffered actual
loss as a
result of the offense shall require the offender to
make
restitution to the state, political subdivision, or
political
party for all of the actual loss experienced, in
addition to the
term of imprisonment and any fine imposed.
(b)(i) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which the offender, at the time of the commission of the
offense
or at any other time, was a member of the public
employees
retirement system, the Ohio police and fire
pension fund, the
state teachers retirement system, the
school employees retirement
system, or the state highway patrol
retirement system; was an
electing employee, as defined in
section
3305.01 of the Revised
Code, participating in an alternative retirement plan
provided
pursuant to Chapter 3305. of the Revised Code; was a participating
employee or continuing
member, as defined in section 148.01 of the
Revised
Code, in a
deferred compensation program offered by the
Ohio public
employees deferred compensation board; was an officer
or
employee
of a municipal corporation who was a participant in a
deferred
compensation program offered by that municipal
corporation; was
an
officer or employee of a government unit, as
defined in section
148.06 of the Revised Code, who was a
participant in a
deferred
compensation program offered by that
government unit, or was a
participating employee, continuing
member, or participant in any
deferred compensation program
described in this division and a
member of a retirement system
specified in this division or a
retirement system of a municipal
corporation, the entity to which
restitution is to be made may
file a motion with the sentencing
court specifying any retirement
system, any provider as defined in
section 3305.01 of the Revised
Code, and any deferred
compensation program of which
the offender
was a member, electing
employee, participating
employee,
continuing member, or participant
and requesting the
court to
issue an order requiring the specified
retirement system,
the
specified
provider under the
alternative retirement plan, or
the
specified deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of these,
to
withhold the
amount
required as restitution from any payment
that
is to be made under
a pension, annuity, or allowance, under
an
option in the alternative
retirement plan, under a participant
account, as
defined in section 148.01 of the Revised Code, or
under
any other
type of benefit, other than a survivorship
benefit, that has been
or is in the future granted to the
offender, from any payment of
accumulated employee contributions
standing to the offender's
credit with that retirement system,
that provider
of the option under
the alternative retirement
plan,
or that deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of
these,
and
from any payment of
any other amounts to be paid to the
offender
upon the offender's withdrawal
of the offender's
contributions
pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of
the Revised Code. A motion described in this
division
may be filed
at any time subsequent to the conviction of
the
offender or entry
of a guilty plea. Upon the filing of
the
motion, the clerk of the
court in which the motion is filed
shall
notify the offender, the
specified retirement system, the
specified
provider under the
alternative
retirement plan, or the
specified deferred
compensation program, or, if more than
one is
specified in the
motion, the applicable combination of these,
in
writing, of all of
the
following: that the motion was filed; that
the offender will
be
granted a hearing on the issuance of the
requested order if the
offender files a written request for a
hearing with the clerk
prior to the expiration of thirty days
after the offender
receives
the notice; that, if a hearing is
requested, the court
will
schedule a hearing as soon as possible
and notify the
offender,
any specified retirement system, any
specified provider under an
alternative retirement plan, and any
specified
deferred
compensation program of the date, time, and
place of the
hearing;
that, if a hearing is conducted, it will be
limited only
to a
consideration of whether the offender can show
good cause
why the
requested order should not be issued; that, if
a hearing
is
conducted, the court will not issue the requested
order if the
court determines, based on evidence presented at the
hearing by
the offender, that there is good cause for the
requested order
not
to be issued; that the court will issue the
requested order
if a
hearing is not requested or if a hearing is
conducted but
the
court does not determine, based on evidence
presented at the
hearing by the offender, that there is good cause
for the
requested order not to be issued; and that, if the
requested
order
is issued, any retirement system, any provider
under an
alternative retirement plan, and any
deferred
compensation program
specified in the motion will be required to
withhold the amount
required as restitution from payments to the
offender.
(ii) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which a motion requesting the issuance of a withholding order
as
described in division (C)(2)(b)(i) of this section is filed,
the
offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the
expiration
of thirty days after the offender's receipt of the
notice provided
pursuant to division (C)(2)(b)(i) of this
section. If a request
for a hearing is made by the offender
within the prescribed time,
the court shall schedule a hearing as
soon as possible after the
request is made and shall notify the
offender, the specified
retirement system, the specified provider under the alternative
retirement plan, or the
specified deferred
compensation program,
or, if more than one is specified
in the motion, the
applicable
combination of these, of the date, time, and place of
the hearing.
A hearing scheduled
under this division shall be limited to a
consideration of
whether there is good cause, based on evidence
presented by the
offender, for the requested order not to be
issued. If the court
determines, based on evidence presented by
the offender, that
there is good cause for the order not to be
issued, the court
shall deny the motion and shall not issue the
requested order.
If the offender does not request a hearing
within the prescribed
time or if the court conducts a hearing but
does not determine,
based on evidence presented by the offender,
that there is good
cause for the order not to be issued, the court
shall order the
specified retirement system, the specified
provider under the alternative retirement plan, or the specified
deferred
compensation program, or, if more than one is specified
in the motion, the applicable
combination of these, to withhold
the amount required as restitution under division (C)(2)(a) of
this section from any payments to be made under a pension,
annuity, or allowance, under a participant account,
as defined in
section 148.01 of the Revised Code,
under an option in the
alternative retirement plan,
or under any other
type of
benefit,
other than a survivorship benefit, that has been or is
in the
future granted to the offender, from any payment of
accumulated
employee contributions standing to the offender's
credit with that
retirement system, that
provider under the alternative retirement
plan, or that deferred
compensation program, or, if more than one
is specified in the
motion, the applicable combination of these,
and from any payment of
any other amounts to be paid to the
offender upon the offender's withdrawal
of the offender's
contributions pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of the Revised Code, and to continue the
withholding for
that purpose, in accordance with the order, out
of each payment to
be made on or after the date of issuance of
the order, until
further order of the court. Upon receipt of an
order issued under
this division, the public employees retirement
system, the Ohio
police and
fire pension fund, the
state teachers retirement
system, the school employees retirement
system, the state highway
patrol retirement system, a municipal
corporation retirement
system, the
provider under the
alternative retirement plan, and
the deferred compensation
program offered by the Ohio public
employees deferred
compensation board, a municipal corporation, or
a government
unit, as defined in section 148.06 of the Revised
Code,
whichever
are applicable, shall withhold the amount required
as
restitution, in accordance with the order, from any such
payments
and immediately shall forward the amount withheld to the
clerk of
the court in which the order was issued for payment to
the entity
to which restitution is to be made.
(iii) Service of a notice required by division
(C)(2)(b)(i)
or (ii) of this section shall be effected in the
same manner as
provided in the Rules of Civil Procedure for the
service of
process.
(D) Upon the filing of charges against a person under this
section, the prosecutor, as defined in section 2935.01 of the
Revised Code, who is assigned the case shall send written notice
that charges have been filed against that person to the public
employees retirement system, the Ohio police and fire
pension
fund, the state teachers retirement system, the
school employees
retirement system, the state highway patrol
retirement system, the
provider
under an alternative
retirement plan, any municipal
corporation retirement system in
this state, and the deferred
compensation program offered by the
Ohio public employees deferred
compensation board, a municipal
corporation, or a government unit,
as defined in section
148.06 of the Revised Code. The written
notice shall specifically
identify the person charged.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of
the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a
trust
in which the trustee holds title to personal or real
property;
(2) The interest of a person as a beneficiary under any
other
trust arrangement under which any other person holds title
to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of
express
fiduciary arrangement under which any other person holds
title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as
well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more
incidents
of corrupt activity, whether or not there has been a
prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall
occur
on or after January 1, 1986. Unless any incident was an
aggravated
murder or murder, the last of the incidents forming
the
pattern
shall occur within six years after the commission of
any
prior
incident forming the pattern, excluding any period of
imprisonment
served by any person engaging in the corrupt
activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony
under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United
States or of any other state, shall
constitute a felony under the
law of the United States or
the other state and would be a
criminal offense under the law of this
state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable
instrument,
a
commercial interest, or anything of value, as
defined in section
1.03 of the Revised Code, or any other
property or service that
has a value in excess of one hundred
dollars.
(G) "Person" means any person, as defined in section 1.59
of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05,
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32,
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2)
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of
section 1707.44; division
(A)(1) or (2) of
section 2923.20;
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or
4719.06; division (C), (D), or
(E) of section
4719.07; section
4719.08; or division (A) of section 4719.09 of
the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after
July 1, 1996, and that, had it occurred prior to that
date, would have been a
violation of section 3769.11 of the
Revised Code
as it existed prior to that date, or any violation of
section 2915.05 of the
Revised Code that occurs on or after July
1, 1996, and
that, had it occurred prior to that date, would
have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised
Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the
Revised Code, any violation of section 2925.11 of the
Revised Code that is a
felony of the first, second, third, or
fourth degree and that occurs on or
after July 1, 1996, any
violation of section 2915.02 of the Revised Code
that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred
prior to that date, would not
have been a violation of
section 3769.11 of the Revised Code as it existed
prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of
section 2915.05 of the Revised Code as it
exists on and after July
1, 1996, when the proceeds of the violation, the
payments made in
the violation, the amount of a claim for payment or for
any other
benefit that is false or deceptive and that is involved
in the
violation, or the value of the contraband or other
property
illegally possessed, sold, or purchased in the violation
exceeds
five hundred one thousand dollars, or any combination of
violations described
in
division (I)(2)(c) of this section when
the total proceeds of
the combination
of violations, payments made
in the combination of
violations,
amount of the claims for payment
or for other benefits
that is
false or deceptive and that is
involved in the combination
of
violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five hundred
one thousand dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed,
sold, or purchased in the violation or combination of
violations
exceeds five hundred one thousand dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this
section and violations of section
2907.32 of the
Revised Code involving any material or performance
containing a
display of bestiality or of sexual conduct, as
defined in section
2907.01 of the Revised Code, that is explicit
and depicted with
clearly visible penetration of the genitals or
clearly visible
penetration by the penis of any orifice when the
total proceeds of
the combination of violations, payments made in
the combination of
violations, amount of the claims for payment
or for other benefits
that is false or deceptive and that is
involved in the combination
of violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five hundred
one thousand dollars.
(3) Conduct constituting a violation of any law of any
state
other than this state that is substantially similar to the
conduct
described in division (I)(2) of this section, provided
the
defendant was convicted of the conduct in a criminal
proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any
interest
in real property, including, but not limited to, any
lease of, or
mortgage upon, real property. Real property and any
beneficial
interest in it is deemed to be located where the real
property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which
the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real
property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with
the will annexed, testamentary trustee, guardian, or
committee,
appointed by, under the control of, or accountable
to a court.
(L) "Unlawful debt" means any money or other thing of
value
constituting principal or interest of a debt that is
legally
unenforceable in this state in whole or in part because
the debt
was incurred or contracted in violation of any federal
or state
law relating to the business of gambling activity or
relating to
the business of lending money at an usurious rate
unless the
creditor proves, by a preponderance of the evidence,
that the
usurious rate was not intentionally set and that it
resulted from
a good faith error by the creditor, notwithstanding
the
maintenance of procedures that were adopted by the creditor
to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or
attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of five hundred one thousand dollars
or more from
one or more retail establishments with the intent to
sell,
deliver, or
transfer that property to a retail property
fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds five hundred one thousand dollars, the
value of all
retail property stolen from the retail establishment
or retail
establishments by the same
person or persons within
any
one-hundred-eighty-day period shall
be aggregated.
Sec. 2925.01. As used in this chapter:
(A)
"Administer,"
"controlled substance,"
"dispense,"
"distribute,"
"hypodermic,"
"manufacturer,"
"official written
order,"
"person,"
"pharmacist,"
"pharmacy,"
"sale,"
"schedule I,"
"schedule II,"
"schedule III,"
"schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code.
(B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code.
(C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code.
(D)
"Bulk amount" of a controlled substance means any of
the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative;
(b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant;
(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid.
(E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual.
(F)
"Cultivate" includes planting, watering, fertilizing,
or
tilling.
(G)
"Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or
any
other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States.
(I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any
of the following:
(1) Any compound, mixture,
preparation,
or substance the gas,
fumes, or vapor of which when
inhaled can
induce intoxication,
excitement, giddiness,
irrational behavior,
depression,
stupefaction, paralysis,
unconsciousness,
asphyxiation, or other
harmful physiological
effects, and
includes, but is not limited
to, any of the
following:
(a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer.
(M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1)
"The National Formulary";
(2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the
state
board of pharmacy.
(N)
"Juvenile" means a person under eighteen years of age.
(O)
"Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label
bears,
a
trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises.
(Q)
"School" means any school operated by a board of
education, any community school established under Chapter 3314. of
the Revised Code, or any nonpublic school for which the state
board of education
prescribes minimum standards under section
3301.07 of the Revised
Code, whether or not any instruction,
extracurricular activities,
or training provided by the school is
being conducted at the time
a criminal offense is committed.
(R)
"School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or
leased
by a board of education of a school, the governing authority of a
community school established under Chapter 3314. of the Revised
Code, or the governing body
of a nonpublic school for which the
state board of education prescribes
minimum standards under
section 3301.07 of the Revised Code and
on
which some of the
instruction, extracurricular activities, or
training of the school
is conducted, whether or not any
instruction, extracurricular
activities, or training provided by
the school is being conducted
on the parcel of real property at
the time a criminal offense is
committed.
(S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio.
(U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio.
(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of
this
section and that qualifies a person as a professionally
licensed
person.
(W)
"Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect
under
Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter;
(5) A person licensed under
Chapter
4707. of the Revised
Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the
business
of a debt pooling company by a legislative authority,
under
authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's
license,
hair designer's license,
manicurist's license, esthetician's
license,
natural hair stylist's license, managing
cosmetologist's
license,
managing hair designer's license, managing manicurist's
license, managing
esthetician's
license,
managing natural hair
stylist's license, cosmetology
instructor's license,
hair design
instructor's license,
manicurist
instructor's license,
esthetics
instructor's
license,
natural hair style instructor's
license,
independent contractor's
license,
or tanning facility
permit under
Chapter 4713. of the
Revised
Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code;
(13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or
real
estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code;
(32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or
limited
permit
to practice respiratory therapy under Chapter 4761. of
the
Revised
Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of
the supreme court in compliance with its prescribed and published
rules.
(X)
"Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y)
"L.S.D." means
lysergic acid diethylamide.
(Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form.
(AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish.
(BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense.
(CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code.
(DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code.
(EE)
"Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree.
(FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code.
(GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use.
(HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)(HH)
"Public premises" means any hotel, restaurant,
tavern,
store, arena, hall, or other place of public
accommodation,
business, amusement, or resort.
(JJ)(II) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
(KK)(JJ) "Lawful prescription" means a prescription that is
issued for a legitimate medical purpose by a licensed health
professional authorized to prescribe drugs, that is not altered or
forged, and that was not obtained by means of deception or by the
commission of any theft offense.
(LL)(KK) "Deception" and "theft offense" have the same
meanings
as in section 2913.01 of the Revised Code.
Sec. 2925.03. (A) No person shall knowingly do any of the
following:
(1) Sell or offer to sell a
controlled substance;
(2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance, when the
offender knows or has reasonable cause to believe that the
controlled substance is intended for sale or resale by the
offender or another person.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct is in accordance with
Chapters 3719., 4715.,
4723., 4729., 4730., 4731., and
4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty
of one of the
following:
(1) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
I or
schedule II, with the exception of
marihuana, cocaine, L.S.D.,
heroin, and hashish,
whoever
violates division (A) of this section
is guilty of
aggravated trafficking in drugs. The penalty for the
offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), (e),
or (f) of this section, aggravated trafficking in drugs
is
a felony of the fourth degree,
and division (C) of section
2929.13 of the Revised Code applies in determining
whether
to
impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d),
(e), or (f) of
this section, if the offense was committed in the
vicinity of a school or in
the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the
third degree, and division
(C) of section 2929.13 of the Revised Code applies
in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, aggravated
trafficking in
drugs
is a felony of the third degree, and the court shall impose
as a
mandatory prison term one of the prison terms prescribed for
a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five times the bulk
amount but is less than
fifty times the bulk amount,
aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, aggravated trafficking in drugs is a
felony of the first
degree, and the court shall impose as a
mandatory prison term one
of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved equals or exceeds
fifty times the bulk amount but is less than one
hundred times
the
bulk amount and regardless of whether the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
aggravated trafficking in drugs is a felony of the
first degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved equals or exceeds
one
hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional prison
term prescribed for a major drug
offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
III, IV,
or V, whoever violates division
(A) of this section is guilty of
trafficking in
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
(d), or
(e) of
this section, trafficking in drugs is a felony of
the fifth degree, and
division (C) of section 2929.13 of the
Revised Code applies in determining
whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d),
or (e) of this section,
if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking
in drugs is
a felony of the fourth degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is
within that range and if the offense was committed in the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in drugs
is a felony of the third degree, and there
is a
presumption for a
prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five times the bulk
amount but is less than
fifty times the
bulk amount, trafficking
in drugs is a felony of the third degree, and there
is a
presumption
for a prison term for the offense. If the amount of
the drug
involved is within that range and if the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
trafficking in drugs is a felony of the second degree,
and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
fifty times the bulk
amount, trafficking in drugs is a felony of the second
degree, and
the
court shall impose as a mandatory prison term one of the
prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds fifty times the bulk
amount
and if the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in drugs is a
felony
of the first degree, and the court shall impose as a
mandatory
prison term one of the prison terms prescribed for a
felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish,
whoever violates division (A) of this section
is guilty
of trafficking in marihuana. The penalty for the
offense
shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e),
(f), or (g), or (h) of this section, trafficking in
marihuana is
a felony of the
fifth degree, and
division (C)(B) of
section 2929.13
of the Revised Code applies in determining
whether
to impose a
prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d),
(e), (f), or
(g), or (h) of
this section, if the offense was
committed in
the vicinity of
a school or in the vicinity of a
juvenile,
trafficking in
marihuana is a felony of the fourth
degree, and
division (C)(B) of section 2929.13 of the Revised Code
applies in
determining
whether to impose a prison term on the
offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
two hundred grams
but is less than one thousand
grams, trafficking in
marihuana is a
felony
of the fourth degree, and division (C)(B) of section
2929.13
of the Revised Code
applies in determining whether
to
impose a
prison term on the offender. If the amount of the drug
involved
is
within that range and if the offense was committed in
the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in
marihuana is a felony of the third degree, and
division (C) of
section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
one thousand grams
but is less than five
thousand grams, trafficking in
marihuana is
a felony
of the third degree, and division (C) of section 2929.13
of the Revised Code
applies
in determining whether to impose a
prison term on the offender. If the amount
of the drug involved
is
within that range and if the offense was committed in the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in
marihuana is a felony of the second degree, and
there is a
presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five thousand grams
but is less than twenty
thousand grams, trafficking in
marihuana
is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the
drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
twenty thousand
grams but is less than forty thousand grams, trafficking in
marihuana is a felony of the second degree, and the court shall
impose a mandatory prison term of five, six, seven, or eight
years. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the first
degree.
(g) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds forty thousand
grams, trafficking in marihuana is a felony of the second
degree,
and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds twenty forty
thousand
grams and
if
the offense was committed in the vicinity of
a school
or in the
vicinity of a juvenile, trafficking in
marihuana is a
felony of
the first degree, and the court shall
impose as a
mandatory
prison term the maximum prison term
prescribed for a
felony of
the first degree.
(g)(h) Except as otherwise provided in this division, if
the
offense involves a gift of twenty grams or less of
marihuana,
trafficking in marihuana is a minor misdemeanor upon
a first
offense and a misdemeanor of the third degree upon a
subsequent
offense. If the offense involves a gift of twenty
grams or less
of
marihuana and if the offense was committed in
the vicinity of a
school or in the vicinity of a juvenile,
trafficking in marihuana
is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a
compound,
mixture, preparation, or substance containing cocaine,
whoever violates
division (A) of this section is guilty
of
trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether
to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a
school or in the vicinity of a juvenile,
trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds five grams but is
less than
ten grams of
cocaine
that is not crack cocaine or equals
or exceeds one gram
but is less than five
grams of crack cocaine,
trafficking in cocaine is a felony of the
fourth degree, and there
is a presumption for a prison term for the
offense. If the amount
of the drug involved is within one of those ranges that range and
if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in cocaine is a felony
of the
third degree, and there is a presumption for a prison term
for the
offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten grams but is
less than
one hundred twenty grams
of cocaine that is not crack
cocaine
or
equals or exceeds five grams but is less than ten grams
of
crack
cocaine, trafficking in
cocaine is a felony of
the third
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the third
degree.
If the amount of the drug involved is within one of those ranges
that range
and
if the
offense was committed in the vicinity of a
school or
in
the vicinity of a juvenile,
trafficking in cocaine is
a
felony
of
the second degree, and the court shall impose as a
mandatory
prison term one of the prison terms prescribed for a
felony of
the
second degree.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds one hundred twenty
grams
but is less
than five
hundred twenty-seven grams of cocaine
that is not crack
cocaine or equals or exceeds ten grams
but is
less than
twenty-five grams of crack
cocaine,
trafficking in
cocaine is a
felony of
the second degree, and the court shall
impose as a
mandatory
prison term one of the prison terms
prescribed for a
felony of
the second degree. If the amount of the
drug involved
is
within
one of those ranges that range and
if the
offense
was committed in
the
vicinity of a
school or in the
vicinity of a
juvenile,
trafficking
in
cocaine
is a felony of
the first degree,
and the
court shall
impose as a
mandatory
prison term one of the
prison
terms
prescribed for a
felony of
the first degree.
(f) If the amount of the drug involved equals or exceeds
five
hundred twenty-seven grams but is less than one thousand
hundred
grams
of cocaine
that
is not crack cocaine or equals or
exceeds
twenty-five grams
but is
less than one hundred grams of crack
cocaine and
regardless
of
whether the
offense was committed in
the vicinity of a school
or
in the vicinity of a
juvenile,
trafficking in
cocaine is a
felony
of the first degree, and the
court shall
impose as a
mandatory
prison term one of the prison
terms
prescribed for a
felony of the
first degree.
(g) If the amount of the drug involved equals or exceeds
one
thousand hundred grams of cocaine that is not crack
cocaine or
equals or
exceeds one
hundred grams of crack cocaine
and
regardless of
whether the offense was committed in the vicinity of
a
school or
in the vicinity of a juvenile, trafficking in cocaine
is a felony
of the first degree, the offender is a major drug
offender,
and
the court shall impose as a mandatory prison term
the maximum
prison term prescribed for a felony of the first
degree and may
impose an additional mandatory prison term
prescribed for a major
drug offender under division (D)(3)(b)
of
section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a
compound, mixture, preparation, or substance containing
L.S.D.,
whoever violates division
(A) of this section is guilty of
trafficking in
L.S.D. The penalty for the offense
shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether
to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
ten unit doses but
is less than fifty unit doses
of L.S.D. in a solid form or equals
or exceeds one gram
but is less than five grams of L.S.D. in a
liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there
is a presumption for a prison term for the offense. If
the amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
fifty unit doses but
is less than two hundred
fifty unit doses
of L.S.D. in a solid
form or equals or exceeds five grams
but is less than twenty-five
grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid
distillate form,
trafficking
in
L.S.D. is a felony of the third
degree,
and the court shall impose as a mandatory prison term one
of the
prison terms prescribed for a felony of the third degree.
If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
second degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the second
degree.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
two hundred fifty
unit doses but is less than
one thousand
unit doses
of L.S.D. in a
solid form or equals or exceeds twenty-five
grams but
is less than
one hundred grams of L.S.D. in a
liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a
felony of the second degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the second degree. If
the amount of the drug involved
is
within that range and if the
offense was committed in the
vicinity
of a school or in the
vicinity of a juvenile, trafficking
in
L.S.D. is a felony of the first degree,
and the court shall
impose
as a mandatory prison term one of the
prison terms
prescribed for
a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand unit doses but is less than five
thousand unit
doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of L.S.D. in a
liquid
concentrate,
liquid extract, or liquid distillate form
and regardless of
whether the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in
L.S.D. is a felony
of the
first degree, and the court shall impose as a mandatory
prison
term one of the prison terms prescribed for a felony of the
first
degree.
(g) If the amount of the drug involved equals or exceeds
five
thousand unit doses
of L.S.D. in a solid form or equals or
exceeds
five
hundred grams of
L.S.D. in a liquid concentrate,
liquid
extract, or
liquid
distillate form
and regardless of
whether the
offense was committed
in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in
L.S.D. is
a
felony
of the
first degree, the offender is a major drug
offender, and
the court
shall impose as a
mandatory prison term the maximum
prison term
prescribed for a
felony of the first degree and may
impose an
additional mandatory
prison term prescribed for a major
drug
offender under
division (D)(3)(b) of section 2929.14 of
the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c),
(d),
(e), (f), or (g) of this section,
trafficking in heroin is a
felony of the fifth degree, and division
(C) of section 2929.13 of
the Revised Code applies in determining whether to
impose
a prison
term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d),
(e),
(f), or (g) of this section, if the offense was committed
in
the vicinity
of a school
or in the vicinity of a juvenile,
trafficking in heroin is a
felony of the fourth degree, and
division (C) of section 2929.13 of the
Revised Code
applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten unit doses but
is less than
fifty unit doses or equals or exceeds
one gram but is
less than five grams,
trafficking in heroin is a felony of
the
fourth degree,
and there is a presumption for a prison term for
the offense. If
the amount of the drug involved is within that
range and if the
offense was committed in the vicinity of a school
or in the
vicinity of a juvenile, trafficking in heroin is a
felony of the
third degree, and there is a presumption for a
prison term for
the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds fifty unit doses but
is less than
one hundred unit doses or equals or exceeds five
grams but is less than ten grams, trafficking in
heroin is a
felony of the
third degree,
and there is a presumption for a
prison term for the offense.
If the amount of the drug involved
is within that range and if
the offense was committed in the
vicinity of a school or in the
vicinity of a juvenile, trafficking
in heroin is a felony of the
second degree, and there is a
presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds one hundred unit
doses but is less
than five hundred unit doses or equals or
exceeds
ten grams but is less than fifty grams,
trafficking in
heroin is a felony
of the second degree,
and the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the second degree. If
the amount of
the
drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in heroin is a felony of the
first degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved equals or exceeds
five
hundred unit
doses but is less than two thousand five hundred
unit
doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams and regardless of
whether the offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
heroin is a felony of the first degree,
and the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in
heroin is a felony of the first
degree, the
offender is a major drug offender,
and the court shall impose as a
mandatory prison term the
maximum prison term prescribed for a
felony of the first degree
and may impose an additional mandatory
prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f), or (g) of this section,
trafficking in hashish
is a
felony of the fifth degree, and division
(C)(B) of section
2929.13 of
the Revised Code applies in determining whether to
impose
a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d),
(e), or (f), or (g)
of this section, if the offense was committed
in the
vicinity
of a
school or in the vicinity of a juvenile,
trafficking
in hashish
is a felony of the fourth degree, and
division (C)(B) of
section 2929.13
of the Revised Code applies in
determining whether
to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten grams but is
less than
fifty grams of
hashish in a solid form or equals or
exceeds two grams but is less
than ten grams of
hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and
division (C)(B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If
the amount of
the drug involved is within that range
and if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in hashish is a felony
of the
third degree, and division (C) of section 2929.13 of the Revised
Code
applies
in determining whether to impose a prison term on the
offender.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds fifty grams but is
less
than two hundred fifty
grams of hashish in a solid form or
equals or exceeds ten grams but
is less than
fifty grams of
hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third
degree, and division (C) of section 2929.13 of the Revised Code
applies
in
determining whether to impose a prison term on the
offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in
the vicinity of a juvenile, trafficking in hashish is a felony
of
the second degree, and
there is a presumption that a prison term
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds two hundred fifty
grams but
is less than one
thousand grams of hashish in a solid
form or equals or exceeds fifty
grams but is less than two hundred
grams of hashish in a liquid
concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the
third degree, and there is a presumption that a prison term shall
be
imposed for the offense. If the amount of the drug involved is
within
that range and if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in
hashish
is a felony of the second degree, and there is a
presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
one thousand grams
but is less than two thousand grams
of hashish in a solid form or
equals or exceeds two
hundred grams but is less than four hundred
grams
of
hashish in a liquid concentrate, liquid extract, or
liquid
distillate form trafficking in hashish is a felony of the
second degree, and the court shall impose a mandatory prison term
of five, six, seven, or eight years. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in hashish is a felony of the first degree, and the
court shall impose as a mandatory prison term the maximum prison
term prescribed for a felony of the first degree.
(g) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two thousand grams
of hashish in a solid form or equals or exceeds four hundred grams
of hashish in a liquid concentrate, liquid extract, or liquid
distillate form,
trafficking in
hashish is a felony of the second
degree, and the court shall
impose as a mandatory prison term the
maximum prison term
prescribed for a felony of the second degree.
If the amount of the drug
involved
is within that range
equals or
exceeds two thousand grams of hashish in a solid form or equals or
exceeds four hundred grams of hashish in a liquid concentrate,
liquid extract, or liquid distillate form and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in hashish is a felony of
the
first degree,
and the court shall impose as a mandatory prison
term the maximum
prison term prescribed for a felony of the first
degree.
(D) In addition to any prison term authorized
or required by
division (C) of this section and sections
2929.13 and 2929.14 of
the Revised Code, and in
addition to any other sanction imposed
for the offense under this
section or sections 2929.11 to 2929.18
of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of
this section shall do all of the following that
are applicable
regarding the offender:
(1) If the violation of division (A) of this
section is a
felony of the first, second, or third degree, the
court shall
impose upon the offender the mandatory fine specified
for the
offense under division (B)(1) of section 2929.18
of the Revised
Code unless, as specified in that
division, the court determines
that the offender is indigent. Except as
otherwise provided in
division (H)(1) of this section, a
mandatory fine or any other
fine imposed for a violation of this
section is subject to
division (F) of this
section. If a person is charged with a
violation of this section
that is a felony of the first, second,
or third degree, posts
bail, and forfeits the bail, the clerk of
the court shall pay the
forfeited bail
pursuant to divisions
(D)(1) and
(F) of this section, as if the forfeited bail was a
fine
imposed for a violation of this section. If any amount of
the
forfeited bail
remains after that payment and if a fine is
imposed
under division (H)(1) of
this section, the clerk of the
court
shall pay the remaining amount of the
forfeited bail
pursuant to
divisions (H)(2) and (3) of this section, as if
that
remaining
amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall
suspend the driver's or
commercial
driver's license or permit of the offender in
accordance with
division (G) of this section.
(3) If the offender is a professionally licensed person,
the
court
immediately shall comply with section 2925.38 of
the
Revised
Code.
(E) When a person is charged with the
sale of or offer to
sell a bulk amount
or a multiple of a bulk amount of a controlled
substance, the jury, or the
court trying the
accused, shall
determine the amount of the controlled substance
involved at the
time of the offense and, if a guilty verdict is
returned, shall
return the findings as part of the verdict. In
any such case, it
is unnecessary to find and return the exact
amount of the
controlled substance involved, and it is sufficient if the
finding
and return is to the effect that the amount of the
controlled
substance involved is the requisite
amount, or that the amount of
the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H)
of this
section, the clerk of the court shall pay any mandatory
fine imposed pursuant
to division (D)(1) of this section and any
fine other than a
mandatory fine that is imposed for
a violation
of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal
corporation, park district, as
created pursuant to section 511.18
or 1545.04 of the Revised
Code, or state law enforcement agencies
in this state that
primarily were responsible for or involved in
making the arrest
of, and in prosecuting, the offender. However,
the clerk shall not
pay a mandatory fine
so imposed to a law
enforcement agency unless the
agency has adopted a written
internal control policy under
division (F)(2) of this section that
addresses the use of
the
fine moneys that it receives. Each
agency
shall use
the mandatory fines so paid to subsidize the
agency's
law enforcement
efforts that
pertain to drug offenses, in
accordance with the written internal
control policy adopted by the
recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B) of section 2925.42 of
the
Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those
fine moneys, the general types of expenditures made out of
those
fine moneys, and the specific amount of each general type
of
expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of
expenditure by an agency are public records open for
inspection
under section 149.43 of the Revised Code.
Additionally, a written
internal control policy adopted under
this division is such a
public record, and the agency that
adopted it shall comply with
it.
(b) Each law enforcement agency that receives in any
calendar
year any fine moneys under division (F)(1) of this
section or
division (B) of section 2925.42 of the Revised Code
shall prepare
a report covering the calendar year that cumulates
all of the
information contained in all of the public financial
records kept
by the agency pursuant to division (F)(2)(a) of this
section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general. Each report received by the attorney
general is a public
record open for inspection under section
149.43 of the Revised
Code. Not later than the fifteenth
day of
April in the calendar
year in which the reports
are received, the
attorney general shall
send
to the president of the senate
and the
speaker of the house
of representatives
a written notification
that does all of the
following:
(i) Indicates that the attorney general has received from
law
enforcement agencies reports of the type described in this
division that
cover
the previous
calendar year and indicates that
the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under
section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy
of any or all of the reports to the
president of the senate
or the
speaker of the house of
representatives upon request.
(3) As used in division
(F) of this section:
(a)
"Law enforcement agencies" includes, but is not
limited
to, the state board of pharmacy and the office of a
prosecutor.
(b)
"Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(G) When required under division
(D)(2) of
this section
or
any other provision of this chapter, the court
shall suspend for
not less than six months
or
more than five years the driver's or
commercial driver's license
or permit
of any person who is
convicted of or pleads guilty to
any
violation of this section
or
any other specified
provision of this chapter. If an offender's
driver's or
commercial driver's license or permit is
suspended
pursuant to this
division,
the offender, at any time after the
expiration of two years from
the day on which the offender's
sentence was imposed or from the
day on
which the offender finally
was released from a
prison
term under the
sentence, whichever is
later, may file a motion with the
sentencing court requesting
termination of the
suspension; upon
the filing of such
a motion
and the court's finding of good cause
for the
termination, the
court may terminate the
suspension.
(H)(1) In addition to any prison term
authorized or required
by division (C) of this section and
sections 2929.13 and 2929.14
of the
Revised Code, in addition to any other
penalty or sanction
imposed for the offense under this section
or sections 2929.11 to
2929.18 of the
Revised Code, and in addition to the
forfeiture of
property in connection with the offense as
prescribed in Chapter
2981. of the
Revised Code, the court that sentences
an offender
who is convicted of or pleads guilty to a violation
of
division
(A) of this section may impose upon the offender an
additional
fine specified for the offense in
division (B)(4) of
section
2929.18 of the Revised Code. A fine imposed under
division (H)(1)
of this section
is not subject to division (F) of
this section and
shall
be used solely for the support of one or
more eligible
alcohol
and drug addiction programs in accordance
with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of
this section shall
specify in the judgment that imposes the fine
one or more
eligible alcohol and drug addiction programs for the
support of
which the fine money is to be used. No alcohol and
drug
addiction program shall receive or use money paid or
collected
in
satisfaction of a fine imposed under division
(H)(1)
of this
section unless
the program is specified in the judgment
that
imposes the fine.
No alcohol and drug addiction program
shall be
specified in the
judgment unless the program is an
eligible
alcohol and drug
addiction program and, except as
otherwise
provided in division
(H)(2) of this section, unless
the
program is
located in the county in which the court that
imposes
the fine is
located or in a county that is immediately
contiguous
to the
county in which that court is located. If no
eligible
alcohol and
drug addiction program is located in any
of those
counties, the
judgment may specify an eligible alcohol
and drug
addiction
program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the court
shall pay any
fine
imposed under division
(H)(1) of this section to the eligible
alcohol and drug addiction
program specified pursuant to division
(H)(2) of this section in the
judgment. The eligible alcohol and
drug addiction program that receives the
fine moneys shall use the
moneys only for the
alcohol and drug addiction services identified
in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section
3793.11 of the Revised Code filed with
the department of alcohol
and drug addiction services by the alcohol and drug
addiction
program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in
a calendar year any fine moneys under division
(H)(3) of this
section shall
file an annual report covering that calendar year
with the court
of common pleas and the board of county
commissioners of the
county in which the program is located, with
the court of common pleas and the
board of county commissioners of
each county from which the program received
the moneys if that
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug
addiction
program shall file the report no later than the first
day of March in
the calendar year
following the calendar year in
which the program received the
fine moneys. The report shall
include statistics on the number
of persons served by the alcohol
and drug addiction program,
identify the types of alcohol and drug
addiction services
provided to those persons, and include a
specific accounting of
the purposes for which the fine moneys
received were used. No
information contained in the report shall
identify, or enable a
person to determine the identity of, any
person served by the
alcohol and drug addiction program. Each
report received by a
court of common pleas, a board of county
commissioners, or the
attorney general is a public record open for
inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a)
"Alcohol and drug addiction
program" and
"alcohol and
drug addiction services" have the same
meanings as in section
3793.01 of the Revised Code.
(b)
"Eligible alcohol and drug
addiction program" means an
alcohol and drug addiction program
that is certified under section
3793.06 of the
Revised Code or licensed under section
3793.11 of
the Revised Code by the department of
alcohol and drug addiction
services.
(I) As used in this section, "drug" includes any substance
that is represented to be a drug.
Sec. 2925.05. (A) No person shall knowingly
provide money
or
other items of value to another person with the
purpose that
the
recipient of the money or items of value use
them to obtain
any
controlled substance for the purpose of
violating section
2925.04
of the Revised
Code
or for the purpose of selling or
offering to
sell the
controlled substance in the following amount:
(1) If the drug to be sold or offered for sale is any
compound, mixture, preparation, or substance included in
schedule
I or
II, with the exception of
marihuana, cocaine,
L.S.D.,
heroin,
and hashish, or schedule III,
IV, or
V, an amount of the drug that
equals or exceeds the bulk amount of the drug;
(2) If the drug to be sold or offered for sale is
marihuana
or a compound, mixture, preparation, or substance
other than
hashish containing marihuana, an amount of the
marihuana that
equals or exceeds two hundred grams;
(3) If the drug to be sold or offered for sale is cocaine
or
a compound, mixture, preparation, or substance containing
cocaine,
an amount of the cocaine that equals or exceeds five
grams if the
cocaine is not crack cocaine or equals or exceeds
one gram if the
cocaine is crack cocaine;
(4) If the drug to be sold or offered for sale is
L.S.D.
or
a
compound, mixture, preparation, or substance containing
L.S.D.,
an
amount of the
L.S.D. that
equals or exceeds ten unit doses if
the
L.S.D.
is in a solid form or equals or exceeds one gram if the
L.S.D.
is in a liquid concentrate, liquid extract, or liquid
distillate
form;
(5) If the drug to be sold or offered for sale is heroin
or
a
compound, mixture, preparation, or substance containing
heroin,
an
amount of the heroin that equals or exceeds ten unit
doses or
equals or exceeds one gram;
(6) If the drug to be sold or offered for sale is hashish
or
a compound, mixture, preparation, or substance containing
hashish,
an amount of the hashish that equals or exceeds ten
grams if the
hashish is in a solid form or equals or exceeds two
grams if the
hashish is in a liquid concentrate, liquid extract,
or liquid
distillate form.
(B) This section does not apply to any person
listed in
division (B)(1), (2), or (3) of section 2925.03
of the Revised
Code to the extent and under the
circumstances described in those
divisions.
(C)(1) If the drug involved in the violation is
any
compound,
mixture, preparation, or substance included in
schedule
I or II,
with the exception of
marihuana, whoever violates
division (A) of
this section
is guilty of aggravated funding of
drug trafficking,
a felony of
the first degree, and, subject to
division (E) of this
section, the court shall impose as a
mandatory prison term one of
the prison terms prescribed for a
felony of the first degree.
(2) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
III, IV,
or V, whoever violates division
(A) of this section is guilty of
funding of drug
trafficking, a felony of the second degree, and
the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the second degree.
(3) If the drug involved in the violation is marihuana,
whoever violates division (A) of this section is guilty
of funding
of marihuana trafficking, a felony of the third
degree, and the
court shall impose as a mandatory prison
term one of the prison
terms prescribed for a felony of the
third degree.
(D) In addition to any prison term authorized
or required by
division (C) or (E) of this
section and sections 2929.13 and
2929.14 of the Revised
Code and in addition to any other sanction
imposed for
the offense under this section or sections 2929.11 to
2929.18 of
the Revised Code, the court that sentences an
offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender:
(1) The court shall impose the mandatory fine specified
for
the offense under division (B)(1) of section 2929.18
of the
Revised Code unless, as specified in that
division, the court
determines that the offender is
indigent. The clerk of the court
shall pay a mandatory fine or
other fine imposed for a violation
of this section pursuant to
division (A) of section 2929.18 of the
Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised
Code. The agency
that receives the fine shall use the
fine in accordance with
division (F) of section 2925.03
of the Revised Code. If a person
is charged with
a violation of this section, posts bail, and
forfeits the bail,
the forfeited bail shall be paid as if the
forfeited bail were a
fine imposed for a violation of this
section.
(2) The court shall
suspend
the offender's
driver's or
commercial driver's license or permit in accordance
with division
(G)
of section 2925.03 of the
Revised Code. If an
offender's
driver's or
commercial driver's license or permit is
suspended in
accordance
with that division, the offender
may request
termination
of, and
the court may terminate, the
suspension in
accordance
with that
division.
(3) If the offender is a professionally licensed person,
the
court
immediately shall comply with section 2925.38 of
the
Revised
Code.
(E) Notwithstanding the prison term otherwise
authorized or
required for the offense under division (C)
of this section and
sections 2929.13 and 2929.14 of the
Revised Code, if the violation
of division
(A) of this section involves the sale, offer to sell,
or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender
as a result of the violation
is a major drug offender and is guilty
of a specification of the
type described in section 2941.1410 of the Revised
Code, the
court, in lieu of the prison term otherwise authorized or
required, shall impose upon the offender the mandatory prison
term
specified in division (D)(3)(a) of
section 2929.14 of the Revised
Code and may
impose an additional prison term under division
(D)(3)(b) of that section.
Sec. 2925.11. (A) No person shall knowingly obtain,
possess,
or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct was in accordance
with Chapters 3719.,
4715., 4723., 4729., 4730., 4731.,
and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance
pursuant
to a lawful prescription issued by a licensed health
professional
authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of
one of the following:
(1) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule I or II,
with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and
hashish, whoever violates division (A) of
this section is guilty
of aggravated possession of drugs. The
penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), or (e) of
this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds
five
times the bulk amount but is less than
fifty times the
bulk
amount, aggravated possession of drugs is a felony of the
second
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the
second degree.
(d) If the amount of the drug involved equals or exceeds
fifty times
the bulk amount
but is less than one hundred times the
bulk
amount, aggravated possession
of drugs is a felony of the
first degree, and the court shall impose as a
mandatory prison
term one of the prison terms prescribed for a felony of the
first
degree.
(e) If the amount of the drug involved equals or exceeds one
hundred
times the bulk
amount, aggravated possession of drugs is a
felony of the first degree, the
offender is a major drug offender,
and
the court shall impose as a mandatory prison term the maximum
prison term
prescribed for a felony of the first degree and may
impose an additional
mandatory prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule III, IV,
or V,
whoever violates division (A) of this section is
guilty of
possession of
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
or (d) of this section,
possession of drugs is a misdemeanor of
the first degree or, if the offender previously
has been
convicted
of a drug abuse offense, a
felony of the fifth
degree.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to
impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds
five
times the bulk amount but is less than
fifty times the
bulk
amount, possession of drugs is a felony of the third degree,
and
there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender
as
a mandatory prison term one of the prison terms prescribed for
a
felony of the second degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish, whoever violates
division (A) of this
section
is guilty of possession of marihuana. The penalty for
the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e), or
(f), or (g) of this section, possession of marihuana
is a
minor
misdemeanor.
(b) If the amount of the drug involved equals
or exceeds one
hundred grams but is less than
two hundred
grams, possession of
marihuana is a misdemeanor of the fourth
degree.
(c) If the amount of the drug involved equals or exceeds
two
hundred grams but is less than one thousand
grams,
possession of
marihuana is a felony of the fifth degree, and
division (B) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
one
thousand grams but is less than five
thousand grams,
possession of
marihuana is a felony of the third degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(e) If the amount of the drug involved equals or exceeds
five
thousand grams but is less than twenty
thousand grams,
possession
of marihuana is a felony of the third degree, and
there
is a
presumption that a prison term shall be imposed for
the
offense.
(f) If the amount of the drug involved equals or exceeds
twenty thousand grams but is less than forty thousand grams,
possession of marihuana is a felony of the second degree, and the
court shall impose a mandatory prison term of five, six, seven, or
eight years.
(g) If the amount of the drug involved equals or exceeds
forty thousand grams, possession of marihuana is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the
second
degree.
(4) If the drug involved in
the violation is cocaine or a
compound, mixture, preparation, or substance
containing cocaine,
whoever violates division (A)
of this section is guilty of
possession of cocaine. The penalty
for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, possession of cocaine is a
felony of the
fifth degree, and division (B) of section 2929.13 of
the Revised Code
applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
five
grams but is less than twenty-five ten grams of
cocaine that is
not
crack
cocaine or equals or exceeds one gram but is less than
five
grams
of crack cocaine, possession of
cocaine is a felony of
the
fourth degree, and there is a
presumption for a prison term
for
the offense division (B) of section 2929.13 of the Revised
Code
applies in determining whether to impose a prison term on
the
offender.
(c) If the amount of the drug involved equals or exceeds
twenty-five ten grams but is less than one hundred
twenty grams
of
cocaine
that is not crack cocaine or equals or
exceeds five
grams
but is
less than ten grams of crack cocaine,
possession of
cocaine
is a
felony of the third degree, and the
court shall
impose as a
mandatory prison term one of the prison
terms
prescribed for a
felony of the third degree.
(d) If the amount of the drug involved equals or exceeds
one
hundred twenty grams but is less than five hundred
twenty-seven
grams
of cocaine that
is not crack cocaine or equals or
exceeds
ten grams but is less
than twenty-five grams of crack cocaine,
possession
of
cocaine is
a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five
hundred twenty-seven grams but is less than one thousand
hundred
grams
of cocaine
that
is not crack cocaine or
equals or exceeds
twenty-five grams
but
is
less than one hundred grams of crack
cocaine,
possession of
cocaine is a felony of the first degree,
and the
court shall
impose as a mandatory prison term one of the
prison
terms
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand hundred grams of cocaine that is not crack
cocaine or
equals or
exceeds one
hundred grams of crack cocaine, possession
of cocaine
is a felony of
the first degree, the offender is a
major drug
offender, and the
court shall impose as a mandatory
prison
term
the maximum prison term prescribed for a felony of the
first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of
section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D., whoever
violates division
(A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall
be determined as
follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), or (f) of this section, possession of L.S.D. is a
felony
of the fifth degree, and division (B) of section 2929.13 of the
Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten
unit doses
but is less than fifty unit doses
of L.S.D. in a solid
form or equals or exceeds one gram
but is less than five grams of
L.S.D.
in a liquid concentrate, liquid extract, or liquid
distillate
form, possession of
L.S.D. is a felony of the fourth
degree,
and division (C) of section 2929.13 of the Revised Code
applies in determining
whether to impose a prison term on the
offender.
(c) If the amount of
L.S.D. involved equals or exceeds fifty
unit doses,
but is less than two hundred fifty unit doses
of
L.S.D. in a solid form or equals or exceeds five grams
but is less
than twenty-five grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the third degree, and there is a
presumption for a
prison term for the offense.
(d) If the amount of
L.S.D. involved equals or exceeds two
hundred fifty
unit doses but is less than one thousand unit
doses
of L.S.D. in a solid form or equals or exceeds twenty-five
grams
but is less than one hundred grams of
L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
possession
of L.S.D. is a felony of the
second degree, and the court shall
impose as a mandatory prison
term one of the prison terms
prescribed for a felony of the
second degree.
(e) If the amount of
L.S.D. involved equals or exceeds one
thousand unit
doses but is less than five thousand unit doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of
L.S.D.
in a liquid concentrate,
liquid extract, or liquid distillate
form, possession of L.S.D. is
a felony of the first degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the first degree.
(f) If the amount of
L.S.D. involved equals or exceeds five
thousand
unit doses
of L.S.D. in a solid form or equals or exceeds
five
hundred grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional mandatory
prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(6)(b), (c),
(d), (e), or
(f) of this section, possession of heroin is a felony
of the fifth
degree, and division (B) of section 2929.13 of the
Revised Code applies in
determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds ten
unit doses
but is less than fifty unit doses or equals or exceeds
one gram but is less than five grams, possession
of heroin is
a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on
the offender.
(c) If the amount of the drug involved equals or exceeds
fifty unit doses
but is less than one hundred unit doses or equals
or exceeds
five grams but is less than ten grams,
possession of
heroin is
a felony of the third degree, and there is a presumption
for a
prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one
hundred unit
doses but is less than five hundred unit doses or
equals or exceeds
ten grams but is less than fifty grams,
possession of heroin
is a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five
hundred unit
doses but is less than two thousand five hundred
unit
doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams,
possession of heroin is a felony of the first
degree, and the
court shall impose as a mandatory prison term one
of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams, possession of heroin is a felony of the
first degree,
the offender is a major drug offender, and the
court shall impose
as a mandatory prison
term the maximum prison term prescribed for
a felony of the first
degree and may impose an additional
mandatory prison term
prescribed for a major drug offender under
division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f), or (g) of this section, possession of hashish is
a minor
misdemeanor.
(b) If the amount of the drug involved equals or exceeds
five
grams but is less than ten grams of hashish
in a solid form
or
equals
or exceeds one gram but is less than two grams
of
hashish
in a liquid
concentrate, liquid extract, or liquid
distillate
form, possession of
hashish is a misdemeanor of the
fourth degree.
(c) If the amount of the drug involved equals or exceeds
ten
grams but is less than fifty grams of
hashish in a solid form or
equals or
exceeds two grams but is less than ten grams of
hashish
in a liquid
concentrate, liquid extract, or liquid distillate
form,
possession of hashish is a felony of the fifth degree, and
division
(B) of section 2929.13 of the Revised Code applies in
determining whether to
impose
a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
fifty grams but is less than two hundred fifty
grams of hashish in
a solid
form or equals or exceeds ten grams but is
less than fifty
grams of hashish in a
liquid concentrate, liquid extract, or
liquid distillate form,
possession of hashish is a felony of the
third degree, and division
(C) of section 2929.13 of the Revised
Code applies in determining whether to impose
a prison term on the
offender.
(e) If the amount of the drug involved equals or exceeds
two
hundred fifty grams but is less than one
thousand grams of hashish
in a
solid form or equals or exceeds fifty grams but
is less than
two hundred grams of
hashish in a liquid concentrate, liquid
extract, or liquid distillate form,
possession of hashish is a
felony of the third degree, and there is a
presumption that a
prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams but is less than two thousand grams of hashish in a
solid form or equals or exceeds two
hundred grams but is less than
four hundred grams of
hashish in a liquid concentrate, liquid
extract,
or liquid distillate form possession of hashish is a
felony of the second degree, and the court shall impose a
mandatory prison term of five, six, seven, or eight years.
(g) If the amount of the drug involved equals or exceeds two
thousand grams of hashish in a solid form or equals or exceeds
four hundred grams of hashish in a liquid concentrate, liquid
extract, or liquid distillate form,
possession of hashish is a
felony of
the
second degree, and the court shall impose as a
mandatory
prison
term the maximum prison term prescribed for a
felony of the
second
degree.
(D) Arrest or conviction for a minor misdemeanor violation
of
this section does not constitute a criminal record and need
not
be
reported by the person so arrested or convicted in
response to
any
inquiries about the person's criminal record,
including any
inquiries contained in any application for
employment, license, or
other right or privilege, or made in
connection with the person's
appearance as a witness.
(E) In addition to any prison term
or jail term authorized
or
required by
division (C) of this section and sections
2929.13,
2929.14, 2929.22, 2929.24, and 2929.25 of
the Revised Code
and in
addition to any other sanction that is
imposed for the
offense
under this section, sections 2929.11 to
2929.18, or
sections
2929.21 to 2929.28 of
the
Revised Code, the court that
sentences
an
offender
who is convicted of or pleads guilty to a
violation of
division
(A) of this section shall do all of the
following that
are
applicable regarding the offender:
(1)(a) If the violation is a felony of the
first, second, or
third degree, the court shall impose upon the
offender the
mandatory fine specified for the offense under
division (B)(1) of
section 2929.18 of the Revised
Code unless, as specified in that
division, the court
determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the
court shall pay a
mandatory
fine or other fine
imposed for a violation of this
section
pursuant to division (A) of section
2929.18 of the Revised
Code in
accordance with and subject to the requirements
of
division (F) of
section 2925.03 of the Revised Code. The agency
that
receives the
fine shall use the fine as specified in division
(F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section
that is a felony
of the first, second, or third degree, posts
bail, and forfeits the bail, the
clerk shall pay the forfeited
bail pursuant to division
(E)(1)(b) of this section as if it were
a mandatory fine
imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or
more than five
years the
offender's driver's or commercial
driver's license
or permit.
(3) If the offender is a professionally licensed person, in
addition to any other sanction imposed
for
a violation of this
section, the court
immediately
shall comply with section
2925.38
of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that
gave
rise
to the charge is in an
amount, is in a form, is
prepared, compounded, or mixed with substances that
are
not
controlled substances in a manner, or is possessed
under any
other
circumstances, that indicate that the substance was possessed
solely for
personal use.
Notwithstanding any contrary provision
of this section, if, in accordance
with section 2901.05 of the
Revised Code, an accused who is charged with a
fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this
section
sustains the burden of going forward with evidence of and
establishes by a
preponderance of the evidence the affirmative
defense described in this
division, the accused may be prosecuted
for and may plead guilty to or be
convicted of a misdemeanor
violation of division (C)(2) of this
section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount
or
multiple of a bulk amount, division (E) of section 2925.03 of
the
Revised Code
applies regarding the determination of the amount
of
the controlled substance
involved at the time of the offense.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation.
(b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison.
(B)
"Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code.
(D) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.58 of the
Revised Code.
(E) "Community control sanction"
means a sanction that is
not
a prison term and that is described
in section 2929.15,
2929.16,
2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not
a jail term and that is described in
section 2929.26,
2929.27, or
2929.28 of the Revised Code.
"Community control
sanction"
includes probation if the sentence involved was
imposed
for a
felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004.
(F) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(G) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(H) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center.
(I) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(J) "Drug and alcohol use monitoring"
means a program
under
which an offender agrees to submit to
random chemical
analysis of
the offender's blood, breath, or urine to
determine
whether the
offender has ingested any alcohol or other
drugs.
(K) "Drug treatment program" means
any program under which
a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any
economic detriment suffered
by
a victim as a direct and proximate result of the commission of
an
offense and includes
any loss
of income due to lost
time at
work
because of any injury
caused to the victim, and any
property
loss,
medical cost, or
funeral expense incurred as a
result of
the
commission of the
offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent.
(N)
"Firearm" has the same meaning as
in section 2923.11
of
the Revised Code.
(O) "Halfway house" means a facility
licensed by the
division
of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises
specified by the
sentencing court or by the parole
board
pursuant
to section 2967.28 of the Revised Code and during which all of
the
following apply:
(1) The
offender is required to remain in the
offender's
home
or other specified premises
for the
specified period of
confinement, except for periods of time
during
which the
offender
is at the
offender's place of
employment or at other
premises as
authorized by the sentencing
court or by the parole board.
(2) The
offender is required
to report periodically
to a
person designated by the
court or parole board.
(3) The
offender is subject to any other
restrictions and
requirements that may be imposed by the
sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision"
includes intensive parole supervision and intensive
post-release
control supervision.
(R) "Jail" means a jail, workhouse,
minimum security
jail,
or
other residential facility
used for the confinement of
alleged
or
convicted offenders that
is operated by a political
subdivision
or
a combination of
political subdivisions of this
state.
(S) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B)
of section
4510.14 of the Revised Code, or division
(G) of section
4511.19 of
the Revised Code or pursuant to any
other provision of
the
Revised
Code that requires a term in a
jail for a misdemeanor
conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(V) "License violation report" means
a report that is made
by
a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended.
(W) "Major drug offender" means an
offender who is
convicted
of or pleads guilty to the possession
of, sale of, or
offer to
sell any drug, compound, mixture,
preparation, or
substance that
consists of or contains at least
one thousand grams
of hashish;
at
least one hundred
grams of crack cocaine; at least
one
thousand
grams of cocaine that is not
crack cocaine; at least
two
thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five
hundred grams of
L.S.D. in a
liquid concentrate, liquid extract,
or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other
than marihuana
that is necessary to commit a
felony of the third
degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11
of the Revised
Code
that is based on the possession of, sale of,
or offer to sell
the
controlled substance.
(X) "Mandatory prison term" means any of the
following:
(1) Subject to division (X)(2) of this section,
the term
in
prison that must be imposed for the offenses or
circumstances
set
forth in divisions (F)(1) to (8) or
(F)(12) to (18) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code.
Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05,
and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised
Code, a mandatory prison term described in this division
may be
any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03
of the Revised Code for the offenses and in the
circumstances
described in
division (F)(11) of section 2929.13 of
the Revised
Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and
that term as
modified or
terminated pursuant to
section
2971.05 of the Revised Code.
(Y) "Monitored time" means a period
of time during which
an
offender continues to be under the
control of the sentencing
court
or parole board, subject to no
conditions other than leading
a
law-abiding life.
(Z) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(AA) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following
sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval
of,
the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code.
(CC) "Repeat violent offender" means
a person about whom
both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in
committing any of the following:
(a) Aggravated murder,
murder, any felony of the first or
second degree
that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of
this
section.
(2) The person previously was convicted of or pleaded
guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty
imposed upon an
offender
who is convicted of or pleads guilty to
an offense, as
punishment
for the offense. "Sanction"
includes any sanction
imposed
pursuant
to any provision of
sections 2929.14 to 2929.18
or
2929.24 to
2929.28 of the
Revised Code.
(EE) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense.
(FF) "Stated prison term" means the
prison term,
mandatory
prison term, or combination of all
prison terms and
mandatory
prison terms imposed by the
sentencing court pursuant to
section
2929.14, 2929.142, or 2971.03 of the
Revised Code or under section
2919.25 of the Revised Code. "Stated
prison
term"
includes any
credit received by the offender for
time spent
in
jail awaiting
trial, sentencing, or transfer to
prison for the
offense and any
time spent under house arrest or
house arrest
with
electronic
monitoring imposed after
earning
credits
pursuant to
section
2967.193 of the Revised Code.
(GG) "Victim-offender mediation"
means a reconciliation
or
mediation program that involves an
offender and the victim of
the
offense committed by the offender and that
includes a meeting
in
which the offender and the victim may discuss the
offense,
discuss
restitution, and consider other sanctions for
the offense.
(HH) "Fourth degree felony
OVI offense" means a
violation
of
division (A) of section
4511.19 of the Revised
Code
that,
under
division (G) of that section, is a felony of the fourth
degree.
(II) "Mandatory term of local
incarceration" means the
term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an
alternative
residential facility that a sentencing court may
impose upon a
person who is convicted of or pleads guilty to a
fourth degree
felony
OVI offense pursuant to division (G)(1) of
section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code.
(JJ) "Designated homicide, assault, or kidnapping
offense,"
"violent sex offense,"
"sexual motivation
specification,"
"sexually violent offense,"
"sexually violent
predator," and
"sexually violent predator
specification"
have the
same meanings
as in section 2971.01 of the
Revised Code.
(KK) "Sexually oriented
offense,"
"child-victim oriented
offense," and
"tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01
of the
Revised Code.
(LL) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or
within
the same
residential unit as a child who
is under eighteen
years
of age, regardless of whether the offender knows the
age of
the
child or whether the offender knows the offense is
being
committed
within thirty feet of or within the same residential
unit as
the
child and regardless of whether the child actually
views the
commission of
the offense.
(MM) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony
OVI offense" means a
violation
of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree.
(QQ) "Random drug testing" has the same meaning as in
section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the
use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (UU)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (UU)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(UU)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of
the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered
by
a victim of an offense as a result of or related to the
commission
of the offense, including, but not limited to, pain
and suffering;
loss of society, consortium, companionship, care,
assistance,
attention, protection, advice, guidance, counsel,
instruction,
training, or education; mental anguish; and any
other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent
predator"
if
the person is convicted of or pleads guilty to a
violent sex
offense and also is convicted of or pleads guilty to
a sexually
violent predator specification that was included in
the
indictment, count in the indictment, or information charging
that
violent sex offense or if the person is convicted of or
pleads
guilty to a designated homicide, assault, or kidnapping
offense
and also is convicted of or pleads guilty to both a
sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school"
if
the offender commits the offense in a school safety zone or
within
five hundred feet of any school building or the boundaries
of any
school premises, regardless of whether the offender knows
the
offense is being committed in a school safety zone or within
five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to compel a victim or victims to engage in
sexual activity for hire, to engage in a performance that is
obscene, sexually oriented, or nudity oriented, or to be a model
or participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)
of section 2919.22 of the Revised Code or is a violation of a law
of any state other than this state that is substantially similar
to any of the sections or divisions of the Revised Code identified
in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan, are not isolated instances, and are not so closely related
to each other and connected in time and place that they constitute
a single event or transaction.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state
or local government resources.
If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also shall
impose any financial
sanction pursuant to section 2929.18 of the
Revised
Code that is required for the offense and may impose any
other financial sanction pursuant to that section but may not
impose any additional sanction or
combination of sanctions under
section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory
prison term required for
the offense by
division (G)(1)
or (2) of
this section, the
court shall impose upon the offender a
mandatory
fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is
applicable:
(1) For a fourth degree felony OVI offense for which
sentence
is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control
sanctions under section 2929.16 or 2929.17
of the Revised
Code. If
the court imposes upon the offender a community control sanction
and the offender violates any condition of the community control
sanction, the court may take any action prescribed in division (B)
of section 2929.15 of the Revised Code relative to the offender,
including imposing a prison term on the offender pursuant to that
division.
(2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an
additional
prison term as
described in division (D)(4) of
section
2929.14 of the Revised Code or a community control sanction as
described in division (G)(2) of this section.
(B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical
harm to a person.
(b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon.
(c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person.
(d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of
an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code.
(g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance.
(i) The offender committed the offense while in possession
of
a firearm.
(2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender.
(C) Except as provided in division (D), (E), (F), or (G) of
this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D)(1) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree, for a
felony
drug offense that is a violation
of any provision of
Chapter
2925., 3719., or 4729. of the
Revised Code for which a
presumption
in favor of
a prison term is specified as being
applicable, and
for a violation of division (A)(4) or (B) of section 2907.05 of
the Revised Code for which a presumption in favor of a prison term
is specified as being applicable, it is presumed
that a prison
term is necessary in
order to comply
with the purposes and
principles of sentencing
under section 2929.11 of the
Revised
Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the
presumption established
under
division (D)(1) of this section for the offenses listed in that
division other than a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code, the sentencing court
may
impose a community control sanction or a combination of
community
control
sanctions instead of a prison term on an
offender for a
felony of the first or
second degree or for a
felony drug offense
that is a violation of any
provision of
Chapter 2925., 3719., or
4729. of the Revised Code for which a
presumption in favor of a
prison term is specified as being
applicable if
it makes both of
the following findings:
(a) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism.
(b) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code.
(3) A court
that sentences an offender for a drug abuse
offense that is a
felony of the third, fourth, or fifth degree
may require that the
offender be assessed by a properly
credentialed professional
within a specified period of time. The
court shall require the
professional to file a written assessment
of the offender with the
court. If the offender is eligible for a
community control sanction and after considering the written
assessment, the court may
impose a community control sanction
that includes treatment and recovery support services
authorized
by section 3793.02 of the Revised Code. If the court imposes
treatment and recovery support services as
a community control
sanction, the court shall direct the level and
type of treatment
and recovery support services after considering the assessment and
recommendation of treatment and recovery support services
providers.
(F) Notwithstanding divisions (A) to
(E) of this section,
the
court shall impose a prison
term or terms under sections
2929.02
to 2929.06, section 2929.14, section 2929.142, or section
2971.03
of the
Revised Code and except as specifically provided in
section
2929.20, division (K) of section 2967.19, or section 2967.191 of
the
Revised Code or when parole
is
authorized for the offense
under
section 2967.13 of the Revised
Code shall not reduce the
term or
terms pursuant to section
2929.20,
section 2967.19,
section
2967.193, or any other provision of
Chapter 2967.
or
Chapter
5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is less than
thirteen
years of age and if any of the
following
applies:
(a) Regarding gross sexual imposition, the offender
previously was
convicted of or pleaded guilty to
rape, the former
offense of
felonious sexual penetration, gross sexual
imposition,
or sexual
battery,
and the victim of the previous offense was
less than
thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after August 3, 2006, and evidence other than the
testimony of the victim was admitted in the case corroborating the
violation.
(c) Regarding sexual battery, either of the following
applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was less
than
thirteen
years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12,
2903.13, or 2907.07 of the Revised Code if
the
section
requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and
either is
a violation of section 2903.04 of the Revised Code or an attempt
to commit a felony of the second degree that is an offense of
violence and involved an attempt to cause serious physical harm to
a person or that resulted in serious physical harm to a person if
the offender previously was
convicted of or pleaded guilty to
any
of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter,
rape, felonious sexual penetration as it existed under section
2907.12 of the Revised Code prior to September 3, 1996, a felony
of the first or second degree that resulted in the death of a
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense listed in division (F)(7)(a) of this
section that resulted in the death of a person or in physical harm
to a person.
(8) Any offense, other than a violation of section 2923.12
of
the Revised
Code, that is a felony, if the offender had a
firearm
on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14
of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the
offender
wore or carried body armor while committing the felony
offense of
violence, with respect to the portion of the sentence
imposed
pursuant to division (D)(1)(d) of section 2929.14 of the
Revised
Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree;
(11) Any violent sex offense or designated homicide, assault,
or kidnapping offense if, in relation to that offense, the
offender
is adjudicated a sexually violent
predator;
(12) A violation of division (A)(1) or (2) of section
2921.36
of the Revised
Code, or a violation of division (C) of
that
section involving an item listed
in division (A)(1) or (2) of
that
section, if the offender is an officer or
employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the victim of the offense is a peace
officer, as defined in section 2935.01 of the Revised Code, or an
investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
with respect to the portion of the sentence imposed pursuant to
division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the offender has been convicted of or
pleaded guilty to three or more violations of division (A) or (B)
of section 4511.19 of the Revised Code or an equivalent offense,
as defined in section 2941.1415 of the Revised Code, or three or
more violations of any combination of those divisions and
offenses, with respect to the portion of the sentence imposed
pursuant to division (D)(6) of section 2929.14 of the Revised
Code;
(15) Kidnapping, in the circumstances specified in section
2971.03 of the Revised Code and when no other provision of
division (F) of this section applies;
(16) Kidnapping, abduction, compelling prostitution,
promoting prostitution, engaging in a pattern of corrupt activity,
illegal use of a minor in a
nudity-oriented material or
performance in violation of division (A)(1) or (2) of section
2907.323 of the Revised Code, or endangering children in violation
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code, if the offender is
convicted of or pleads
guilty to a specification as described in
section 2941.1422 of
the Revised Code that was included in the
indictment, count in
the indictment, or information charging the
offense;
(17) A felony violation of division (A) or (B) of section
2919.25 of the Revised Code if division (D)(3), (4), or (5) of
that section, and division (A)(6) of that section, require the
imposition of a prison term;
(18) A felony violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code, if the victim of the offense was a
woman that the offender knew was pregnant at the time of the
violation, with respect to a portion of the sentence imposed
pursuant to division (D)(8) of section 2929.14 of the Revised
Code.
(G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following:
(1) If the offender is being sentenced for a fourth degree
felony
OVI offense and if the offender has not been convicted of
and has not pleaded guilty to a specification of the type
described in section 2941.1413 of the Revised Code, the court may
impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division
(G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall
not reduce the term pursuant
to
section 2929.20, 2967.193, or any
other provision of the
Revised
Code. The court that imposes a
mandatory term of local
incarceration
under this division shall
specify whether the term
is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
any other Revised Code
provision that
pertains to a prison
term except as provided in
division (A)(1)
of this section.
(2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory
prison term of one, two, three, four, or five years if the
offender also is convicted of or also pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code or shall impose upon the offender a mandatory
prison
term of sixty days or one hundred twenty days as specified
in
division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code
if the offender has not been convicted of and has not pleaded
guilty to a specification of that type. The
Subject to division
(K) of section
2967.19 of the Revised Code, the court shall not
reduce
the term
pursuant
to section
2929.20,
2967.19, 2967.193,
or any other
provision of
the Revised Code. The offender shall
serve the one-,
two-,
three-, four-, or five-year mandatory
prison term
consecutively
to and prior to the prison term
imposed for the
underlying
offense and consecutively to any
other mandatory prison
term
imposed in relation to the offense.
In
no case
shall an
offender
who once has been sentenced to a
mandatory term
of local
incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation
of division
(A) of section
4511.19
of the Revised Code.
In
addition to the mandatory prison
term described in division (G)(2)
of this section, the court may
sentence the
offender to
a
community control
sanction under
section 2929.16 or 2929.17 of
the
Revised
Code, but the offender
shall serve the prison term prior
to serving the community
control sanction.
The department of
rehabilitation and correction
may place an
offender
sentenced to a
mandatory prison term under
this division
in an intensive
program
prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of
its intent to
place the offender
in an
intensive program prison
established under that
section and
if the
judge did not notify the
department that the judge
disapproved the
placement. Upon the
establishment of the initial
intensive
program prison pursuant to
section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into
under section
9.06
of the Revised Code,
both of the following
apply:
(a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall
not place any
offender sentenced to a mandatory prison term
under
this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately
operated and managed prison.
(H) If an offender is being sentenced
for a sexually
oriented
offense or child-victim oriented offense that is a felony
committed on or after January 1,
1997, the judge
shall
require the
offender to submit to a
DNA specimen collection
procedure pursuant
to section 2901.07 of the
Revised Code.
(I) If an offender is being sentenced
for a sexually
oriented
offense or a child-victim oriented offense committed on or
after
January 1,
1997, the judge
shall
include in the sentence a
summary of the
offender's duties imposed under sections 2950.04,
2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at
the
time of sentencing, of
those duties and of their duration. If
required
under division
(A)(2) of section 2950.03 of
the
Revised
Code, the judge shall perform the
duties specified in that
section, or, if required under division (A)(6) of section 2950.03
of the Revised Code, the judge shall perform the duties specified
in that division.
(J)(1) Except as
provided in division (J)(2) of
this
section,
when considering sentencing factors under this
section in
relation
to an offender who is convicted of or pleads
guilty to an
attempt
to commit an offense in violation of
section 2923.02 of
the
Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted.
(2) When considering sentencing factors under this
section
in
relation to an offender who is convicted of or pleads
guilty to
an
attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a
tier III sex
offender/child-victim offender relative to that
offense and the
offender does not serve a prison term or jail
term, the court may
require that the offender be monitored by
means of a global
positioning device. If the court requires such
monitoring, the
cost of monitoring shall be borne by the offender.
If the
offender is indigent, the cost of compliance shall be paid
by the
crime victims reparations fund.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),
(G), (I),
(J), or
(L) of
this
section or in division (D)(6) of
section 2919.25 of the Revised Code and except
in relation to an
offense
for
which a
sentence
of death or life
imprisonment is
to be
imposed,
if the
court
imposing a sentence
upon an
offender for a
felony
elects or
is
required to impose a
prison
term on the
offender
pursuant to
this
chapter, the court shall
impose a
definite
prison term that
shall
be one of the
following:
(1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years.
(2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months.
(B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of
this
section, in
section
2907.02 , 2907.05, or 2919.25
of the
Revised
Code, or
in Chapter
2925. of the
Revised Code, if the
court
imposing a
sentence upon
an offender
for a felony elects
or is
required to
impose a prison
term on the
offender, the
court shall
impose the
shortest prison
term
authorized for the
offense
pursuant to
division (A) of this
section, unless
one or
more
of
the following
applies:
(1) The offender was serving a prison term at the time of
the
offense, or the offender previously had served a prison term.
(2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others.
(C) Except as provided in division (D)(7), (D)(8), (G), or
(L) of
this section, in section 2919.25 of the Revised Code,
or
in
Chapter 2925. of
the Revised Code, the court
imposing a
sentence
upon an
offender for a felony may impose the
longest
prison term
authorized for the offense pursuant to
division (A)
of
this
section only upon offenders who committed the
worst forms
of
the
offense, upon offenders who pose the greatest
likelihood
of
committing future crimes, upon certain major drug
offenders
under
division (D)(3) of this section, and upon certain
repeat
violent
offenders in accordance with division (D)(2) of
this
section.
(D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms:
(i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony;
(ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense;
(iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony.
(b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, subject to division (K) of
section 2967.19 of the Revised Code, the prison
term shall not be
reduced pursuant to section 2967.19, section 2929.20, section
2967.193,
or
any
other provision of
Chapter 2967. or Chapter
5120. of the
Revised
Code. Except as
provided in division
(D)(1)(g) of this section,
a
court shall
not
impose more than
one prison term on an
offender
under
division (D)(1)(a) of this
section for felonies
committed as
part
of
the same act or
transaction.
(c) Except as provided in division
(D)(1)(e)
of this
section,
if an offender who is convicted of or pleads
guilty to a
violation
of section 2923.161 of the
Revised
Code or to a felony
that
includes,
as an essential element, purposely or knowingly
causing
or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that, subject to division (K) of section 2967.19 of
the Revised Code, shall not be reduced pursuant to section
2929.20, section 2967.19, section 2967.193, or
any other provision
of Chapter 2967.
or Chapter
5120. of the Revised Code. A
court
shall not impose
more than one
additional prison term on an
offender under
division
(D)(1)(c) of
this section for felonies
committed as
part of the
same
act or
transaction. If a court
imposes an additional prison
term on an
offender under division
(D)(1)(c) of this section
relative to an
offense, the court also
shall
impose a prison term
under division
(D)(1)(a) of this
section
relative to the same
offense, provided
the criteria
specified in that division
for
imposing an additional
prison term
are satisfied relative to the
offender
and the
offense.
(d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed, subject to division (K)
of section 2967.19 of the Revised Code, shall not be reduced
pursuant to section 2929.20,
section 2967.19, section 2967.193, or
any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A
court shall
not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the
same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is
not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section.
(e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in division (D)(1)(a) or
(b) of this
section upon an offender for a violation of section
2923.122 that
involves a deadly weapon that is a firearm other
than a dangerous
ordnance, section 2923.16, or section 2923.121
of the Revised
Code. The court shall not
impose any of
the prison terms described
in
division
(D)(1)(a) of this section
or any of the additional
prison terms
described in division
(D)(1)(c) of this section
upon
an offender for a violation of
section 2923.13 of the
Revised Code
unless all of the following
apply:
(i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree.
(ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer, as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven years upon the offender that, subject to
division (K) of section 2967.28 of the Revised Code, shall not be
reduced pursuant
to section 2929.20, section 2967.19, section
2967.193, or any
other provision of
Chapter 2967. or Chapter
5120. of
the Revised
Code. If an
offender is convicted of or
pleads guilty to two or
more felonies
that include, as an
essential element, causing or
attempting to
cause the death or
physical harm to another and
also is convicted
of or pleads
guilty to a specification of the
type described
under
division
(D)(1)(f) of this section in
connection with two
or more
of the
felonies of which the offender
is convicted or to
which the
offender pleads guilty, the
sentencing court shall
impose on the
offender the prison term
specified under division
(D)(1)(f) of
this section for each of
two of the specifications
of which the
offender is convicted or
to which the offender
pleads guilty
and,
in its discretion, also
may impose on the
offender the
prison term
specified under that
division for any
or all of the
remaining
specifications.
If a
court
imposes an
additional
prison term on
an offender under
division
(D)(1)(f) of
this
section relative to
an offense,
the
court
shall not impose a
prison term under
division (D)(1)(a)
or
(c)
of
this section
relative to the same
offense.
(g) If an offender is convicted of or pleads guilty to two
or more felonies, if one or more of those felonies is aggravated
murder, murder, attempted aggravated murder, attempted murder,
aggravated robbery, felonious assault, or rape, and if the
offender is convicted of or pleads guilty to a specification of
the type described under division (D)(1)(a) of this section in
connection with two or more of the felonies, the sentencing court
shall impose on the offender the prison term specified under
division (D)(1)(a) of this section for each of the two most
serious specifications of which the offender is convicted or to
which the offender pleads guilty and, in its discretion, also may
impose on the offender the prison term specified under that
division for any or all of the remaining specifications.
(2)(a) If division (D)(2)(b) of this section does not apply,
the
court
may impose on an offender, in addition to the longest
prison term
authorized or required for the offense, an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated
murder and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does
not impose a sentence of life imprisonment without parole, any
felony of the first degree that is an offense of violence and the
court does not impose a sentence of life imprisonment without
parole, or any felony of the second degree that is an offense of
violence and the trier of fact finds that the offense involved an
attempt to cause or a threat to cause serious physical harm to a
person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant
to division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are inadequate to
punish
the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism.
(v) The court finds that the prison terms imposed pursuant
to
division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the
offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the
applicable
factors under that
section indicating that the
offender's
conduct is
less serious
than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest prison
term authorized or required for the offense and shall impose on
the offender an additional definite prison term of one, two,
three, four, five, six, seven, eight, nine, or ten years if all of
the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been
convicted of or pleaded guilty to three or more offenses described
in division (CC)(1) of section 2929.01 of the Revised Code,
including all offenses described in that division of which the
offender is convicted or to which the offender pleads guilty in
the current prosecution and all offenses described in that
division of which the offender previously has been convicted or to
which the offender previously pleaded guilty, whether prosecuted
together or separately.
(iii) The offense or offenses of which the offender currently
is convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment without
parole, any felony of the first degree that is an offense of
violence and the court does not impose a sentence of life
imprisonment without parole, or any felony of the second degree
that is an offense of violence and the trier of fact finds that
the offense involved an attempt to cause or a threat to cause
serious physical harm to a person or resulted in serious physical
harm to a person.
(c) For purposes of division (D)(2)(b) of this section, two
or more offenses committed at the same time or as part of the same
act or event shall be considered one offense, and that one offense
shall be the offense with the greatest penalty.
(d) A sentence imposed under division (D)(2)(a) or (b) of
this section, subject to division (K) of section 2967.19 of the
Revised Code, shall not be reduced pursuant to section 2929.20,
section 2967.19, or
section 2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code. The offender
shall serve an
additional prison
term imposed under this section
consecutively to
and prior to the
prison term imposed for the
underlying offense.
(e) When imposing a sentence pursuant to division (D)(2)(a)
or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3)(a) Except when an offender commits a
violation of
section
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for
the
violation is life imprisonment or commits a
violation of
section
2903.02 of the Revised Code, if the offender
commits a
violation of section 2925.03 or 2925.11 of
the Revised
Code and
that section classifies the offender as a major drug
offender and
requires the
imposition of a ten-year prison term on
the offender,
if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161,
4729.37, or
4729.61, division (C) or (D) of
section 3719.172,
division
(C) of section 4729.51, or division (J)
of section
4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the
exception of
marihuana, and the
court imposing
sentence upon the
offender finds
that the offender is guilty of a
specification of
the type
described in section 2941.1410 of the
Revised Code
charging
that the offender is a
major drug offender,
if the court
imposing sentence upon an offender for
a felony
finds
that the
offender is guilty
of corrupt activity with the
most
serious
offense in the pattern
of corrupt activity being a
felony
of the
first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that, subject to division (K) of section
2967.19 of the Revised Code,
cannot be reduced pursuant to section
2929.20, section 2967.19, or any other provision of
Chapter
2967.
or 5120. of the Revised Code.
(b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(a)(iv) and (v) of this section.
(4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and
additional prison term imposed as described in division (D)(4) of
this section, the
court also may sentence the offender to a
community
control sanction under
section 2929.16 or 2929.17 of the
Revised
Code, but the offender shall serve all of the prison terms
so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony
OVI offense under division (G)(1) of section 2929.13 of the
Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described in
division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
or an investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term, subject to
division (K) of section 2967.19 of the Revised Code, shall not be
reduced pursuant to section 2929.20, section 2967.19, section
2967.193, or any
other provision of
Chapter 2967. or Chapter
5120. of the Revised
Code. A court shall
not impose more than one
prison term on an
offender under division
(D)(5) of this section
for felonies
committed as part of the same
act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A)
or (B) of section 4511.19 of the Revised Code or an
equivalent
offense, as defined in section 2941.1415 of the Revised
Code, or three or more violations of any combination of those
divisions and offenses, the
court shall impose on the offender a
prison term of three years.
If a court imposes a prison term on an
offender under division
(D)(6) of this section, the prison term,
subject to division (K) of section 2967.19 of the Revised Code,
shall not be reduced
pursuant to section 2929.20, section 2967.19,
section
2967.193, or any
other
provision of Chapter 2967. or
Chapter 5120.
of the Revised
Code.
A
court shall not impose more
than one prison
term on an
offender
under division (D)(6) of
this section for
felonies
committed as
part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to a
felony
violation of section 2905.01, 2905.02, 2907.21, 2907.22,
or
2923.32, division (A)(1) or (2) of section 2907.323, or
division
(B)(1), (2), (3), (4), or (5) of section 2919.22
of the
Revised
Code and also is convicted of or pleads guilty to a
specification
of the type described in section 2941.1422 of the
Revised Code
that charges that the offender knowingly committed
the offense in
furtherance of human trafficking, the court shall
impose on the
offender a
mandatory prison term that is one of
the following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than ten years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of the
Revised Code.
(b) The Subject to division (K) of section 2967.19 of the
Revised Code, the prison term imposed under division (D)(7)(a) of
this
section shall not be reduced pursuant to section
2929.20,
section 2967.19, section
2967.193, or any
other provision of
Chapter 2967.
of the Revised
Code. A court
shall not impose
more than one prison
term on an
offender under
division
(D)(7)(a) of this section for
felonies
committed as
part of the
same act, scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range of prison terms prescribed in
division (A) of this
section for felonies of the same
degree as
the violation, the court shall impose on the offender a
mandatory
prison term that is either a definite prison term of six
months
or one of the prison terms prescribed in section 2929.14 of
the
Revised Code for felonies of the same degree as the violation.
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a
mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(7) or (8) of this section, the offender
shall
serve the mandatory prison term so imposed consecutively to
any
other mandatory prison term imposed under that division or
under any other provision of law and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code or division
(A)(1) or (2) of section 2921.34 of the Revised Code,
if an
offender
who is under detention at a detention facility commits a
felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of division (A)(1) or (2) of
section 2921.34 of the
Revised Code, any prison
term
imposed upon the offender for one of
those violations
shall be
served by the offender consecutively to
the prison term or term of
imprisonment the offender
was serving
when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of
division (A) of section 2913.02 of the Revised Code in which the
stolen property is a firearm or dangerous ordnance, or a felony
violation of division
(B) of section 2921.331
of the Revised Code,
the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or
subsequently
imposed upon the offender.
(4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following:
(a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense.
(b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison
term is imposed upon an
offender pursuant to division (D)(5) of
this section, and if a
mandatory prison term also is imposed upon
the offender pursuant
to division (D)(6) of this section in
relation to the same
violation, the offender shall serve the
mandatory prison term
imposed pursuant to division (D)(5) of this
section consecutively
to and prior to the mandatory prison term
imposed pursuant to
division (D)(6) of this section and
consecutively to and prior to
any prison term imposed for the
underlying violation of division
(A)(1) or (2) of section 2903.06
of the Revised Code pursuant to
division (A) of this section or section 2929.142 of the Revised
Code.
(6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)
of this
section, the term
to be
served is the aggregate of all of
the terms so
imposed.
(F)(1) If a court imposes a prison term for a felony of the
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony
sex offense and in the commission of which the offender caused or
threatened to cause physical harm to a person, it shall
include in
the sentence a
requirement that the offender be subject
to a
period of
post-release control after the offender's release
from
imprisonment, in
accordance with that division. If a court imposes
a sentence including a prison term of a type described in this
division on or after July 11, 2006, the failure of a court to
include a post-release control requirement in the sentence
pursuant to this division does not negate, limit, or otherwise
affect the mandatory period of post-release control that is
required for the offender under division (B) of section 2967.28 of
the Revised Code. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
include in the sentence pursuant to this division a statement
regarding post-release control.
(2) If a court
imposes a prison term
for a felony of the
third, fourth, or fifth degree that is not subject to division
(F)(1) of this section, it
shall include in the sentence a
requirement that the
offender be
subject to a period of
post-release control after the
offender's release
from
imprisonment, in accordance with that
division, if the
parole
board determines that a period of
post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to include in
the sentence pursuant to this division a statement regarding
post-release control.
(G) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a
violent
sex
offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent
predator.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January
2, 2007, and either the court does
not impose a sentence of life
without parole when authorized
pursuant to division (B) of section
2907.02 of the Revised Code,
or division (B) of section 2907.02 of
the Revised Code provides
that the court shall not sentence the
offender pursuant to
section 2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after
January 2, 2007, and a specification
of the type described in
section 2941.1418, 2941.1419, or
2941.1420 of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after
January 1, 2008, and that section
requires the
court to sentence
the offender pursuant to section
2971.03 of the
Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after
January 1, 2008,
and division
(A)(2)(b)(ii) of section 2929.022,
division
(A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),
(D)(3)(a)(iv),
or
(E)(1)(d) of section 2929.03, or division (A)
or (B) of section
2929.06 of the Revised Code requires the court
to sentence the
offender pursuant to division (B)(3) of section
2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after January
1, 2008, and
division (B)(2) of
section 2929.02 of the Revised
Code requires
the court to
sentence the offender pursuant to
section 2971.03 of
the Revised
Code.
(H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2929.142 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of
the Revised
Code applies regarding the
person while the person is
confined in a state
correctional
institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years.
(J)(1) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and to a specification of the type described
in section 2941.1421 of the Revised Code and if the court imposes
a prison term on the offender for the felony violation, the court
may impose upon the offender an additional prison term as follows:
(i) Subject to division (J)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six, seven,
eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (J)(2)(a) of this section, the court may directly impose
on the offender a sanction that requires the offender to wear a
real-time processing, continual tracking electronic monitoring
device during the period of time specified by the court. The
period of time specified by the court shall equal the duration of
an additional prison term that the court could have imposed upon
the offender under division (J)(2)(a) of this section. A sanction
imposed under this division shall commence on the date specified
by the court, provided that the sanction shall not commence until
after the offender has served the prison term imposed for the
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and any residential sanction imposed for the
violation under section 2929.16 of the Revised Code. A sanction
imposed under this division shall be considered to be a community
control sanction for purposes of section 2929.15 of the Revised
Code, and all provisions of the Revised Code that pertain to
community control sanctions shall apply to a sanction imposed
under this division, except to the extent that they would by their
nature be clearly inapplicable. The offender shall pay all costs
associated with a sanction imposed under this division, including
the cost of the use of the monitoring device.
(K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement.
If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison.
If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement.
If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2929.20. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this
section,
"eligible offender" means any person who, on or after
April 7, 2009, is serving a stated
prison term of that includes
one or more nonmandatory prison terms that in the aggregate are
ten
years or less when either of the following
applies:
(i) The stated
prison term does not include a mandatory
prison term.
(ii) The stated prison term includes a mandatory
prison
term,
and the person has served the
mandatory prison term.
(b) "Eligible offender" does not include any person who, on
or after April 7, 2009, is
serving a stated prison term for any
of the following criminal
offenses that was a felony and was
committed while the person held
a public office in this state:
(i) A violation of section 2921.02, 2921.03, 2921.05,
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised
Code;
(ii) A violation of section 2913.42, 2921.04, 2921.11, or
2921.12 of the Revised Code, when the conduct constituting the
violation was related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office;
(iii) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States
that is substantially equivalent to any violation listed in
division (A)(1)(b)(i) of this section;
(iv) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is
substantially equivalent to any violation listed in division
(A)(1)(b)(ii) of this section, when the conduct constituting the
violation was related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office;
(v) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (A)(1)(b)(i) or
described in division (A)(1)(b)(iii) of this section;
(vi) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (A)(1)(b)(ii) or
described in division (A)(1)(b)(iv) of this section, if the
conduct constituting the offense that was the subject of the
conspiracy, that would have constituted the offense attempted, or
constituting the offense in which the offender was complicit was
or would have been related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office.
(2) "Nonmandatory prison term" means a prison term that is
not a mandatory prison term.
(3) "Public office" means any elected federal, state, or
local government office in this state.
(B) On the motion of an eligible
offender or
upon its own
motion, the sentencing court may reduce
the eligible offender's
stated aggregated nonmandatory prison term or terms of ten years
or less through a judicial
release under
this section.
(C) An eligible
offender
may file a
motion for judicial
release with the
sentencing court
within the
following applicable
periods:
(1) If the stated aggregated nonmandatory prison term or
terms
is less than two years, the
eligible offender may
file the
motion not earlier than
thirty
days
after the offender is
delivered to a state
correctional
institution or, if the prison
term includes a mandatory prison
term or terms, not earlier than
has served thirty days after the expiration
of all mandatory
prison terms of the aggregated nonmandatory prison term or terms.
(2) If the stated aggregated nonmandatory prison term or
terms
is at least two years but less
than five years,
the
eligible
offender may
file the motion not
earlier than
one
hundred eighty
days after the
offender is
delivered to a state
correctional
institution or, if the prison
term includes a
mandatory prison term or terms, not
earlier than
has served one
hundred eighty days after the expiration of all
mandatory
prison
terms of the aggregated nonmandatory prison term or terms.
(3) If the aggregated nonmandatory prison term or terms is
five years, the eligible offender may file the motion after the
eligible offender has served four years of the aggregated
nonmandatory prison term or terms.
(4) If the stated aggregated
nonmandatory prison term or
terms is more than five years or more
but
not
more
than
ten
years, the eligible offender may file the
motion not
earlier than
five years
after the
eligible offender
is delivered
to a state
correctional institution or, if the
prison term
includes a
mandatory prison term or terms, not
earlier than has served five
years after the expiration of all
mandatory prison of the
aggregated nonmandatory prison term or
terms.
(D) Upon receipt of a timely motion for
judicial release
filed by an eligible offender under division
(C) of this section
or upon the sentencing court's own
motion made within the
appropriate time specified in that
division, the court may deny
the motion without a hearing or
schedule a hearing on the motion.
The
court shall not grant
the motion without a
hearing. If a court
denies
a motion without a hearing, the court later
may
consider
judicial release for that eligible
offender on a
subsequent motion
filed by that
eligible
offender unless the court denies the motion
with prejudice. If a court denies a motion with prejudice, the
court may later consider judicial release on its own motion. If a
court denies a motion after a hearing,
the
court shall
not
consider a subsequent motion for that eligible
offender. The court
shall
hold only one hearing for any eligible
offender.
A hearing under this section shall be conducted in open court
within sixty days after the motion is filed,
provided that the
court may delay the hearing for one hundred eighty additional
days. If the court
holds a
hearing, the court shall enter a
ruling
on the
motion within ten days after the hearing. If the court
denies the
motion without a hearing, the court shall enter its
ruling on the
motion within sixty days after the motion is filed.
(E) If a court schedules a hearing under division (D) of
this
section, the court
shall notify the eligible offender and the head
of the state
correctional
institution in which the eligible
offender is confined prior to the hearing. The head of the state
correctional
institution immediately shall notify the appropriate
person at the
department of rehabilitation and correction of the
hearing, and
the department within twenty-four hours after
receipt of the
notice, shall post on the database it maintains
pursuant to
section 5120.66 of the Revised Code the offender's
name and all of
the information specified in division
(A)(1)(c)(i) of that
section. If the
court schedules a hearing
for judicial release,
the court promptly
shall give notice of the
hearing to the
prosecuting attorney of
the county in which the
eligible offender
was indicted. Upon
receipt of the notice from
the court, the
prosecuting attorney
shall notify the victim of the
offense or the victim's
representative pursuant to
section 2930.16
of the
Revised Code.
(F) Upon an offender's successful completion of
rehabilitative activities, the head of the state correctional
institution may notify the sentencing court of the successful
completion of the activities.
(G) Prior to the date of the hearing on a
motion for
judicial
release under this section, the head of the
state
correctional
institution in which the eligible
offender is confined
shall send
to the court a report
on the
eligible offender's
conduct in the
institution and in any
institution from which the
eligible
offender may have been
transferred. The report shall
cover the
eligible offender's
participation in school, vocational
training,
work, treatment,
and
other rehabilitative activities and
any
disciplinary action
taken
against the eligible offender. The
report shall be made
part of
the record of the hearing.
(H) If the court grants a hearing on a motion
for judicial
release under this section, the eligible offender
shall attend the
hearing if ordered to do so by the court. Upon
receipt of a copy
of the journal entry containing the order, the
head of the state
correctional institution in which the
eligible offender is
incarcerated shall deliver the eligible
offender to the sheriff of
the county in which the hearing is to
be held. The sheriff shall
convey the eligible offender to and from the
hearing.
(I) At the hearing on a motion for judicial
release under
this section, the court shall afford the eligible
offender and the
eligible offender's attorney an
opportunity to
present written
and, if present, oral
information relevant to the
motion.
The
court shall afford a similar opportunity to the
prosecuting
attorney, the victim or the victim's representative,
as defined in
section 2930.01 of the Revised
Code, and any other person the
court determines is
likely to present additional relevant
information. The court
shall consider any statement of a victim
made pursuant to section
2930.14 or 2930.17 of the Revised Code,
any
victim impact statement prepared pursuant to section 2947.051
of
the Revised Code, and any report made under division (G) of
this section. The court may consider any written statement of any
person submitted to the court pursuant to division (L) of this
section. After ruling on the motion,
the court shall notify
the
victim of the ruling in accordance
with sections 2930.03 and
2930.16 of the Revised
Code.
(J)(1) A court shall not grant a judicial
release under this
section to an eligible offender who is
imprisoned for a felony of
the first or second degree, or to an
eligible offender who
committed an offense under
Chapter 2925. or 3719. of the
Revised
Code and for whom there was a presumption under section
2929.13 of
the Revised Code in favor of a prison
term, unless the
court, with
reference to factors
under section 2929.12 of the
Revised Code,
finds both
of the following:
(a) That a sanction other than a prison term
would
adequately
punish the offender and protect
the public from future
criminal
violations by the eligible offender because the
applicable factors
indicating a lesser likelihood of recidivism
outweigh the
applicable factors indicating a
greater likelihood of
recidivism;
(b) That a sanction other than a prison term
would not
demean
the seriousness of the offense because factors
indicating
that
the
eligible offender's conduct in
committing the offense was
less
serious than conduct normally constituting the
offense
outweigh
factors
indicating that the eligible offender's conduct
was more
serious than conduct
normally constituting the offense.
(2) A court that grants a judicial release to an
eligible
offender under division (J)(1) of this section
shall specify on
the record both findings required in that
division and also shall
list all the factors described in that
division that were
presented at the hearing.
(K) If the court grants a motion for judicial
release under
this section, the court shall order the release of
the eligible
offender, shall place the eligible offender under an appropriate
community control
sanction, under appropriate
conditions, and
under the
supervision of the department of
probation
serving the
court and shall reserve the right to
reimpose the sentence that
it
reduced if the offender violates the
sanction. If the court
reimposes the reduced sentence, it
may do so either concurrently
with, or consecutive to, any
new
sentence imposed upon the
eligible offender as a result of the
violation
that is a new
offense.
The period of community
control
shall be
no longer than
five years. The court,
in
its
discretion, may reduce the period
of community control by the
amount of time the eligible
offender
spent in jail or prison
for the offense and in prison. If the
court made any findings
pursuant to division (J)(1) of
this
section, the court shall serve
a copy of the findings upon
counsel
for the parties within fifteen
days after the date on
which the
court grants the motion for
judicial release.
If the court grants a motion for judicial release, the court
shall notify the appropriate person at the department of
rehabilitation and correction, and the
department shall post
notice of the release on the database it
maintains pursuant to
section 5120.66 of the Revised Code.
(L) In addition to and independent of the right of a victim
to make a statement pursuant to section 2930.14, 2930.17, or
2946.051 of the Revised Code and any right of a person to present
written information or make a statement pursuant to division (I)
of this section, any person may submit to the court, at any time
prior to the hearing on the offender's motion for judicial
release, a written statement concerning the effects of the
offender's crime or crimes, the circumstances surrounding the
crime or crimes, the manner in which the crime or crimes were
perpetrated, and the person's opinion as to whether the offender
should be released.
(M) The changes to this section that are made on the
effective date of this division apply to any judicial release
decision made on or after the effective date of this division for
any eligible offender.
Sec. 2929.26. (A) Except when a mandatory jail term is
required by law, the court
imposing a
sentence for a misdemeanor,
other than a minor
misdemeanor, may
impose upon the offender any
community
residential sanction
or combination of
community
residential
sanctions under this
section. Community
residential
sanctions
include, but are not
limited to, the
following:
(1) A term of up to one hundred eighty days in a halfway
house or
a term in a halfway house not to exceed the longest jail
term available for
the offense, whichever is
shorter, if the
political subdivision that would have responsibility for paying
the costs of confining the offender in a jail has entered into a
contract with the halfway house for use of the facility for
misdemeanor offenders;
(2) A term of up to one hundred eighty days in an
alternative
residential facility or a term in an alternative
residential
facility not to exceed the longest jail term available
for the
offense,
whichever
is
shorter. The court may specify the
level of
security
in the alternative
residential facility that is
needed
for the
offender.
(3) If the offender is an eligible offender, as defined in
section 307.932 of the Revised Code, a term of up to thirty days
in a community alternative sentencing center or district community
alternative sentencing center established and operated in
accordance with that section, in the circumstances specified in
that section, with one of the conditions of the sanction being
that the offender complete in the center the entire term imposed.
(B) The A sentence to a community residential sanction under
division (A)(3) of this section shall be in accordance with
section 307.932 of the Revised Code. In all other cases, the court
that sentences an offender to a community
residential sanction
under this section may do either or both of
the
following:
(1) Permit the offender to serve the offender's sentence in
intermittent confinement, overnight, on weekends or at any other
time or times that will allow the offender to continue at the
offender's occupation or care for the offender's family;
(2) Authorize the offender to be released so that the
offender
may seek or maintain employment, receive education or
training, receive
treatment, perform community service,
or
otherwise fulfill an obligation imposed by law or by the court.
A
release pursuant to this division shall be only for the
duration
of time that is needed to fulfill the purpose of the
release and
for travel that reasonably is necessary to fulfill the
purposes of
the release.
(C) The court may order that a reasonable portion of the
income earned by the offender upon a release pursuant to division
(B) of this section be applied to any financial sanction imposed
under section 2929.28 of the Revised Code.
(D) No court shall sentence any person to a prison term for
a
misdemeanor or minor misdemeanor or to a jail term for a minor
misdemeanor.
(E) If a court sentences a person who has been convicted of
or pleaded guilty
to a
misdemeanor to a community residential
sanction
as described
in division (A) of this section, at the time
of
reception
and at other times the person in charge of the
operation
of the halfway house,
alternative
residential facility,
community alternative sentencing center, district community
alternative sentencing center,
or other
place at which the
offender will serve the
residential
sanction
determines to be
appropriate, the person in charge of the
operation of the halfway
house, alternative residential facility, community alternative
sentencing center, district community alternative sentencing
center,
or other place may cause the convicted offender to be
examined and
tested for tuberculosis, HIV infection, hepatitis,
including, but
not limited to, hepatitis A, B, and C, and other
contagious
diseases. The person in charge of the operation of the
halfway
house,
alternative residential facility, community
alternative sentencing center, district community alternative
sentencing center,
or other place at which
the offender will
serve
the
residential sanction may cause a
convicted offender in the
halfway
house, alternative residential
facility, community
alternative sentencing center, district community alternative
sentencing center,
or other place who
refuses to be tested or
treated for
tuberculosis, HIV infection,
hepatitis, including, but
not limited
to, hepatitis A, B,
and C, or
another contagious
disease to be
tested and treated involuntarily.
(F) A political subdivision may enter into a contract with a
halfway house for use of the halfway house to house misdemeanor
offenders under a sanction imposed under division (A)(1) of this
section.
Sec. 2929.34. (A) A person who is convicted of or
pleads
guilty to aggravated murder, murder, or an offense
punishable by
life imprisonment and who is sentenced to a term of
life
imprisonment
or a prison term pursuant to
that conviction
shall
serve that
term
in an institution under the
control of the
department
of rehabilitation and correction.
(B)(1) A person who is convicted of or pleads guilty to a
felony
other than aggravated murder, murder, or
an offense
punishable by life imprisonment and who is
sentenced to a term of
imprisonment
or a prison term
pursuant to that conviction shall
serve that term
as follows:
(a) Subject to divisions (B)(1)(b) and
(B)(2) of this
section, in an institution under the
control of the department of
rehabilitation and correction if the
term
is a
prison term or
as
otherwise determined by the
sentencing court pursuant to section
2929.16 of the Revised Code
if the term is not a prison term;
(b) In a facility of a type described in division (G)(1) of
section 2929.13
of the Revised Code, if the offender is sentenced
pursuant to that division.
(2) If the term
is a prison term, the person
may
be
imprisoned in a jail that is not a minimum security
jail
pursuant
to agreement under section 5120.161 of
the Revised Code between
the
department of rehabilitation and
correction and the local
authority that operates the jail.
(C) A person who is convicted of or pleads guilty to one or
more
misdemeanors and who is sentenced to a
jail term or term
of
imprisonment
pursuant to the conviction or convictions shall serve
that
term
in a county, multicounty,
municipal,
municipal-county,
or multicounty-municipal jail or
workhouse; in a community
alternative sentencing center or district community alternative
sentencing center when
authorized by section 307.932 of the
Revised Code; or,
if the
misdemeanor or misdemeanors are not
offenses
of violence,
in a
minimum
security
jail.
(D) Nothing in this section prohibits the commitment,
referral, or sentencing of a person
who is convicted of or pleads
guilty to a felony to a community-based
correctional facility.
Sec. 2930.16. (A) If a defendant is incarcerated,
a victim
in a case who has requested to receive notice under this section
shall be given notice of the incarceration of the defendant. If an
alleged
juvenile offender
is committed to the temporary custody of
a
school, camp, institution, or other facility operated for the
care of delinquent children or to the legal custody of the
department of youth services, a victim in a case who has
requested
to receive notice under this section shall be given
notice of the
commitment. Promptly after
sentence is imposed upon the defendant
or the commitment of the alleged
juvenile offender
is ordered, the
prosecutor in the
case shall notify the victim of the date on
which the defendant
will be released from confinement or the
prosecutor's
reasonable
estimate of that date or the date on which
the alleged juvenile offender
will
have served the minimum period
of commitment or the prosecutor's reasonable
estimate of that
date. The prosecutor also shall notify the
victim of the name of
the custodial agency of the defendant or alleged
juvenile offender
and
tell the victim how to contact that custodial agency. If the
custodial agency is the department of rehabilitation and
correction, the prosecutor shall notify the victim of the services
offered by the office of victims' services pursuant to section
5120.60 of the Revised Code. If the custodial
agency is the
department of youth
services, the prosecutor shall notify the
victim of the services
provided by the office of victims' services
within the release
authority of the department pursuant to section
5139.55 of the
Revised
Code and the victim's right
pursuant to
section 5139.56 of the
Revised
Code to submit a written
request to
the release authority to be notified of actions the
release
authority takes with respect to the alleged juvenile
offender. The
victim
shall keep the custodial agency informed of the victim's
current
address and telephone number.
(B)(1) Upon the victim's request, the prosecutor promptly
shall
notify the
victim of any hearing for judicial release of the
defendant pursuant to
section 2929.20 of the Revised Code, of any
hearing for release of the defendant pursuant to section 2967.19
of the Revised Code, or of
any hearing for judicial release
or
early release of the alleged
juvenile offender pursuant to
section 2151.38
of the
Revised Code
and of the victim's right to
make a
statement under those
sections. The court shall
notify the
victim of its ruling
in each
of those hearings and on each of
those
applications.
(2) If an offender is sentenced to a
prison term pursuant to
division
(A)(3) or (B) of
section 2971.03 of the Revised Code,
upon the request of the victim of the crime, the
prosecutor
promptly
shall notify the victim of any hearing to be
conducted
pursuant
to section 2971.05 of the Revised Code to
determine
whether to
modify the requirement that the offender
serve the
entire prison
term in a state correctional facility in
accordance
with
division (C) of that section,
whether to continue,
revise,
or revoke any existing modification
of that requirement,
or
whether to terminate the prison term in
accordance with
division
(D) of
that section. The court shall notify the victim of
any
order
issued at the conclusion of the hearing.
(C) Upon the victim's request made at any time before the
particular notice would be due, the custodial agency of a
defendant or alleged juvenile offender shall give the victim any
of
the following notices that is applicable:
(1) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the
defendant
or at least three weeks prior to a hearing before the
adult parole
authority regarding a grant of parole to the
defendant, notice of
the victim's right to submit a statement
regarding the impact of
the defendant's release in accordance
with section 2967.12 of the
Revised Code and, if applicable, of the
victim's right to appear
at a full board hearing of the parole board to give
testimony as
authorized by section 5149.101 of the Revised Code;
(2) At least three weeks before the defendant is
transferred
to transitional control under
section 2967.26 of
the Revised Code,
notice of the pendency of the
transfer
and
of the victim's right
under that section to
submit a statement regarding the impact of
the transfer;
(3) At least thirty days before the release authority of the
department of youth services holds a release review, release
hearing, or discharge review for the alleged juvenile offender,
notice of the
pendency of the review or hearing, of the victim's
right to make
an oral or written statement regarding the impact of
the crime
upon the victim or regarding the possible release or
discharge,
and, if the notice pertains to a hearing, of the
victim's right
to attend and make statements or comments at the
hearing as
authorized by section 5139.56 of the
Revised
Code;
(4) Prompt notice of the defendant's or alleged juvenile
offender's
escape
from a facility of the custodial agency in which
the
defendant was incarcerated or in which the alleged juvenile
offender was
placed after
commitment, of the defendant's or
alleged juvenile offender's
absence without leave from a
mental
health or mental
retardation and developmental disabilities
facility or from other
custody, and of the capture of the
defendant or alleged juvenile
offender after an
escape or absence;
(5) Notice of the defendant's or alleged juvenile
offender's
death while in
confinement or custody;
(6) Notice of the defendant's or alleged juvenile
offender's
release from confinement
or custody and
the terms and conditions
of
the release.
Sec. 2930.17. (A) In determining whether to grant a
judicial
release to a defendant from a prison term pursuant to section
2929.20 of the Revised Code at a time before the defendant's
stated prison
term expires, in determining whether to grant a
release to an offender from a prison term pursuant to section
2967.19 of the Revised Code at a time before the offender's stated
prison term expires,
or in determining whether to grant a judicial
release or
early release to an alleged juvenile offender from a
commitment to the
department
of youth services pursuant to section
2151.38 of the
Revised Code, the court
shall permit a victim of a
crime or specified delinquent act for which
the defendant or
alleged juvenile offender was incarcerated
or committed to
make a
statement, in addition to any other statement made under this
chapter,
concerning the effects of that crime or specified
delinquent act on the
victim, the circumstances
surrounding the
crime or specified delinquent act, the manner
in which the crime
or specified delinquent act was perpetrated, and the
victim's
opinion
whether the defendant or alleged juvenile offender should
be released.
The victim may make
the statement in writing or
orally, at the court's discretion.
The court shall give the
defendant or alleged juvenile offender and
either the adult parole
authority
or the department of youth services, whichever is
applicable, a
copy of any written impact statement made by the
victim under
this division.
(B) In deciding whether to grant a judicial release or early
release
to the
defendant or alleged juvenile offender, the court
shall consider a
statement made by the victim under
division (A)
of this section or section 2930.14 or 2947.051 of the Revised
Code.
Sec. 2950.99.
(A)(1)(a) Except as otherwise provided in
division (A)(1)(b) of this section, whoever violates a prohibition
in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised
Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a
felony of the first, second,
third, or fourth degree if
committed by an adult or a comparable
category of offense
committed in another jurisdiction, the
offender is guilty of a
felony of the same degree as the most
serious sexually
oriented offense or child-victim oriented
offense that was the
basis of the registration, notice of intent
to reside, change of
address, or address verification requirement
that was violated
under the prohibition, or, if the most serious
sexually oriented
offense or child-victim oriented offense that
was the basis of the
registration, notice of intent to reside,
change of address, or
address verification requirement that was
violated under the
prohibition is a comparable category of
offense committed in
another jurisdiction, the offender is guilty
of a felony of the
same degree as that offense committed in the
other jurisdiction
would constitute if committed in this state.
(iii) If the most serious sexually oriented
offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fifth
degree or
a misdemeanor
if committed by an
adult or a comparable
category
of offense committed in another jurisdiction, the offender is
guilty
of a felony of the fourth degree.
(b) If the offender previously has been convicted of or
pleaded guilty to, or previously has been adjudicated a delinquent
child for committing, a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,
whoever violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code shall be punished as
follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a
felony of the first, second,
or third degree if
committed by an adult or a comparable category
of offense
committed in another jurisdiction, the offender is
guilty of a
felony of the same degree as the most serious
sexually
oriented offense or child-victim oriented offense that
was the
basis of the registration, notice of intent to reside,
change of
address, or address verification requirement that was
violated
under the prohibition, or, if the most serious sexually
oriented
offense or child-victim oriented offense that was the
basis of the
registration, notice of intent to reside, change of
address, or
address verification requirement that was violated
under the
prohibition is a comparable category of offense
committed in
another jurisdiction, the offender is guilty of a
felony of the
same degree as that offense committed in the other
jurisdiction
would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth
degree if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the third degree.
(iv) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a misdemeanor if committed by an
adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the fourth
degree.
(2)(a) In addition to
any penalty
or sanction imposed under
division (A)(1) of this section or any other provision of law for
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is
subject to a community control sanction, is on
parole, is subject to
one or
more
post-release
control sanctions,
or is subject to any other
type
of supervised
release at the time
of the violation, the
violation shall
constitute a violation of
the terms and
conditions
of the
community control sanction,
parole, post-release control
sanction, or other
type of supervised
release.
(b) In addition to any penalty or sanction imposed under
division (A)(1)(b)(i), (ii), or (iii) of this section or any other
provision of law for a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender previously has been convicted of or pleaded guilty to, or
previously has been adjudicated a delinquent child for committing,
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code when the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the requirement that was violated under the
prohibition is a felony if committed by an adult or a comparable
category of offense committed in another jurisdiction, the court
imposing a sentence upon the offender shall impose a definite
prison term of no less than three years. The definite prison term
imposed under this section is not restricted by division (B) of
section 2929.14 of the Revised Code and, subject to division (K)
of section
2967.19 of the Revised Code, shall not be reduced to
less than
three years pursuant to any provision of Chapter 2967.
or any other
provision of
the Revised Code.
(3) As used in division (A)(1) of this section, "comparable
category of offense committed in another jurisdiction" means a
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address notification, or address verification
requirement that was violated, that is a violation of an existing
or former law of another state or the United States, an existing
or former law applicable in a military court or in an Indian
tribal court, or an existing or former law of any nation other
than the United States, and that, if it had been committed in this
state, would constitute or would have constituted aggravated
murder or murder for purposes of division (A)(1)(a)(i) of this
section, a felony of the first, second, third, or fourth
degree
for purposes of division (A)(1)(a)(ii) of this section,
a felony
of the fifth degree or a misdemeanor for
purposes of division
(A)(1)(a)(iii) of this section,
aggravated murder or murder for
purposes of division (A)(1)(b)(i)
of this section, a felony of
the first, second, or third degree for purposes of division
(A)(1)(b)(ii) of this
section, a felony of the fourth or fifth
degree for purposes of
division (A)(1)(b)(iii) of this section,
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this
section.
(B) If a person violates a prohibition in section 2950.04,
2950.041,
2950.05, or 2950.06 of the Revised Code that applies to
the person
as a result of the person being adjudicated a
delinquent child and
being classified a juvenile offender
registrant or an
out-of-state juvenile offender registrant,
both
of the
following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal
offense, including but not limited to a violation of
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of
the Revised Code, and the court
has reason to believe that drug or
alcohol usage by the offender
was a factor leading to the
offender's criminal offense with which the offender is charged or
that, at the time of committing that offense, the offender had a
mental illness or was a mentally retarded person and that the
mental illness or status as a mentally retarded person was a
factor leading to the offender's criminal behavior, the
court may
accept, prior to the
entry of a guilty plea, the
offender's
request for intervention in
lieu of conviction.
The request shall
include a statement from the offender as to whether the offender
is alleging that drug or alcohol usage by the offender was a
factor leading to the criminal offense with which the offender is
charged or is alleging that, at the time of committing that
offense, the offender had a mental illness or was a mentally
retarded person and that the mental illness or status as a
mentally retarded person was a factor leading to the criminal
offense with which the offender is charged. The request also shall
include a waiver
of the
defendant's right to a speedy trial, the
preliminary
hearing, the
time period within which the grand jury
may
consider an indictment
against the offender, and arraignment,
unless the hearing,
indictment, or arraignment has already
occurred.
The
court may
reject an offender's request without a
hearing. If
the court
elects to consider an offender's request,
the court
shall conduct
a hearing to determine whether the
offender is
eligible under this
section for intervention in lieu
of
conviction and shall stay all
criminal proceedings pending the
outcome of the hearing. If the
court schedules a hearing, the
court shall order an assessment of
the offender for the purpose
of
determining the offender's
eligibility for intervention in
lieu of
conviction and
recommending an appropriate intervention
plan.
If the offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court may order that the offender be
assessed by a
program certified pursuant to section 3793.06 of
the Revised Code
or a properly credentialed professional for the
purpose of
determining the offender's eligibility for
intervention in lieu of
conviction and recommending an
appropriate intervention plan. The
program or the properly
credentialed professional shall provide a
written assessment of
the offender to the court.
(2) The victim notification provisions of division
(C) of
section 2930.08 of the
Revised Code apply in relation to any
hearing held under division
(A)(1) of this section.
(B) An offender is
eligible for intervention in lieu of
conviction if the court
finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony offense of violence or previously has
been convicted of or pleaded guilty to any felony that is not an
offense of violence and the prosecuting attorney recommends that
the offender be found eligible for participation in intervention
in lieu of treatment under this section, previously has not
been
through
intervention in
lieu of conviction under this
section
or any
similar regimen, and is charged with a
felony for
which
the
court,
upon conviction, would impose sentence
under
division
(B)(2)(b) of
section 2929.13 of the
Revised
Code or with
a
misdemeanor.
(2) The offense is not a felony of the first, second, or
third
degree, is not an offense of violence, is not a violation of
division (A)(1)
or (2) of section 2903.06 of the Revised Code, is
not a
violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a
violation of division (A) of
section
4511.19 of the Revised Code or a municipal ordinance
that is
substantially similar to that division, and is not an
offense for
which a sentencing court is required to impose a
mandatory prison
term, a mandatory term of local incarceration,
or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of
section
2925.02, 2925.03, 2925.04,
or 2925.06
of the Revised
Code, is not
charged with a violation of section 2925.03 of the Revised Code
that is a felony of the first, second, third, or fourth degree,
and is
not charged with a violation of section 2925.11 of the
Revised
Code that is a felony of the
first, second, or third
degree.
(4) The offender is not charged with a violation of
section
2925.11 of the Revised Code that is a felony of the
fourth
degree,
or the offender is charged with a violation of
that
section that
is a felony of the fourth degree and the
prosecutor
in the case
has recommended that the offender be
classified as
being eligible
for intervention in lieu of
conviction under this
section.
(5) The If an offender alleges that drug or alcohol usage by
the offender was a factor leading to the criminal offense with
which the offender is charged, the court has ordered that the
offender has been be assessed by
an appropriately
licensed
provider, certified facility, or
licensed and
credentialed
professional, including, but not limited
to, a
program licensed
by the department of alcohol and drug
addiction
services pursuant
to section 3793.11 of the
Revised
Code, a
program certified by
that department pursuant to section
3793.06
of the
Revised Code,
a public or private
hospital, the
United
States department of
veterans
affairs, another appropriate
agency
of the government of
the
United States, or a licensed
physician,
psychiatrist,
psychologist, independent social
worker,
professional counselor,
or chemical dependency
counselor or a
properly credentialed
professional for the
purpose of determining
the offender's
eligibility for
intervention
in lieu of conviction
and
recommending an appropriate
intervention
plan, the offender has
been assessed by a program of that nature or a properly
credentialed professional in accordance with the court's order,
and the program
or properly credentialed professional has filed
the written
assessment of the offender with the court.
(5) If an offender alleges that, at the time of committing
the criminal offense with which the offender is charged, the
offender had a mental illness or was a mentally retarded person
and that the mental illness or status as a mentally retarded
person was a factor leading to that offense, the offender has been
assessed by a psychiatrist, psychologist, independent social
worker, or professional clinical counselor for the purpose of
determining the offender's eligibility for intervention in lieu of
conviction and recommending an appropriate intervention plan.
(6) The offender's drug or usage, alcohol usage, mental
illness, or mental retardation, whichever is applicable, was a
factor
leading
to the criminal offense with which the offender is
charged,
intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age
or older, permanently and totally disabled, under
thirteen years of age,
or a peace officer engaged in the officer's
official duties at the time of the
alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the
Revised Code, the alleged violation did not result
in physical harm to any
person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division
(D) of this
section.
(C) At the conclusion of
a hearing held pursuant to
division
(A) of this section, the court
shall enter its
determination as to
whether the offender is
eligible for
intervention in lieu of
conviction and as to
whether to grant the
offender's request. If
the court finds
under division (B) of
this section that the
offender is eligible for
intervention in lieu of conviction and
grants the
offender's
request,
the court shall accept the
offender's plea of guilty and
waiver
of the defendant's right to a
speedy trial, the preliminary
hearing, the time period within
which the grand jury may
consider
an indictment against the
offender, and arraignment,
unless the
hearing, indictment, or
arraignment has already
occurred. In
addition, the court then may
stay all criminal
proceedings and
order the offender to comply
with all terms and
conditions imposed
by the court pursuant to
division
(D) of this section. If the
court finds that the
offender
is not eligible or does not grant
the offender's request,
the
criminal proceedings against the
offender shall proceed as if
the
offender's request for
intervention in lieu of conviction had
not
been made.
(D) If the court grants
an offender's request for
intervention in lieu of conviction,
the court shall place the
offender under the general control and
supervision of the county
probation department, the adult parole
authority, or another
appropriate local probation or court
services agency, if one
exists, as if the offender was subject
to a community control
sanction imposed under section 2929.15,
2929.18, or 2929.25 of
the
Revised
Code. The court shall establish an
intervention plan for
the
offender. The terms and conditions of
the intervention plan
shall
require the offender, for at least
one
year from the date on
which
the court grants the order of
intervention in lieu of
conviction,
to abstain from the use of
illegal drugs and alcohol,
to participate in treatment and recovery support services, and to
submit
to
regular random
testing
for drug and alcohol use and may
include
any other
treatment terms
and conditions, or terms and
conditions
similar
to community
control sanctions, which may
include
community service or restitution, that are ordered by the
court.
(E) If the court grants
an offender's request for
intervention in lieu of conviction and
the court finds that the
offender has successfully completed the
intervention plan for the
offender, including the requirement
that the offender abstain from
using illegal drugs and alcohol for a
period of at least one year
from the
date on which the court
granted the order of intervention
in lieu
of conviction, the requirement that the offender
participate in treatment and recovery support services, and all
other terms and conditions ordered by the
court, the court shall
dismiss the proceedings against the
offender. Successful
completion of the intervention plan and
period of abstinence
under
this section shall be without
adjudication of guilt and is
not a
criminal conviction for
purposes of any disqualification
or
disability imposed by law and
upon conviction of a crime, and
the
court may order the sealing of
records related to the
offense in
question in the manner provided
in sections 2953.31
to 2953.36 of
the Revised
Code.
(F) If the court grants
an offender's request for
intervention in lieu of conviction and
the offender fails to
comply with any term or condition imposed
as part of the
intervention plan for the offender, the
supervising authority for
the offender promptly shall advise the
court of this failure, and
the court shall hold a hearing to determine whether
the offender
failed to comply with any term or condition imposed
as part of the
plan. If the court determines that the offender
has failed to
comply with any of those terms and conditions, it
shall enter a
finding of guilty and shall impose an appropriate
sanction under
Chapter 2929.
of the
Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department
concerning the offender's progress in the program of activity and
treatment, may consider judicial release under section 2929.20 of
the Revised Code.
(G) As used in this
section:
(1) "Community control sanction" has the same meaning as
in
section 2929.01 of the
Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this
section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the
Revised Code.
(4) "Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.
(5) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(6) "Psychologist" has the same meaning as in section 4732.01
of the Revised Code.
Sec. 2967.05. (A) As used in this
section:
(1) "Imminent danger of death" means that the inmate has a
medically diagnosable condition that will cause death to occur
within a short period of time.
As used in division (A)(1) of this section, "within a short
period of time" means generally within six months.
(2)(a) "Medically incapacitated" means any diagnosable
medical condition, including mental dementia and severe, permanent
medical or cognitive disability, that prevents the inmate from
completing activities of daily living without significant
assistance, that incapacitates the inmate to the extent that
institutional confinement does not offer additional restrictions,
that is likely to continue throughout the entire period of parole,
and that is unlikely to improve noticeably.
(b) "Medically incapacitated" does not include conditions
related solely to mental illness unless the mental illness is
accompanied by injury, disease, or organic defect.
(3)(a) "Terminal illness" means a condition that satisfies
all of the following criteria:
(i) The condition is irreversible and incurable and is caused
by disease, illness, or injury from which the inmate is unlikely
to recover.
(ii) In accordance with reasonable medical standards and a
reasonable degree of medical certainty, the condition is likely to
cause death to the inmate within twelve months.
(iii) Institutional confinement of the inmate does not offer
additional protections for public safety or against the inmate's
risk to reoffend.
(b) The department of rehabilitation and correction shall
adopt rules pursuant to Chapter 119. of the Revised Code to
implement the definition of "terminal illness" in division
(A)(3)(a) of this section.
(B) Upon the recommendation of the director of
rehabilitation and
correction, accompanied by a certificate of the
attending physician that an inmate is
terminally ill,
medically
incapacitated, or in imminent danger of
death, the
governor may
order
the inmate's release as if
on
indefinite parole on or
after a
specified date,
reserving the right
to return the inmate
to the
institution
pursuant to this section. The inmate shall not
be
released until an appropriate placement in a skilled nursing
facility has been secured for the inmate and the skilled nursing
facility has secured a funding source for the placement. The
department of job and family services shall give priority to the
processing and
determination of an inmate's eligibility for
initial or continued
medicaid funding under this section. The
department of job and family services'
processing and
determination of the inmate's eligibility may be
based solely on
identifying information provided by the department
of
rehabilitation and correction. In addition to the reimbursement
otherwise provided to a skilled nursing facility under Chapter
5111. of the Revised Code, the department of job and family
services, through the medicaid program, shall reimburse a
skilled
nursing facility that provides care to inmates under this
section
for reasonable additional costs incurred by the facility
in
providing the security required by division (D)(1)(e) of this
section and will take all necessary steps to implement the payment
of these additional costs. An inmate shall not be released
to a
skilled nursing
facility until the inmate has undergone
preadmission screening
and resident review and the level of care
review and
determination process established under the
Administrative Code
and has been determined to meet the criteria
for skilled nursing
care. A skilled nursing facility shall meet
the requirements set
forth in division (D) of this section.
If,
subsequent to the
inmate's release,
the inmate's health
improves
so that the
inmate is no longer terminally ill,
medically incapacitated, or
in
imminent
danger of
death, the
inmate shall be returned,
by
order of the governor, to the
institution from which the
inmate
was released. If the inmate
violates any rules
or
conditions
applicable to the inmate, the
inmate may be
returned to an
institution under the control of the
department of
rehabilitation
and
correction. The governor may
direct the adult
parole authority
to investigate or cause to be
investigated the
inmate and make a
recommendation in the manner
set forth in
section 2967.03 of the
Revised Code. An inmate
released under
this section shall be
subject to supervision by
the adult parole
authority in accordance
with any recommendation
of the adult
parole authority that is
approved by the governor.
The adult
parole authority shall adopt
rules pursuant to section
119.03 of
the Revised Code to establish
the procedure for
medical release
of an inmate
when an inmate is terminally ill,
medically
incapacitated, or in
imminent danger of death.
(C) No inmate is eligible for release under this section if
the inmate is serving a death sentence, a sentence of life without
parole, or a sentence under Chapter 2971. of the Revised Code for
a
felony of the first or second degree, a sentence for aggravated
murder or murder, or a mandatory prison term for an offense of
violence or any specification described in Chapter 2941. of the
Revised Code.
(D)(1) An inmate shall not be released to a skilled nursing
facility under this section unless the skilled nursing facility
meets all of the following requirements:
(a) The skilled nursing facility is certified as a skilled
nursing facility under Title XVIII or XIX of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has
obtained any approval or authorization needed for its operation as
described in division (E) of this section.
(b) The skilled nursing facility is under contract with the
department of rehabilitation and correction solely for the care of
inmates released under this section and is certified by the
department.
(c) The skilled nursing facility is located in Ohio, and the
facility's location presents a minimal risk to public safety.
(d) The skilled nursing facility is operated by a licensed
nursing home administrator who has a minimum of six years of
active licensure, a master's degree in healthcare administration,
and experience in the administration of an assisted living
program, a home care program, a skilled nursing facility, a
hospice care program, and a long term acute care hospital.
(e) Employees of the facility or a contractor provide
security to the skilled nursing facility. The security staff shall
be directed by a person with at least thirty years of experience
as a law enforcement officer with a law enforcement agency
employing a minimum of five hundred law enforcement officers,
whose experience includes a minimum of five years
of supervisory
experience.
(2) The department of health shall issue a certificate of
need to the operator of a skilled nursing facility that accepts
inmates under this section.
(E) The department of job and family services shall apply to
the centers for medicare and medicaid services of the United
States department of health and human services for any approval or
other authorization needed for the operation of the skilled
nursing facility to be used to provide care to inmates under this
section, and for a statement of the applicable parameters for
operation of the facility. The department shall notify the
facility and the department of rehabilitation and correction of
the grant by the centers of any such approval or authorization
needed for the facility and of the applicable parameters for its
operation.
(F) Sections 3721.10
to 3721.18 of the Revised Code do not
apply to an inmate receiving care in a
skilled nursing facility
under divisions (B) to (D) of this section.
Sec. 2967.14. (A) The department of rehabilitation and
correction or the adult parole authority may require or allow
a
parolee or, a releasee, or a prisoner otherwise released from a
state correctional institution to reside in a halfway house or
other suitable
community residential center that has been licensed
by the
division of parole and community services pursuant to
division (C)
of this
section during a part
or for the entire
period of the offender's or
parolee's conditional release or of
the
releasee's term of
post-release control. The court of common
pleas that
placed an
offender under a sanction consisting of a
term in a halfway house
or
in an alternative residential sanction
may require the offender
to reside in a halfway house or other
suitable community
residential center that is designated by the
court and
that has
been licensed by the division pursuant to
division (C)
of this
section during a part or for the entire
period of the
offender's
residential sanction.
(B) The division of parole and community services may
negotiate and enter into agreements
with any public or private
agency or a department or political
subdivision of the state that
operates a halfway house, reentry center, or
community residential
center that has
been licensed by the
division pursuant to division
(C) of this
section. An agreement
under this division shall
provide for
the purchase of beds, shall set
limits of supervision
and levels of occupancy, and shall determine
the scope of services
for all eligible offenders, including those
subject to a
residential sanction, as defined in rules adopted by
the director
of
rehabilitation and correction in accordance with
Chapter 119.
of the Revised Code, or those released from prison without
supervision.
The
payments
for beds and
services shall be equal to
the halfway house's or community
residential
center's average
daily per capita costs with its
facility at full
occupancy. The
payments
for beds and
services shall not
exceed the
total
operating costs of the halfway
house, reentry center, or
community
residential center during the term of an
agreement.
The
director
of rehabilitation and correction shall
adopt rules
in
accordance
with Chapter 119. of the Revised Code
for
determining
includable
and excludable costs and income to be
used
in computing
the
agency's average daily per capita costs with
its
facility at
full
occupancy.
The department of rehabilitation and correction may use
no
more than ten per cent of the amount appropriated to
the
department each fiscal
year for the halfway house, reentry center,
and
community residential center
program to pay for contracts for
nonresidential services for
offenders under the supervision of the
adult parole authority.
The nonresidential services may include,
but are not limited to,
treatment for
substance abuse, mental
health
counseling,
and
counseling for sex offenders, and
electronic monitoring services.
(C) The division of parole and community services may
license
a halfway house, reentry center,
or community residential center
as a
suitable facility for the
care and treatment of adult
offenders, including offenders sentenced under section 2929.16 or
2929.26 of the Revised Code,
only if the halfway house, reentry
center,
or community residential center complies
with the
standards that
the division adopts in accordance with
Chapter 119.
of the
Revised Code for the licensure of halfway
houses, reentry
centers, and community
residential centers. The division shall
annually inspect each
licensed halfway house, licensed reentry
center, and licensed
community residential center
to determine if
it is in compliance
with the licensure standards.
Sec. 2967.19. (A) The director of rehabilitation and
correction may petition the sentencing court for the release from
prison of any offender confined in a state correctional
institution under a stated prison term of one year or more who has
served at least eighty-five per cent of the
offender's stated
prison term and is eligible under division (B)
of this section
for a release under this section. If the director wishes to submit
a petition for release under this section, the director shall
submit the petition not earlier than ninety days prior to the date
on which the offender has served eighty-five per cent of the
offender's stated prison term. The director's
submission of a
petition for release under this section
constitutes a
recommendation by the director that the court
strongly consider
release of the offender consistent with the
purposes and
principles of sentencing set forth in section 2929.13
of the
Revised Code.
(B) Except as otherwise provided in this division, an
offender serving a stated prison term of one year or more is
eligible for release from prison
under this section. An offender
is not eligible for release from
prison under this section if the
offender is serving a term of
life imprisonment, including any
term of life imprisonment that
has parole eligibility, if the
offender is serving a mandatory prison term imposed under division
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section
2929.14 of the Revised Code, or if the
offender is serving a
prison
term for any of the following:
(1) Aggravated murder, murder, voluntary manslaughter,
involuntary manslaughter, felonious assault, kidnapping, rape,
aggravated arson, or aggravated robbery;
(2) Complicity in, an attempt to commit, or conspiracy to
commit any offense listed in division (B)(1) of this section;
(3) Any offense that is a felony of the first or second
degree, that is not described in division (B)(1) or (2) of this
section, and for which the offender is not serving a term of life
imprisonment if the offender previously has been convicted of or
pleaded guilty to aggravated murder, murder, any felony of the
first or second degree, or any offense under an existing or former
law of this state, another state, or the United States that is or
was substantially equivalent to aggravated murder, murder, or a
felony of the first or second degree;
(4) Any felony, other than carrying a concealed weapon, that
was committed while the person had a firearm, as defined in
section 2923.11 of the Revised Code, on or about the offender's
person or under the offender's control;
(5) Any violation of section 2925.03 of the Revised Code that
is a felony of the first or second degree;
(6) Engaging in a pattern of corrupt activity in violation of
section 2923.32 of the Revised Code.
(C) The director shall include with any petition submitted to
the sentencing court under this section an institutional summary
report that covers the offender's participation while confined in
a state correctional institution in school, training, work,
treatment, and other rehabilitative activities and any
disciplinary action taken against the offender while so confined.
The director shall include with the petition a post-release
control assessment and placement plan, when relevant, and any
other documentation requested by the court, if available.
(D) When the director submits a petition under this section
for release of an offender, the department promptly shall give
notice of the petition to the prosecuting attorney of the county
in which the offender was indicted and to any victim of the
offender or victim's representative of any victim of the offender
who is registered with the office of victim's services.
The department also shall post notice of the petition on the
database it maintains under section 5120.66 of the Revised Code
and include information on where a person may send comments
regarding the petition.
(E) Upon receipt of a petition for release of an offender
submitted by the director under this section, the court may deny
the petition without a hearing. The court shall not grant a
petition for release of an offender without a hearing. If a court
denies a petition for release of an offender without a hearing,
the court may later consider release of that offender on a
subsequent petition. The court shall enter its ruling within
thirty days after the petition is filed.
(F) If the court grants a hearing on a petition for release
of an offender, the court shall notify the head of the state
correctional institution in which the offender is confined of the
hearing prior to the hearing. If the court makes a journal entry
ordering the offender to be conveyed to the hearing, except as
otherwise provided in this division, the head of
the correctional
institution shall deliver the offender to the
sheriff of the
county in which the hearing is to be held, and the
sheriff shall
convey the offender to and from the hearing. Upon the court's own
motion or the motion of the offender or the prosecuting attorney
of the county in which the offender was indicted, the court may
permit the offender to appear at the hearing by video conferencing
equipment if equipment of that nature is available and compatible.
Upon receipt of notice from a court of a hearing on the
release of an offender under this division, the head of the state
correctional institution in which the offender is confined
immediately shall notify the appropriate person at the department
of rehabilitation and correction of the hearing, and the
department within twenty-four hours after receipt of the notice
shall post on the database it maintains pursuant to section
5120.66 of the Revised Code the offender's name and all of the
information specified in division (A)(1)(c)(i) of that section. If
the court grants a hearing on a petition for release of an
offender under this section, the court promptly shall give notice
of the hearing to the prosecuting attorney of the county in which
the offender was indicted. Upon receipt of the notice from the
court, the prosecuting attorney shall notify pursuant to section
2930.16 of the Revised Code any victim of the offender or the
victim's representative of the hearing.
(G) If the court grants a hearing on a petition for release
of an offender under this section, at the hearing, the court shall
afford the offender and the offender's attorney an opportunity to
present written information and, if present, oral information
relevant to the motion. The court shall afford a similar
opportunity to the prosecuting attorney, victim or victim's
representative, as defined in section 2930.01 of the Revised Code,
and any other person the court determines is likely to present
additional relevant information. If the court pursuant to division
(F) of this section permits the offender to appear at the hearing
by video conferencing equipment, the offender's opportunity to
present oral information shall be as a part of the video
conferencing. The court shall consider any
statement of a victim
made under section 2930.14 or 2930.17 of the
Revised Code, any
victim impact statement prepared under 2947.051
of the Revised
Code, and any report, plan, and other documentation
submitted by
the director under division (C) of this section.
After ruling on
the motion, the court shall notify the victim in
accordance with
sections 2930.03 and 2930.16 of the Revised Code.
(H) If the court grants a petition for release of an offender
under this section, it shall order the offender's release under
the supervision of the adult parole authority. The court shall not
make a release under this section effective prior to the date on
which the offender has served at least eighty-five per cent of the
offender's stated prison term. If
the sentence
under which the
offender is confined in a state
correctional
institution and
from which the offender is being
released was
imposed for a
felony of the first or second degree,
the court
shall order that
the offender be monitored by means of
a global
positioning
device, with the cost of monitoring borne by
the
offender
through the imposition of supervision fees under
section
5120.56
of the Revised Code. If the offender is indigent,
the cost
shall
be paid out of the reparations fund created under
section
2743.191 of the Revised Code. The initial period of
supervision
by
the adult parole authority and the monitoring of
the offender
by
means of a global positioning device when ordered
shall
conclude
on the date of expiration of the stated prison
term
from which the
offender was released. If the parole board
imposed a period of
post-release control on the offender under
section 2967.28 of the
Revised Code, upon the conclusion of that
initial period of
supervision and that initial period of
monitoring when ordered,
the offender shall be placed on
post-release control in accordance
with the post-release control
sanctions the board imposed on the
offender under that section.
If the court grants a petition for release of an offender
under this section, it shall notify the appropriate person at the
department of rehabilitation and correction of the release, and
the department shall post notice of the release on the database it
maintains pursuant to section 5120.66 of the Revised Code.
(I) Within ninety days after the effective date of this
section, the chair of the parole board or the chair's designee
shall review the cases of all parole-eligible inmates who are age
sixty-five or older and who have had a statutory
first parole
consideration hearing.
(J) Upon completion of the review described in division (I)
of this section, the chair of the parole board shall present to
the board the cases of the offenders described in that division.
Upon presentation of the case of an offender, the board, by
majority vote, may choose to rehear the offender's case for
possible release on parole.
(K)(1) An offender who is
serving a mandatory prison term
imposed under a provision other
than division (D)(1)(a),
(D)(1)(c), (D)(1)(f), (D)(1)(g), or
(D)(2) of section 2929.14 of
the Revised Code is not automatically
ineligible as a result of
the offender's service of that term for
release from prison under
this section.
(2) An offender who is serving a mandatory prison term
imposed under division (D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g),
or (D)(2) of section 2929.14 of the Revised Code and one or more
other prison terms or mandatory prison terms may be eligible for
release from prison under this section after the offender has
served all mandatory prison terms imposed under division
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section
2929.14 of the Revised Code, if the offender otherwise is eligible
for the release under divisions (B) and (K)(1) of this section.
(L) The department shall adopt under Chapter 119. of the
Revised Code any rules necessary to implement this section.
Sec. 2967.193. (A) Except as provided in division (C) of
this section or in
section 2929.13, 2929.14, or
2967.13 of the
Revised Code and subject to the maximum total specified in this
section, a person confined in a state
correctional
institution
may earn one day or five days of credit, determined
based on the
category set forth in division (D)(1), (2), or (3) of
this
section in which the person is included, as a deduction
from
the
person's stated prison term for each full completed month
during
which the person
productively participates in an education
program,
vocational training, employment in prison industries, or
treatment for substance
abuse, treatment as a sex offender, or any
other constructive program as
developed by the department with
specific standards for
performance by
prisoners. At the end of
each calendar month in
which a prisoner productively
participates
in a program or
activity listed in this division, the department
of rehabilitation
and correction shall deduct one day from the
date on which
the
prisoner's stated prison term will expire. The
total number of days of credit that a person may earn under this
section shall not exceed eight per cent of the total number of
days in the person's stated prison term. If
the prisoner
violates
prison rules, the
department may deny the
prisoner a
credit that otherwise
could
have
been awarded to the
prisoner or
may withdraw one or more
credits previously
earned
by the
prisoner.
If a prisoner is released before the expiration of the
prisoner's stated
prison term by reason of credit earned under
this section, the department
shall retain
control of the prisoner
by means of an appropriate post-release
control sanction imposed
by the parole board until the end of the stated
prison term if
the
parole board imposes a post-release control sanction
pursuant to
section 2967.28 of the Revised Code. If the parole
board is not
required to impose a post-release control sanction
under section
2967.28 of
the Revised Code, the parole board may
elect not to
impose a post-release
control sanction on the
prisoner.
(B) The department of rehabilitation and correction shall
adopt
rules that specify the programs or activities for which
credit may be earned
under this section, the criteria for
determining productive participation in
the programs or activities
and for awarding credit, and the criteria for
denying or
withdrawing previously earned credit as a result of a violation of
prison rules.
(C) No person who is serving a sentence of life imprisonment
without parole imposed pursuant to section 2929.03 or 2929.06 of
the Revised
Code or, who is serving a prison term or a term of
life imprisonment without
parole imposed pursuant to section
2971.03 of the Revised Code, or who is serving a sentence for a
sexually oriented offense shall be
awarded any days of credit
under division (A) of this section.
(D) The determination of
whether a person confined in a
state correctional institution may
earn one day of credit or five
days of credit under division (A)
of this section for each
completed month during which the person
productively participates
in a program specified under that
division shall be made in
accordance with the following:
(1) The offender may earn one day of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the most serious offense for which the offender is
confined is any of the following that is a felony
of the first or
second degree:
(a) A violation of section 2903.11, 2903.15, 2905.01,
2907.21, 2907.24, 2907.25, 2909.02, 2909.09, 2909.10,
2909.101,
2909.26, 2909.27, 2909.29, 2911.01, 2911.02, 2911.11,
2911.12,
2919.13, 2919.151, 2919.22, 2921.34, 2923.01, 2923.131,
2923.162,
2923.32, 2925.24, or 2927.24 of the Revised Code;
(b) A conspiracy or attempt to commit, or complicity in
committing, aggravated murder, murder, any other offense for
which the maximum penalty is death or imprisonment for life, or
any offense listed in division (D)(1)(a) of this section.
(2) The offender may earn five days of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the most serious offense for which the offender is
confined is a felony of the first or second degree and division
(D)(1) of this section does not apply to the offender.
(3) The offender may earn five days of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the most serious offense for which the offender is
confined is a felony of the third, fourth, or fifth degree or an
unclassified felony.
(E) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.
Sec. 2967.28. (A) As used in this section:
(1) "Monitored time" means the monitored time
sanction
specified in section 2929.17 of the Revised
Code.
(2) "Deadly weapon" and "dangerous
ordnance" have the same
meanings as in section 2923.11 of
the Revised Code.
(3) "Felony sex offense" means a violation of a section
contained in
Chapter 2907. of the Revised Code that is a felony.
(B) Each sentence to a prison term for a felony
of the first
degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree
that is not a felony
sex offense and in the commission of which the offender
caused or
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of
post-release control imposed by the parole board after the
offender's
release from imprisonment. If a court imposes a
sentence including a prison term of a type described in this
division on or after July 11,
2006, the failure of a sentencing
court to notify the offender
pursuant to division (B)(3)(c) of
section 2929.19 of the Revised
Code of this requirement or to
include in the judgment of
conviction entered on the journal a
statement that the offender's
sentence includes this requirement
does not negate, limit, or
otherwise affect the mandatory period
of supervision that is
required for the offender under this
division. Section 2929.191 of
the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a
prison
term of a type described in this division and failed to
notify
the offender pursuant to division (B)(3)(c) of section
2929.19 of
the Revised Code regarding post-release control or to
include in
the judgment of conviction entered on the journal or in
the
sentence pursuant to division (F)(1) of section 2929.14 of the
Revised Code a statement regarding post-release control. Unless
reduced by the
parole board
pursuant to division (D) of this
section when
authorized under that
division, a period of
post-release control
required by this division for an offender
shall be of one
of the
following periods:
(1) For a felony of the first degree or for a felony sex
offense, five
years;
(2) For a felony of the second degree that is not a felony
sex offense,
three years;
(3) For a felony of the third degree that is not a felony
sex
offense and in the commission of which the offender caused or
threatened
physical harm to a person, three years.
(C) Any sentence to a prison term for a felony
of the third,
fourth, or
fifth degree that is not subject to division (B)(1) or
(3) of this
section shall include a requirement that the offender
be
subject to a period of post-release control of up to three
years
after the offender's release from imprisonment, if the
parole board, in
accordance with division (D) of this section,
determines that a
period of post-release control is necessary for
that offender. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a
court imposed a sentence including a
prison term of a type
described in this division and failed to
notify the offender
pursuant to division (B)(3)(d) of section
2929.19 of the Revised
Code regarding post-release control or to
include in the judgment
of conviction entered on the journal or
in the sentence pursuant
to division (F)(2) of section 2929.14 of
the Revised Code a
statement regarding post-release control.
Pursuant to an agreement
entered into under section 2967.29 of
the Revised Code, a court of
common pleas or parole board may
impose sanctions or conditions on
an offender who is placed on
post-release control under this
division.
(D)(1) Before the prisoner is released from
imprisonment,
the
parole board or, pursuant to an agreement under section 2967.29 of
the Revised Code, the court
shall impose upon a prisoner
described
in
division (B) of this section, may impose
upon a prisoner
described
in division (C) of this
section, and shall impose upon a
prisoner
described in division
(B)(2)(b) of section 5120.031 or in
division
(B)(1) of section 5120.032 of the Revised
Code, one or
more
post-release control sanctions to apply
during the prisoner's
period of post-release control. Whenever the board or court
imposes one or
more post-release control sanctions upon a
prisoner, the board or court,
in
addition to imposing the
sanctions, also shall include as a
condition of
the post-release
control that the offender
not
leave the state
without permission
of the court or the
offender's
parole or probation officer and
that the
offender abide by the
law. The board or court may impose
any
other
conditions of release under a post-release control
sanction
that the board or court
considers appropriate, and the
conditions
of
release may include any
community residential
sanction,
community
nonresidential sanction, or
financial
sanction that the
sentencing
court was authorized to impose
pursuant
to sections
2929.16,
2929.17, and 2929.18 of the Revised
Code. Prior to
the
release of
a prisoner for whom it will impose
one or more
post-release
control sanctions under this division,
the parole
board or court shall
review the
prisoner's
criminal
history, all
juvenile court
adjudications finding the prisoner,
while a
juvenile, to be a
delinquent child, and the record of the
prisoner's conduct while
imprisoned. The parole board or court
shall consider any recommendation
regarding
post-release control
sanctions for the prisoner made by
the office of victims'
services. After considering those
materials, the board or court
shall
determine, for a prisoner described in
division (B) of
this
section, division (B)(2)(b) of
section
5120.031, or division
(B)(1) of section 5120.032
of the Revised
Code, which post-release
control
sanction or combination of
post-release control sanctions
is
reasonable under the
circumstances or, for a prisoner described
in division (C) of this
section, whether a post-release
control
sanction is necessary and,
if so, which post-release
control
sanction or combination of
post-release control sanctions
is
reasonable under the
circumstances. In the case of a prisoner
convicted of
a felony of
the fourth
or fifth degree other than a
felony sex offense, the
board or court shall presume that
monitored time is the appropriate
post-release control sanction
unless the
board or court determines that a
more restrictive
sanction is
warranted. A post-release control
sanction imposed
under this
division takes effect upon the
prisoner's release from
imprisonment.
Regardless of whether the prisoner was sentenced to the
prison term prior to, on, or after July 11, 2006, prior to the
release of a prisoner for
whom it will impose one or more
post-release control sanctions
under this division, the parole
board shall notify the prisoner
that, if the prisoner violates
any sanction so imposed or any
condition of post-release control
described in division (B) of
section 2967.131 of the Revised Code
that is imposed on the
prisoner, the parole board may impose a
prison term of up to
one-half of the stated prison term
originally imposed upon the
prisoner.
(2) If a prisoner who is placed on post-release control under
this section is released before the expiration of the prisoner's
stated prison term by reason of credit earned under section
2967.193 of the Revised Code and if the prisoner earned sixty or
more days of credit, the adult parole authority shall supervise
the offender with an active global positioning system device for
the first fourteen days after the offender's release from
imprisonment. This division does not prohibit or limit the
imposition of any post-release control sanction otherwise
authorized by this section.
(3) At any time after a prisoner is
released from
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole
authority or,
pursuant to an agreement under section 2967.29 of the Revised
Code, the court may
review
the releasee's behavior under the
post-release control
sanctions
imposed upon the releasee under
this section. The authority or court may
determine, based upon the
review and in accordance with the
standards
established under
division (E) of this section, that a
more
restrictive or a
less
restrictive sanction is appropriate and
may impose a
different
sanction.
The
authority also may recommend
that the parole board
or court
increase or reduce the
duration of the period of
post-release
control imposed by the
court. If the authority
recommends that the
board or court increase the duration of
post-release control, the
board or court shall review the
releasee's behavior and may
increase the duration of the period
of post-release control
imposed by the court up to eight years.
If the authority
recommends that the board or court
reduce the
duration of control
for an
offense described in division
(B) or
(C) of
this
section, the board or court
shall review the
releasee's
behavior and may
reduce the duration of the period of
control
imposed by the court.
In no case shall the board or court
reduce
the duration
of the period of
control imposed for an
offense described in
division
(B)(1) of this section to a period
less than the length of the stated prison term originally imposed,
and in no case shall the board or court
permit the
releasee to
leave the
state without permission of the court or the
releasee's
parole or probation
officer.
(E) The department of rehabilitation and correction, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules that do all of the
following:
(1) Establish standards for the imposition by the
parole
board of post-release control sanctions under this section
that
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised
Code and
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can
determine which prisoners described in division (C) of
this
section should be placed under a period of post-release
control;
(3) Establish standards to be used by the parole board
in
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release
control
sanction than monitored time upon a prisoner convicted of a felony
of
the fourth or fifth
degree other than a felony sex offense, or
in imposing a less restrictive
control sanction
upon a releasee
based on the releasee's activities including, but
not limited to,
remaining free from criminal activity and from
the abuse of
alcohol or other drugs, successfully participating
in approved
rehabilitation programs, maintaining employment, and
paying
restitution to the victim or meeting the terms of other
financial
sanctions;
(4) Establish standards to be used by the adult parole
authority in
modifying a releasee's post-release control sanctions
pursuant to division
(D)(2) of this section;
(5) Establish standards to be used by the adult parole
authority or parole
board in imposing further sanctions under
division (F) of this
section on releasees who violate post-release
control sanctions,
including standards that do the following:
(a) Classify violations according to the degree of
seriousness;
(b) Define the circumstances under which formal
action by
the
parole board is warranted;
(c) Govern the use of evidence at violation hearings;
(d) Ensure procedural due process to an alleged violator;
(e) Prescribe nonresidential community control
sanctions for
most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to
imprisonment for
violations of post-release control.
(F)(1) Whenever the parole board imposes one or more
post-release control sanctions upon an
offender under
this
section,
the offender upon release from
imprisonment shall be
under the general
jurisdiction of the
adult
parole authority and
generally shall be supervised by the
field services section
through its staff of parole and
field
officers
as described in
section 5149.04 of the Revised
Code, as if the
offender had been
placed on parole. If the
offender upon release
from imprisonment
violates the
post-release
control sanction or
any
conditions
described in
division (A) of
section 2967.131 of
the Revised Code
that are imposed on
the
offender, the public or
private
person or
entity that
operates or
administers the sanction
or the program or
activity
that comprises
the sanction shall
report the violation
directly
to the adult
parole authority or to
the officer of the
authority
who supervises
the offender. The
authority's officers
may treat
the offender as
if the offender
were on parole and in
violation of the
parole, and
otherwise shall
comply with this
section.
(2) If the adult parole authority or, pursuant to an
agreement under section 2967.29 of the Revised Code, the court
determines that a
releasee
has violated a post-release control
sanction or any conditions
described in division (A) of section
2967.131 of the Revised Code
imposed
upon the releasee and that a
more restrictive sanction is
appropriate,
the authority or court
may impose a more restrictive sanction
upon the
releasee, in
accordance with the standards established
under
division (E) of
this section or in accordance with the agreement made under
section 2967.29 of the Revised Code,
or may report the violation
to
the parole board for
a hearing
pursuant to division (F)(3) of
this
section. The
authority or court may not, pursuant to this
division,
increase
the duration of the releasee's post-release
control or
impose as a
post-release control sanction a
residential sanction
that includes
a prison term,
but the
authority or court may impose on the
releasee any other
residential
sanction, nonresidential sanction,
or financial
sanction that the sentencing
court was authorized to
impose
pursuant to sections 2929.16, 2929.17, and
2929.18 of the
Revised
Code.
(3) The parole board or, pursuant to an agreement under
section 2967.29 of the Revised Code, the court may hold a hearing
on
any alleged
violation by a releasee of a post-release control
sanction or any
conditions described in
division (A) of
section
2967.131 of the
Revised Code that are imposed upon the
releasee.
If after the
hearing the
board or court finds that
the releasee
violated the sanction or
condition, the board or court
may
increase the
duration of the releasee's
post-release control up to
the maximum
duration authorized by
division (B) or (C) of
this
section or impose a more restrictive
post-release control
sanction.
When appropriate, the board or court may
impose as a
post-release control sanction a residential sanction
that
includes
a prison term.
The board or court shall consider a prison
term as
a post-release control
sanction imposed for a violation of
post-release control when the
violation
involves a deadly weapon
or dangerous ordnance, physical harm or
attempted serious physical
harm to a person, or sexual misconduct,
or when the releasee
committed repeated violations of
post-release control sanctions.
Unless a releasee's stated prison term was reduced pursuant to
section 5120.032 of the Revised Code, the period of a prison term
that
is
imposed as a post-release
control sanction under this
division shall not
exceed nine months,
and the maximum cumulative
prison term for all
violations under
this division shall not
exceed one-half
of the stated prison
term
originally imposed upon
the offender as part of this sentence.
If a releasee's stated
prison term was reduced pursuant to section 5120.032 of the
Revised Code, the period of a prison term that is imposed as a
post-release control sanction under this division and the maximum
cumulative prison term for all violations under this division
shall not exceed the period of time not served in prison under the
sentence imposed by the court. The
period of a prison term that is
imposed as a
post-release
control
sanction under this division
shall not count as, or be
credited
toward, the remaining period of
post-release control.
If an offender is imprisoned for a felony committed while
under post-release control supervision and is again released on
post-release control for a period of time determined by division
(F)(4)(d) of this section, the maximum cumulative prison term for
all violations under this division shall not exceed one-half of
the total stated prison terms of the earlier felony, reduced by
any prison term administratively imposed by the parole board or
court, plus
one-half of the total stated prison term of the new
felony.
(4)
Any period of post-release control shall commence upon
an
offender's actual release from prison. If an offender is
serving
an
indefinite prison term or a life sentence in addition
to a
stated prison term,
the offender shall serve the period of
post-release control in the following
manner:
(a) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under a
life sentence or an indefinite sentence, and if the period
of post-release
control ends prior to the period of parole, the
offender shall be supervised
on parole. The offender shall
receive
credit for post-release control
supervision during the
period of
parole. The offender is not eligible for
final release
under
section 2967.16 of the Revised Code until
the post-release
control
period
otherwise would have ended.
(b) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under an
indefinite sentence, and if the period of parole ends
prior to the period of
post-release control, the offender shall be
supervised on post-release
control. The requirements of parole
supervision shall be satisfied during the
post-release control
period.
(c) If an offender is subject to more than one period of
post-release control, the period of post-release control for all
of the
sentences shall be the period of post-release control that
expires last, as
determined by the parole board or court. Periods
of
post-release control shall be
served concurrently and shall not
be
imposed consecutively to each other.
(d) The period of
post-release control for a releasee who
commits a felony while
under post-release control for an earlier
felony shall be the
longer of the period of post-release control
specified for the
new felony under division (B) or (C) of this
section or the time remaining under the period of post-release
control imposed for the earlier felony as determined by the parole
board or court.
Sec. 2981.07. (A) No person shall destroy, damage, remove,
or transfer property that is subject to forfeiture or otherwise
take any action in regard to property that is subject to
forfeiture with purpose to do any of the following:
(1) Prevent or impair the state's or political subdivision's
lawful authority to take the property into its custody or control
under this chapter or to continue holding the property under its
lawful custody or control;
(2) Impair or defeat the court's continuing jurisdiction over
the person and property;
(3) Devalue property that the person knows, or has reasonable
cause to believe, is subject to forfeiture proceedings under this
chapter.
(B)(1) Whoever violates this section is guilty of
interference with or diminishing forfeitable property.
(2) Except as otherwise provided in divisions (B)(3), (4),
and (5) of this section, interference with or diminishing
forfeitable property is a misdemeanor of the first degree.
(3) If the value of the property is five hundred one thousand
dollars or
more but less than five seven thousand five hundred
dollars, interference
with
or diminishing forfeitable property
is a felony of the fifth
degree.
(4) If the value of the property is five seven thousand five
hundred dollars or
more but less than one hundred fifty thousand
dollars, interference with
or diminishing forfeitable property
is a felony of the fourth
degree.
(5) If the value of the property is one hundred fifty
thousand
dollars or more, interference with or diminishing
forfeitable
property is a felony of the third degree.
Sec. 4507.51. (A)(1) Every application for an
identification
card or duplicate shall be made on a form
furnished
by the
registrar of motor vehicles, shall be signed by
the
applicant, and
by the applicant's parent or guardian if
the
applicant is
under
eighteen years of age, and shall contain the
following
information
pertaining to the applicant: name, date of
birth,
sex, general
description including the applicant's height,
weight, hair color,
and eye color, address,
and social security
number. The
application also shall state whether an applicant
wishes to
certify willingness to
make an anatomical gift under
section
2108.05 of the Revised Code
and shall include information
about
the requirements of sections 2108.01 to 2108.29 of the
Revised
Code that apply to persons who are
less than eighteen
years of
age. The statement regarding
willingness to make such a
donation
shall be given no
consideration in the decision of
whether to
issue an
identification card. Each applicant shall be
photographed
in
color
at the time of making application.
(2)(a) The application also shall
state whether the applicant
has executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to 1337.17
of the Revised Code or has
executed a declaration governing the
use or continuation, or the
withholding or withdrawal, of
life-sustaining treatment pursuant
to sections 2133.01
to 2133.15 of the Revised Code and, if the
applicant has executed
either type of
instrument, whether the
applicant wishes the
identification card issued to indicate that
the applicant has
executed the instrument.
(b) On and after October 7, 2009, the application
also shall
state
whether the applicant is
a veteran, active duty, or
reservist of the
armed
forces of the United
States and, if the
applicant is such, whether the applicant wishes the
identification card
issued to indicate that the applicant is a
veteran, active duty, or reservist of the
armed forces of the
United
States by a military designation on
the identification
card.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for an identification card or
duplicate if
the applicant is eligible and wishes to be
registered as an
elector. The decision of an applicant whether
to register as an
elector shall be given no consideration in the
decision of whether
to issue the applicant an identification
card or duplicate.
(B) The application for an identification card or
duplicate
shall be filed in the office of the registrar or
deputy registrar.
Each applicant shall present documentary evidence as
required by
the registrar of the applicant's age and
identity,
and the
applicant shall swear that all
information
given is true. An
identification card issued by the department of rehabilitation and
correction under section 5120.59 of the Revised Code shall be
sufficient documentary evidence under this division upon
verification of the applicant's social security number by the
registrar or a deputy registrar. Upon issuing
an identification
card under this section for a person who has
been issued an
identification card under section 5120.59 of the
Revised Code,
the registrar or deputy registrar shall destroy the
identification card issued under section 5120.59 of the Revised
Code.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
(C) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment, the
form furnished by the registrar of motor
vehicles for an
application for an identification card or
duplicate shall inform
applicants that the applicant must present
a copy of the
applicant's DD-214 or an equivalent document in
order to qualify
to have the card or duplicate indicate that the
applicant is an
honorably discharged veteran of the armed forces
of the United
States based on a request made pursuant to division
(A)(2)(b) of
this section.
Sec. 5120.035. (A) As used in this section:
(1) "Alcohol and drug addiction services" has the same
meaning as in section 3793.01 of the Revised Code.
(2) "Second Chance Act" means the "Second Chance Act of 2007:
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42
U.S.C. 17501, et seq., as now or hereafter amended.
(B) The department of rehabilitation and correction, together
with the department of alcohol and drug addiction services as the
single state authority for alcohol and drug addiction services,
shall develop an implementation plan related to any funding
approved by the bureau of justice assistance of the United States
department of justice through the Second Chance Act related to
reentry of offenders into the community. The department of
rehabilitation and correction, together with the department of
alcohol and drug addiction services, shall develop the plan not
later than ninety days after either of the departments is notified
by the United States department of justice that this state will
receive funding through the Second Chance Act. The implementation
plan shall include, but is not limited to, all of the following:
(1) A process and funding system for the reentry of offenders
seeking alcohol and drug addiction services;
(2) The planning, development, implementation, outcomes,
monitoring, regulation, and evaluation of a statewide system for
clinically appropriate alcohol and drug addiction services.
Sec. 5120.07. (A) There is hereby created the ex-offender
reentry coalition consisting of the following seventeen
members or
their designees:
(1) The director of rehabilitation and correction;
(2) The director of aging;
(3) The director of alcohol and drug addiction services;
(4) The director of development;
(5) The superintendent of public instruction;
(6) The director of health;
(7) The director of job and family services;
(8) The director of mental health;
(9) The director of mental retardation and developmental
disabilities;
(10) The director of public safety;
(11) The director of youth services;
(12) The chancellor of the Ohio board of regents;
(13) The director A representative or member of the
governor's office of external
affairs and economic opportunity
staff;
(14) The director of the governor's office of faith-based and
community initiatives;
(15) The director of the rehabilitation services commission;
(16)(15) The director of the department of commerce;
(17)(16) The executive director of a health care licensing
board
created under Title XLVII of the Revised Code, as appointed
by the
chairperson of the coalition;
(17) The director of veterans services.
(B) The members of the coalition shall serve without
compensation. The director of rehabilitation and correction or the
director's designee shall be the chairperson of the coalition.
(C) In consultation with persons interested and involved in
the reentry of ex-offenders into the community, including but not
limited to, service providers, community-based organizations, and
local governments, the coalition shall identify and examine social
service barriers and other obstacles to the reentry of
ex-offenders into the community. Not later than one year after the
effective date of this act April 7, 2009, and on or before the
same date of each
year thereafter, the coalition shall submit to
the speaker of the
house of representatives and the president of
the senate a report,
including recommendations for legislative
action, the
activities
of the coalition, and the barriers
affecting the
successful
reentry of ex-offenders into the
community. The report
shall
analyze the effects of those
barriers on ex-offenders and on
their children and other family
members in various areas,
including but not limited to, the
following:
(1) Admission to public and other housing;
(2) Child support obligations and procedures;
(3) Parental incarceration and family reunification;
(4) Social security benefits, veterans' benefits, food
stamps, and other forms of public assistance;
(6) Education programs and financial assistance;
(7) Substance abuse, mental health, and sex offender
treatment programs and financial assistance;
(8) Civic and political participation;
(9) Other collateral consequences under the Revised Code or
the Ohio administrative code law that may result from a criminal
conviction.
Sec. 5120.10. (A)(1) The director of rehabilitation and
correction, by rule, shall promulgate minimum standards for jails
in Ohio, including minimum security jails dedicated
under section
341.34 or 753.21 of the Revised Code. Whenever the
director files
a rule or an amendment to a rule in final form
with both the
secretary of state and the director of the
legislative service
commission pursuant to section 111.15 of the
Revised Code, the
director of rehabilitation and correction
promptly shall send a
copy of the rule or
amendment, if the rule or amendment pertains
to minimum jail
standards, by ordinary mail to the political
subdivisions or affiliations of
political subdivisions that
operate jails to which the standards apply.
(2) The rules promulgated in accordance with division
(A)(1)
of this section shall serve as criteria for the
investigative and
supervisory powers and duties vested by
division (D) of this
section in the division of parole and
community services of the
department of rehabilitation and
correction or in another division
of the department to which
those powers and duties are assigned.
(B) The director may initiate an action in the court of
common pleas of the county in which a facility that is subject
to
the rules promulgated under division (A)(1) of this
section is
situated to enjoin compliance
with the minimum standards for jails
or with the minimum
standards and minimum renovation,
modification, and construction
criteria for minimum security
jails.
(C) Upon the request of an administrator of a jail
facility,
the chief executive of a municipal corporation, or a
board of
county commissioners, the director of rehabilitation and
correction or the director's designee shall grant a variance
from
the minimum standards for jails in Ohio for a facility that is
subject to one of those minimum standards when the
director
determines that strict compliance with the minimum standards
would
cause unusual, practical difficulties or financial
hardship, that
existing or alternative practices meet the intent
of the minimum
standards, and that granting a variance would not
seriously affect
the security of the facility, the supervision of
the inmates, or
the safe, healthful operation of the facility. If the
director or
the director's designee denies a variance, the applicant
may
appeal the denial pursuant to section 119.12 of the Revised
Code.
(D) The following powers and duties shall be exercised by
the
division of parole and community services unless assigned to
another division by the director:
(1) The investigation and supervision of county and
municipal
jails, workhouses, minimum security jails,
and other
correctional
institutions and agencies;
(2)
The review and approval of plans submitted to the
department of rehabilitation and correction pursuant to division
(E) of this section;
(3) The management and supervision of the adult parole
authority created by section 5149.02 of the Revised Code;
(4) The review and approval of proposals for
community-based
correctional
facilities and programs and district
community-based
correctional facilities
and programs that are
submitted pursuant
to division (B) of section 2301.51 of
the
Revised Code;
(5) The distribution of funds made available to the
division
for purposes of
assisting in the renovation, maintenance,
and
operation of community-based
correctional facilities and
programs
and district community-based correctional
facilities and
programs
in accordance with section 5120.112 of the Revised
Code;
(6) The performance of the duty imposed upon the
department
of rehabilitation
and correction in section 5149.31 of
the Revised
Code to establish and
administer a program of
subsidies to
eligible municipal corporations, counties,
and groups
of
contiguous counties for the development, implementation, and
operation of community-based corrections programs;
(7) Licensing halfway houses and community residential
centers for the care
and treatment of adult offenders in
accordance with section 2967.14 of the
Revised Code;
(8) Contracting with a public or private agency or a
department or political
subdivision of the state that operates a
licensed halfway house or community
residential center for the
provision of housing, supervision, and other
services to parolees,
releasees, persons placed under a residential sanction, persons
under transitional control,
and
other eligible
offenders in
accordance with section 2967.14 of
the Revised
Code.
Other powers and duties may be assigned by the director of
rehabilitation and correction to the division of parole and
community services. This section does not apply to the
department
of youth services or its institutions or employees.
(E) No plan for any new jail, workhouse, or lockup, and no
plan for a substantial addition or alteration to an existing jail,
workhouse, or lockup, shall be adopted unless the officials
responsible for adopting the plan have submitted the plan to the
department of rehabilitation and correction for approval, and the
department has approved the plan as provided in division (D)(2) of
this section.
(F) The division of parole and community services shall
review,
approve, and certify proposals
for community
alternative sentencing centers
and district community
alternative sentencing centers
that are submitted
pursuant to
section
307.932 of the Revised
Code.
Sec. 5120.111. With respect to community-based
correctional
facilities and programs and district community-based
correctional
facilities and programs authorized under section
2301.51 of the
Revised Code and to community
alternative sentencing centers and
district
community
alternative sentencing centers authorized
under section 307.932 of
the Revised Code, the department of
rehabilitation and
correction
shall do all of the following:
(A) Adopt rules, under Chapter 119. of the Revised Code,
that
serve as criteria for the operation of community-based
correctional
facilities and programs and district community-based
correctional facilities
and programs approved in accordance with
sections 2301.51 and 5120.10 of the
Revised Code;
(B) Adopt rules, under Chapter 119. of the Revised Code,
governing the procedures for the submission of proposals for the
establishment of community-based correctional facilities and
programs and district community-based correctional facilities and
programs to the
division of parole and community services under
division (B) of section
2301.51 of the Revised Code or for the
establishment and operation of community
alternative sentencing
centers and
district community
alternative sentencing centers
under section 307.932 of
the Revised Code and adopt rules under
Chapter 119. of the Revised
Code that establish certification
guidelines for community
alternative sentencing centers and
district community
alternative sentencing centers
under section
307.932 of the Revised Code;
(C) Prescribe forms that are to be used by facility governing
boards of community-based correctional facilities and programs
and
district community-based correctional facilities and programs
in
making application for state financial assistance under
section
2301.56 of the Revised Code;
(D) Adopt rules, under Chapter 119. of the Revised Code,
that
prescribe the standards of operation for the facilities
and
programs that must be satisfied for the community-based
correctional facilities and programs and district community-based
correctional facilities and
programs to
be eligible for state
financial assistance;
(E) Through the
division of parole and community services,
accept and review
proposals for the establishment of the
community-based correctional facilities and programs and district
community-based correctional facilities and programs
and approve
those proposals that satisfy the minimum requirements
contained in
section 2301.52 of the Revised Code; and administer
the program
for state financial assistance to the facilities and
programs in
accordance with section 5120.112 of the Revised Code;
(F) Accept, through the division of parole and community
services,
and review
proposals for the establishment and
operation of
community
alternative sentencing centers and
district community
alternative sentencing
centers
and approve
and certify those proposals that satisfy the
requirements
contained in section 307.932 of the Revised Code.
Sec. 5120.113. (A) For each inmate committed to the
department of rehabilitation and
correction, except as provided
in division (B) of this section,
the department shall prepare a
written reentry
plan for the
inmate to help guide the inmate's
rehabilitation program during
imprisonment, to assist in the
inmate's reentry into the
community, and to assess the inmate's
needs upon release.
(B) Division (A) of this section does not apply to an inmate
who has been sentenced to life imprisonment without parole or who
has been sentenced to death. Division (A) of this section does not
apply to any inmate who is expected to be imprisoned for thirty
days or less, but the department may prepare a written reentry
plan of the type described in that division if the department
determines that the plan is needed.
(C)
The department may collect, if available, any social and
other
information that will aid in the preparation of reentry
plans
under this section.
(D) In the event the department does not prepare a written
reentry plan as specified in division (A) of this section, or
makes a decision to not prepare a written reentry plan under
division
(B) of this section or to not collect information under
division
(C) of this section, that fact does not give rise to a
claim for damages
against the state, the department, the director
of the department,
or any employee of the department.
Sec. 5120.59. Before a prisoner is released from a state
correctional institution, the department of rehabilitation and
correction shall attempt to verify the prisoner's identification
and social security number. If the department is not able to
verify the prisoner's identification and social security number,
if the prisoner has no other documentary evidence required by
the
registrar of motor vehicles for the issuance of an
identification
card under section 4507.50 of the Revised Code, and if the
department determines that the prisoner is legally living in the
United States, the
department shall issue to the prisoner upon
the prisoner's release
an identification card that the prisoner
may present to the
registrar or a deputy registrar of motor
vehicles to obtain an
identification card under section 4507.50
of the Revised Code. The
director of rehabilitation and
correction may adopt rules for the
implementation of this
section.
Sec. 5120.60. (A) There is hereby created in the
division
of
parole and community services the office of victims' victim
services.
(B) The office shall
provide assistance to victims of crime,
victims' representatives
designated under section 2930.02 of the
Revised Code, and
members of the victim's family. The assistance
shall include, but not be
limited to, providing
information about
the policies and procedures of the department of
rehabilitation
and correction and the status of offenders under the
department's
jurisdiction.
(C) The office shall also make available
publications that
will assist victims in contacting staff of the department
about
problems with offenders under the supervision of the adult parole
authority or confined in state correctional institutions under the
department's jurisdiction.
(D) The office shall employ a victims victim
coordinator who
shall
administer the office's functions. The victims victim
coordinator shall
be in the unclassified civil service and report
directly to the
chief of the division.
(E) The office shall also employ at
least three persons in
the unclassified civil service whose primary duties
shall be to
help parole board hearing officers identify victims' issues and
to
make recommendations to the parole board in accordance with rules
adopted
by
the department. The member of the parole board
appointed pursuant to division
(B) of section 5149.10 of the
Revised Code
shall approve the hiring of the employees of the
office.
(F) The office shall coordinate its
activities with the
member of the parole board appointed pursuant to division
(B) of
section 5149.10 of the Revised Code. The
victims victim
coordinator and
other employees of the office shall have full
access
to records of
prisoners under the department's
jurisdiction.
(G)
Information provided to the office of victim services by
victims of crime or a victim representative designated under
section 2930.02 of the Revised Code for the purpose of program
participation, of receiving services, or to communicate acts of an
inmate or person under the supervision of the adult parole
authority that threaten the safety and security of the victim
shall be confidential and is not a public record under section
149.43 of the Revised Code.
(H)(1) If a person who was convicted of or pleaded guilty to
an offense of violence that is a felony escapes from a
correctional institution under the control of the department of
rehabilitation and correction or otherwise escapes from the
custody of the department, the office of victim services shall
notify each victim of the offense or offenses committed by that
person of that person's escape and, if applicable, of that
person's subsequent apprehension. The office shall give this
notice as soon as practicable after the escape and the office
identifies and locates the victim. The office shall give this
notice to each victim of the escaped person, regardless of whether
the victim is registered for notification with the office, unless
the victim has specifically notified the office that the victim
does not wish to be notified regarding the person.
The office may give the notice required by this division by
telephone, in person, or by e-mail or other electronic means. If
the office cannot locate a victim to whom notice is to be
provided under this division, the office shall send the notice in
writing to the last known address of that victim.
(2) If a person escapes as described in division (H)(1) of
this section, the office of victim services may request assistance
from the prosecuting attorney of the county in which the person
was convicted of or pleaded guilty to the offense in identifying
and locating the victim of the offense.
(I)
Any reference in any Revised Code section other than this
section to the "office of victims' services" of the division of
parole and community services or of the department of
rehabilitation and correction shall be construed as being a
reference to, and meaning, the office of victim services created
by division (A) of this section.
(J) As used in this section, "crime," "member of the victim's
family," and "victim" have the meanings given in section 2930.01
of the
Revised Code.
Sec. 5120.66. (A) Within ninety days after November 23,
2005, but not before January 1, 2006, the department of
rehabilitation and correction shall establish and operate on the
internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a
sentence imposed for a conviction of or plea of guilty to any
offense, all of the following information:
(b) For each offense for which the inmate was sentenced to a
prison term or term of imprisonment and is in the department's
custody, the name of the offense, the Revised Code section of
which the offense is a violation, the gender of each victim of the
offense if those facts are known, whether each victim of the
offense was an adult or child if those facts are known, the range
of the possible prison terms or term of imprisonment that could
have been imposed for the offense, the actual prison term or term
of imprisonment imposed for the offense, the county in which the
offense was committed, the date on which the inmate began serving
the prison term or term of imprisonment imposed for the offense,
and either the date on which the inmate will be eligible for
parole relative to the offense if the prison term or term of
imprisonment is an indefinite term or life term or the date on
which the term ends if the prison term is a definite term;
(c) All of the following information that is applicable
regarding the inmate:
(i) If known to the department prior to the conduct of any
hearing for judicial release of the defendant pursuant to section
2929.20 of the Revised Code in relation to any prison term or term
of imprisonment the inmate is serving for any offense or any
hearing for release of the defendant pursuant to section 2967.19
of the Revised Code in relation to any such term, notice of
the
fact that the inmate will be having a hearing regarding a
possible grant of judicial release or release, the date of the
hearing, and
the right of any person pursuant to division (J) of
that section
2929.20 or division (G) of section 2967.19 of the
Revised Code, whichever is applicable, to submit to the court a
written statement regarding the possible
judicial release; or
release. The department also shall post notice of the filing of
any petition for release of the inmate pursuant to section 2967.19
of the Revised Code, as required by division (D) of that section.
(ii) If the inmate is serving a prison term pursuant to
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code, prior to the
conduct of any hearing pursuant to section
2971.05 of the Revised
Code to determine whether to modify the
requirement that the
inmate serve the entire prison term in a
state correctional
facility in accordance with division (C) of
that section, whether
to continue, revise, or revoke any existing
modification of that
requirement, or whether to terminate the
prison term in accordance
with division (D) of that section,
notice of the fact that the
inmate will be having a hearing
regarding those determinations and
of the date of the hearing;
(iii) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the inmate or
at least three weeks prior to a hearing before the adult parole
authority regarding a grant of parole to the inmate in relation to
any prison term or term of imprisonment the inmate is serving for
any offense, notice of the fact that the inmate might be under
consideration for a pardon or commutation of sentence or will be
having a hearing regarding a possible grant of parole, of the date
of any hearing regarding a possible grant of parole, and of the
right of any person to submit a written statement regarding the
pending action;
(iv) At least three weeks before the inmate is transferred to
transitional control under
section 2967.26
of the Revised Code
in relation to any prison
term or term of
imprisonment the
inmate is serving for any
offense, notice of the
pendency of the
transfer, of the date of
the possible transfer,
and of the right
of any person to submit a
statement regarding the
possible
transfer;
(v) Prompt notice of the inmate's escape from any facility in
which the inmate was incarcerated and of the capture of the inmate
after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement,
notice of the fact that the inmate will be released, of the date
of the release, and, if applicable, of the standard terms and
conditions of the release;
(viii) Notice of the inmate's judicial release pursuant to
section 2929.20 of the Revised Code or release pursuant to section
2967.19 of the Revised Code.
(2) Information as to where a person can send written
statements of the types referred to in divisions (A)(1)(c)(i),
(iii), and (iv) of this section.
(B)(1) The department shall update the database required
under division (A) of this section every twenty-four hours to
ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section
is a public record open for inspection under section 149.43 of the
Revised Code. The department shall make the database searchable by
inmate name and by the county and zip code where the offender
intends to reside after release from a state correctional
institution if this information is known to the department.
(3) The database required under division (A) of this section
may contain information regarding inmates who are listed in the
database in addition to the information described in that
division.
(4) No information included on the database required under
division (A) of this section shall identify or enable the
identification of any victim of any offense committed by an
inmate.
(C) The failure of the department to comply with the
requirements of division (A) or (B) of this section does not give
any rights or any grounds for appeal or post-conviction relief to
any inmate.
(D) This section, and the related provisions of sections
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted
in the act in which this section was enacted, shall be known as
"Laura's Law."
Sec. 5149.01. As used in Chapter 5149. of the Revised Code:
(A) "Authority" means the adult parole authority created by
section 5149.02
of the Revised Code.
(B) "State correctional institution," "pardon,"
"commutation," "reprieve,"
"parole," "head of a state correctional
institution," "convict," "prisoner,"
"parolee," "final release,"
and "parole violator" have the same meanings as in
section 2967.01
of the Revised Code.
(C) "Full board hearing" means a parole board hearing
conducted
by a minimum majority of seven parole board members as
described in
section 5149.101 of the Revised Code.
Sec. 5149.10. (A)(1) The parole board shall consist of
up
to
twelve
members, one of
whom shall be designated as chairperson
by
the
director of the department of rehabilitation and correction
and
who shall continue as chairperson until a successor is
designated,
and any other personnel that are necessary for the
orderly
performance of the duties of the board. In addition to
the
rules
authorized by section 5149.02 of the Revised Code, the
chief
of
the adult parole authority, subject to the approval of
the
chief
of the division of parole and community services and
subject
to
this
section, shall adopt
rules governing the
proceedings of
the
parole board. The rules
shall provide for the
convening of
full
board hearings,
the procedures to be followed in
full board
hearings, and general procedures to be followed in
other hearings
of the board and by the board's hearing officers.
The rules also
shall
require agreement by a majority of all the
board members to
any
recommendation of clemency transmitted to the
governor.
(2) When the board members sit as a full board, the
chairperson
shall preside. The
chairperson shall also allocate the
work of
the
parole
board among the board members. The full board
shall
meet at
least once
each month. In the case of a tie vote on
the
full
board, the chief of the
adult parole authority shall
cast the
deciding vote. The chairperson may
designate a person to
serve in
the chairperson's place.
(3)(a) Except for the chairperson, except for the member
appointed under division (B) of
this section, and except as
otherwise provided in division
(A)(3)(b) of this section, a
member appointed to the parole board
shall be appointed to a
six-year term. A member shall hold office
from the date of
appointment until the end of the term for which
the member was
appointed. A member is eligible for reappointment
for another
six-year term that may or may not be consecutive to
the first
six-year term. A member is not eligible for
reappointment after
serving two six-year terms whether or not
served consecutively.
Vacancies shall be filled in the same manner
provided for
original appointments. Any member appointed under
this division
to fill a vacancy occurring prior to the expiration
date of the
term for which the member's predecessor was appointed
shall begin
that member's first six-year term upon appointment, regardless of
the time remaining in the term of the member's predecessor. A
member appointed under this division shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first.
(b) A member of the parole board on the
effective date of
this amendment who has served on the board less than six years
shall have the time so served applied toward a six-year term and
at the end of that six-year term shall be eligible for
reappointment to an additional six-year term. A member of the
parole board on the effective date of this amendment who has
served on the board at least six years but less than twelve years
shall have six of the years so served applied toward the first
six-year term and the remaining time so served applied toward a
second six-year term, shall serve the remainder of that second
six-year term, and at the end of that second six-year term shall
not be eligible for reappointment. A member of the parole board on
the effective date of this amendment who has served on the board
twelve years or longer shall serve until a successor member is
appointed or a period of six months after the effective date of
this amendment has elapsed, whichever occurs first, and after the
end of that service shall be eligible for reappointment to an
additional six-year term.
(4) Except as otherwise provided in division (B) of this
section,
no person shall be appointed a member of the board who is
not
qualified by education or experience in correctional work,
including law enforcement, prosecution of offenses, advocating for
the
rights of victims of crime, probation, or parole, in law, in
social work, or in a combination of the three categories.
(B) The director of rehabilitation and correction, in
consultation with the governor, shall appoint one member of the
board, who
shall
be a person who has been a victim of crime or who
is a member of a victim's
family or who represents an organization
that advocates for the rights of
victims of crime. After
appointment, this member shall be an unclassified
employee of the
department of rehabilitation and correction.
The initial appointment shall be for a term ending four years
after July 1, 1996.
Thereafter, the term
of office of the
member
appointed
under this
division shall be for
four years, with each
term ending on the
same
day of the same
month as did the term
that it succeeds. The
member
shall hold
office from the date of
appointment until the
end of the term for
which the member was
appointed and
may be
reappointed. Vacancies
shall be filled in
the manner provided for
original appointments.
Any member
appointed under this division to
fill a
vacancy
occurring prior
to the expiration date of the term
for which the
member's
predecessor was appointed shall hold office
as a member
for the
remainder of
that term. The member appointed
under this
division
shall continue in office
subsequent to the
expiration
date of the
member's term until the member's
successor
takes
office or until
a period of sixty days has elapsed,
whichever
occurs first.
The member appointed under this division shall be compensated
in the same
manner as other board members and shall be reimbursed
for actual and necessary
expenses incurred in the performance of
the members' duties. The member may
vote on all cases heard by
the
full board under section 5149.101 of the Revised Code, has
such
duties as are
assigned by the chairperson of the board, and
shall
coordinate the member's
activities with the office of
victims'
services created under section 5120.60
of the Revised
Code.
As used in this division,
"crime,"
"member of the victim's
family," and
"victim" have the meanings given in section 2930.01
of the Revised Code.
(C) The chairperson shall submit all recommendations for or
against clemency directly to the governor.
(D) The chairperson shall transmit to the chief of the adult
parole
authority all determinations for or against parole made by
the board. Parole
determinations are final and
are not subject to
review or change by the chief.
(E) In addition to its duties pertaining to parole and
clemency,
if an offender is sentenced to a prison term pursuant to
division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised
Code, the parole
board shall have
control over the
offender's
service of
the prison
term during the entire term
unless the board
terminates
its
control in accordance with section
2971.04
of the
Revised
Code.
The parole board may
terminate its
control over the
offender's
service of the prison term
only in
accordance with
section 2971.04
of the Revised Code.
Sec. 5149.33. No municipal corporation, county, or group of
counties receiving a subsidy under division (A) of section 5149.31
of the
Revised Code shall reduce, by the amount of the subsidy it
receives or by a
greater or lesser amount, the amount of local,
nonfederal funds it expends for
corrections, including, but not
limited to, the amount of local, nonfederal
funds it expends for
the operation of the county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse,
for
any county or municipal probation department, or for any
community
corrections program. Each subsidy shall be used to make
corrections expenditures in excess of those being made from local,
nonfederal
funds. No subsidy or portion of a subsidy shall be used
to make capital
improvements. If a recipient violates this
section, the department of
rehabilitation and correction shall may
discontinue subsidy payments to the
recipient.
Sec. 5149.34. (A)(1) If a county desires to receive a
subsidy from a subsidy program established under division (A)
of
section 5149.31 of the Revised Code for
community corrections
programs as described in division
(B)
of that section,
the board
of county
commissioners of the county
shall
establish, by a
resolution as described in this division, and
maintain a local
corrections planning board that, except as
provided in division
(A)(2) of this section, shall
include an
administrator of a
county, multicounty, municipal,
municipal-county, or
multicounty-municipal jail or workhouse
located in the county,; a
county commissioner of that county,; a
judge of the court of
common pleas of that county,; a judge of a municipal
court or
county court of that county,; an attorney
whose practice of law
primarily involves the representation of
criminal defendants,; the
chief law enforcement officer of the
largest municipal corporation
located in the county,; the county
sheriff,; one or more
prosecutors, as defined in section 2935.01
of the Revised Code,;
the executive director of the board of alcohol, drug addiction,
and mental health services serving that county or the executive
director's designee, or the executive directors of both the
community mental health board and the alcohol and drug addiction
services board serving that county or their designees, whichever
is applicable; the executive director of the county board of
mental retardation and developmental disabilities of that county
or the executive director's designee; an administrator of a
halfway house serving that county, if any, or the administrator's
designee; an administrator of a community-based correctional
facility, if any, serving the court of common pleas of that county
or the administrator's designee; an administrator of a community
corrections act-funded program in that county, if any, or the
administrator's designee; one or more representatives
of the
public,
one
of whom shall be a victim of crime,; one or
more
additional representatives
of the law enforcement
community,;
one
or more additional representatives of the
judiciary,; one or
more
additional representatives of the field of
corrections,; and
officials from the largest municipal corporation
located in the
county. A majority of the members of the board
shall be employed
in the adult criminal justice field. At least two
members of the
board shall be members of
the largest racial minority population,
if any, in the county,
and at least two other members of the board
shall be women. The
resolution shall state the number and nature
of the members, the
duration of their terms, the manner of filling
vacancies on the
board, and the compensation, if any, that members
are to receive. The
board of county commissioners also may
specify, as part of the resolution, any
other duties the local
corrections planning board is to assume.
(2) If, for good cause shown, including, but not limited
to,
the refusal of a specified individual to serve on a local
corrections planning board, a particular county is not able to
satisfy the requirements specified in division (A)(1) of this
section for the composition of such a board, the director of
rehabilitation and correction may waive the requirements to the
extent necessary and approve a composition for the board that
otherwise is consistent with the requirements.
(B) Each local corrections planning board established
pursuant to division (A) of this section shall adopt
within
eighteen months after its establishment, and from time to
time
shall revise, a comprehensive plan for the development,
implementation, and operation of corrections services in the
county. The plan shall be adopted and revised after
consideration
has been given to the impact that it will have or
has had on the
populations of state correctional
institutions and county,
multicounty, municipal,
municipal-county, or multicounty-municipal
jails or workhouses in
the county, and shall be designed to unify
or coordinate
corrections services in the county and to reduce the
number of
persons committed, consistent with the standards adopted
under
division (B) of section 5149.31 of the Revised Code, from
that
county to state correctional institutions and to county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jails or workhouses. The plan and any
revisions to the plan shall
be submitted to the board of county
commissioners of the county in
which the local corrections
planning board is located for
approval.
If a county has a community-based correctional facility and
program established in accordance with sections 2301.51 to
2301.58
of the Revised Code, the budgets of the facility and
program shall
not be subject to approval by the local corrections
planning
board, but instead shall continue to be determined in
accordance
with those sections. However, the local corrections
planning board
shall include the facility and program as part of
the
comprehensive plan adopted and revised pursuant to this
division.
(C) As used in this section, "halfway house" and
"community-based correctional facility" have the same meanings as
in section 2929.01 of the Revised Code.
Section 2. That existing sections 109.42, 307.93, 309.18,
926.99, 1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05,
2909.11, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43,
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61,
2915.05, 2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34,
2921.41, 2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01,
2929.13, 2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17,
2950.99, 2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07,
4507.51,
5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66,
5149.01, 5149.10, 5149.33,
and 5149.34 of the Revised Code are
hereby repealed.
Section 3. The amendment of section 5120.07 of the Revised
Code by Sections 1 and 2 of this act is not intended to
supersede
the earlier repeal of that section, with the delayed
effective
date of December 31, 2011.
Section 4. The amendments to sections 2925.01,
2925.03,
2925.05, and 2925.11 of the Revised Code, and to
division (W) of
section 2929.01 of the Revised Code, that are
made in this act
apply to a person who commits an offense
involving marihuana,
cocaine, or hashish on or after the effective date of this act and
to a person to whom division (B) of section 1.58 of the Revised
Code makes the amendments applicable.
The provisions of sections 2925.01, 2925.03, 2925.05, and
2925.11 of the Revised Code, and of division (W) of section
2929.01 of the Revised Code, in existence prior to the effective
date of this act shall apply to a person upon whom a court imposed
sentence prior to the effective date of this act for an offense
involving marihuana, cocaine, or hashish. The amendments to
sections 2925.01, 2925.03,
2925.05, and 2925.11 of the Revised
Code, and to division (W) of
section 2929.01 of the Revised Code,
that are made in this act do
not apply to a person upon whom a
court
imposed sentence prior to
the effective date of this act
for an
offense involving marihuana, cocaine, or hashish.
Section 5. The amendments to sections 926.99, 1333.99,
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,
2913.401,
2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,
2913.48,
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,
2917.32,
2921.13, 2921.41, 2923.31, and 2981.07 of the Revised
Code that
are made in this act apply to a
person who commits an
offense
specified or penalized under those
sections on or after
the
effective date of this section and to a
person to whom
division
(B)
of section 1.58 of the Revised Code
makes the
amendment
applicable.
The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,
2913.421,
2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,
2913.51,
2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,
2921.41,
2923.31, and 2981.07 of the Revised Code in existence
prior to
the effective date of this section shall apply to a
person
upon whom
a court imposed sentence prior to the effective
date of
this section
for an offense specified or penalized under
those
sections. The
amendments to sections 926.99, 1333.99,
1707.99,
1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03,
2913.04,
2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.40,
2913.401,
2913.42, 2913.421,
2913.43, 2913.45, 2913.46, 2913.47,
2913.48,
2913.49, 2913.51,
2913.61, 2915.05, 2917.21, 2917.31,
2917.32,
2921.13, 2921.41,
2923.31, and 2981.07 of the Revised
Code that
are made in this
section do not apply to a person
who
upon whom a
court imposed
sentence prior to the effective
date
of this section
for an offense
specified or penalized
under
those
sections.
Section 6. Section 1716.99 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.
Section 2913.46 of the Revised Code is presented in this act as a
composite of the section as amended by Am. Sub. S.B. 107, Am. Sub.
S.B. 269, and Am. Sub. S.B. 293, all of the 121st General
Assembly. Section 2917.21 of the Revised Code is presented in this
act as a composite of the section as amended by both Am. Sub. H.B.
565 and Sub. S.B. 215 of the 122nd General Assembly. Sections
2929.01, 2929.13, and 2929.14 of the Revised Code are presented in
this act as composites of the sections as amended by both Am. Sub.
H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.
Section 2929.20 of the Revised Code is presented in this act as a
composite of the section as amended by both Am. Sub. H.B. 130 and
Sub. S.B. 108 of the 127th General Assembly. Section 2967.193 of
the Revised Code is presented in this act as a composite of the
section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B. 180
of the 121st General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the
resulting versions of the sections in effect prior to the
effective date of the sections as presented in this act.