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To amend sections 109.42, 307.93, 309.18, 926.99, | 1 |
1333.99, 1707.99, 1716.99, 2743.191, 2909.03, | 2 |
2909.05, 2909.11, 2913.02, 2913.03, 2913.04, | 3 |
2913.11, 2913.21, 2913.31, 2913.32, 2913.34, | 4 |
2913.40, 2913.401, 2913.42, 2913.421, 2913.43, | 5 |
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, | 6 |
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, | 7 |
2917.32, 2919.21, 2921.13, 2921.34, 2921.41, | 8 |
2923.31, 2925.01, 2925.03, 2925.05, 2925.11, | 9 |
2929.01, 2929.13, 2929.14, 2929.20, 2929.26, | 10 |
2929.34, 2930.16, 2930.17, 2950.99, 2951.041, | 11 |
2967.05, 2967.14, 2967.193, 2967.28, 2981.07, | 12 |
4507.51, 5120.07, 5120.10, 5120.111, 5120.59, | 13 |
5120.60, 5120.66, 5149.01, 5149.10, 5149.33, and | 14 |
5149.34 and to enact sections 307.932, 2967.19, | 15 |
5120.035, and 5120.113 of the Revised Code to | 16 |
increase from $500 to $1,000 the threshold | 17 |
amount for determining increased penalties for | 18 |
theft-related offenses and for certain elements | 19 |
of "vandalism" and "engaging in a pattern of | 20 |
corrupt activity"; to increase by 50% the other | 21 |
threshold amounts for determining increased | 22 |
penalties for those offenses; to provide that if | 23 |
"nonsupport of dependents" is based on an | 24 |
abandonment of or failure to support a child or | 25 |
a person to whom a court order requires support | 26 |
and is a felony the sentencing court generally | 27 |
must first consider placing the offender on one | 28 |
or more community control sanctions; to | 29 |
eliminate the difference in criminal penalties | 30 |
for crack cocaine and powder cocaine; to revise | 31 |
some of the penalties for trafficking in | 32 |
marihuana or hashish and for possession of | 33 |
marihuana, cocaine, or hashish; to revise | 34 |
procedures for notification of victims when | 35 |
violent offenders escape from the Department of | 36 |
Rehabilitation and Correction; to remove the | 37 |
authority of the victim-related member of the | 38 |
Parole Board to approve the hiring of employees | 39 |
of the Office of Victims' Services; to modify the | 40 |
number of Parole Board members required to | 41 |
conduct a full Board hearing; to limit a member | 42 |
of the Parole Board who is not the Chairperson or | 43 |
a victim representative to two six-year terms; | 44 |
to revise the eligibility criteria for, and | 45 |
procedures governing, intervention in lieu of | 46 |
conviction; to revise the eligibility criteria | 47 |
for judicial release; to remove from the offense | 48 |
of "escape" certain conduct by a person under | 49 |
supervised release by the Department and specify | 50 |
the method of sanctioning a person under | 51 |
Department supervision who engages in that type | 52 |
of conduct; to revise the procedure for prisoners | 53 |
in state correctional institutions to earn days | 54 |
of credit for productive participation in | 55 |
specified prison programs; to require GPS | 56 |
monitoring of a prisoner placed on post-release | 57 |
control who was released early from prison due | 58 |
to earning 60 or more days of credit; to enact a | 59 |
new mechanism for the possible release with | 60 |
sentencing court approval of Department inmates | 61 |
who have served at least 85% of their prison | 62 |
term; to expand the membership of a county's | 63 |
local corrections planning board; to make changes | 64 |
regarding halfway houses and community | 65 |
residential centers and authorize reentry | 66 |
centers; to provide for the placement in a skilled | 67 |
nursing facility of an inmate who is in imminent | 68 |
danger of death, medically incapacitated, or | 69 |
terminally ill for care; to provide for the | 70 |
establishment and operation of community | 71 |
alternative sentencing centers for misdemeanants | 72 |
sentenced directly to the centers under a | 73 |
community residential sanction or an OVI term of | 74 |
confinement not exceeding 30 days; to change the | 75 |
membership of the Ex-offender Reentry Coalition by | 76 |
reducing the number and functions of members from | 77 |
the Governor's office and adding the Director of | 78 |
Veterans Services; to remove judges from the | 79 |
membership of a corrections commission and instead | 80 |
have them form an advisory board; to require the | 81 |
Department to develop a reentry plan for each | 82 |
inmate committed to the Department who was not | 83 |
sentenced to a term of life without parole or a | 84 |
sentence of death and who is expected to be | 85 |
imprisoned for more than 30 days; to revise the | 86 |
procedures governing the Department's issuance of | 87 |
an inmate identification card upon an inmate's | 88 |
release and the use of such a card to obtain a | 89 |
state identification card; to authorize, instead | 90 |
of require, the Department to discontinue subsidy | 91 |
payment to a political subdivision that reduces | 92 |
local funding for corrections by the amount of a | 93 |
community-based corrections subsidy or that uses | 94 |
a subsidy for capital improvements; and to | 95 |
require the Department, together with the | 96 |
Department of Alcohol and Drug Addiction | 97 |
Services, to develop an implementation plan | 98 |
related to funding through the federal Second | 99 |
Chance Act related to community reentry of | 100 |
offenders. | 101 |
Section 1. That sections 109.42, 307.93, 309.18, 926.99, | 102 |
1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05, 2909.11, | 103 |
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32, | 104 |
2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45, | 105 |
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05, | 106 |
2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34, 2921.41, | 107 |
2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01, 2929.13, | 108 |
2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17, 2950.99, | 109 |
2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07, 4507.51, | 110 |
5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66, 5149.01, | 111 |
5149.10, 5149.33, and 5149.34 be amended and sections 307.932, | 112 |
2967.19, 5120.035, and 5120.113 of the Revised Code be enacted to | 113 |
read as follows: | 114 |
Sec. 109.42. (A) The attorney general shall prepare and have | 115 |
printed a pamphlet that contains a compilation of all statutes | 116 |
relative to victim's rights in which the attorney general lists | 117 |
and explains the statutes in the form of a victim's bill of | 118 |
rights. The attorney general shall distribute the pamphlet to | 119 |
all sheriffs, marshals, municipal corporation and township police | 120 |
departments, constables, and other law enforcement agencies, to | 121 |
all prosecuting attorneys, city directors of law, village | 122 |
solicitors, and other similar chief legal officers of municipal | 123 |
corporations, and to organizations that represent or provide | 124 |
services for victims of crime. The victim's bill of rights set | 125 |
forth in the pamphlet shall contain a description of all of the | 126 |
rights of victims that are provided for in Chapter 2930. or in any | 127 |
other section of the Revised Code and shall include, but not be | 128 |
limited to, all of the following: | 129 |
(1) The right of a victim or a victim's representative to | 130 |
attend a proceeding before a grand jury, in a juvenile case, or in | 131 |
a criminal case pursuant to a subpoena without being discharged | 132 |
from the victim's or representative's employment, having the | 133 |
victim's or representative's employment terminated, having the | 134 |
victim's or representative's pay decreased or withheld, or | 135 |
otherwise being punished, penalized, or threatened as a result of | 136 |
time lost from regular employment because of the victim's or | 137 |
representative's attendance at the proceeding pursuant to the | 138 |
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or | 139 |
2945.451 of the Revised Code; | 140 |
(2) The potential availability pursuant to section 2151.359 | 141 |
or 2152.61 of the Revised Code of a forfeited recognizance to pay | 142 |
damages caused by a child when the delinquency of the child or | 143 |
child's violation of probation or community control is found to be | 144 |
proximately caused by the failure of the child's parent or | 145 |
guardian to subject the child to reasonable parental authority or | 146 |
to faithfully discharge the conditions of probation or community | 147 |
control; | 148 |
(3) The availability of awards of reparations pursuant to | 149 |
sections 2743.51 to 2743.72 of the Revised Code for injuries | 150 |
caused by criminal offenses; | 151 |
(4) The right of the victim in certain criminal or juvenile | 152 |
cases or a victim's representative to receive, pursuant to section | 153 |
2930.06 of the Revised Code, notice of the date, time, and place | 154 |
of the trial or delinquency proceeding in the case or, if there | 155 |
will not be a trial or delinquency proceeding, information from | 156 |
the prosecutor, as defined in section 2930.01 of the Revised Code, | 157 |
regarding the disposition of the case; | 158 |
(5) The right of the victim in certain criminal or juvenile | 159 |
cases or a victim's representative to receive, pursuant to section | 160 |
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the | 161 |
name of the person charged with the violation, the case or docket | 162 |
number assigned to the charge, and a telephone number or numbers | 163 |
that can be called to obtain information about the disposition of | 164 |
the case; | 165 |
(6) The right of the victim in certain criminal or juvenile | 166 |
cases or of the victim's representative pursuant to section | 167 |
2930.13 or 2930.14 of the Revised Code, subject to any reasonable | 168 |
terms set by the court as authorized under section 2930.14 of the | 169 |
Revised Code, to make a statement about the victimization and, if | 170 |
applicable, a statement relative to the sentencing or disposition | 171 |
of the offender; | 172 |
(7) The opportunity to obtain a court order, pursuant to | 173 |
section 2945.04 of the Revised Code, to prevent or stop the | 174 |
commission of the offense of intimidation of a crime victim or | 175 |
witness or an offense against the person or property of the | 176 |
complainant, or of the complainant's ward or child; | 177 |
(8) The right of the victim in certain criminal or juvenile | 178 |
cases or a victim's representative pursuant to sections 2151.38, | 179 |
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to | 180 |
receive notice of a pending motion for judicial release, release | 181 |
pursuant to section 2967.19 of the Revised Code, or other early | 182 |
release of the person who committed the offense against the | 183 |
victim, to make an oral or written statement at the court hearing | 184 |
on the motion, and to be notified of the court's decision on the | 185 |
motion; | 186 |
(9) The right of the victim in certain criminal or juvenile | 187 |
cases or a victim's representative pursuant to section 2930.16, | 188 |
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice | 189 |
of any pending commutation, pardon, parole, transitional control, | 190 |
discharge, other form of authorized release, post-release control, | 191 |
or supervised release for the person who committed the offense | 192 |
against the victim or any application for release of that person | 193 |
and to send a written statement relative to the victimization and | 194 |
the pending action to the adult parole authority or the release | 195 |
authority of the department of youth services; | 196 |
(10) The right of the victim to bring a civil action pursuant | 197 |
to sections 2969.01 to 2969.06 of the Revised Code to obtain money | 198 |
from the offender's profit fund; | 199 |
(11) The right, pursuant to section 3109.09 of the Revised | 200 |
Code, to maintain a civil action to recover compensatory damages | 201 |
not exceeding ten thousand dollars and costs from the parent of a | 202 |
minor who willfully damages property through the commission of an | 203 |
act that would be a theft offense, as defined in section 2913.01 | 204 |
of the Revised Code, if committed by an adult; | 205 |
(12) The right, pursuant to section 3109.10 of the Revised | 206 |
Code, to maintain a civil action to recover compensatory damages | 207 |
not exceeding ten thousand dollars and costs from the parent of a | 208 |
minor who willfully and maliciously assaults a person; | 209 |
(13) The possibility of receiving restitution from an | 210 |
offender or a delinquent child pursuant to section 2152.20, | 211 |
2929.18, or 2929.28 of the Revised Code; | 212 |
(14) The right of the victim in certain criminal or juvenile | 213 |
cases or a victim's representative, pursuant to section 2930.16 of | 214 |
the Revised Code, to receive notice of the escape from confinement | 215 |
or custody of the person who committed the offense, to receive | 216 |
that notice from the custodial agency of the person at the | 217 |
victim's last address or telephone number provided to the | 218 |
custodial agency, and to receive notice that, if either the | 219 |
victim's address or telephone number changes, it is in the | 220 |
victim's interest to provide the new address or telephone number | 221 |
to the custodial agency; | 222 |
(15) The right of a victim of domestic violence to seek the | 223 |
issuance of a civil protection order pursuant to section 3113.31 | 224 |
of the Revised Code, the right of a victim of a violation of | 225 |
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 | 226 |
of the Revised Code, a violation of a substantially similar | 227 |
municipal ordinance, or an offense of violence who is a family or | 228 |
household member of the offender at the time of the offense to | 229 |
seek the issuance of a temporary protection order pursuant to | 230 |
section 2919.26 of the Revised Code, and the right of both types | 231 |
of victims to be accompanied by a victim advocate during court | 232 |
proceedings; | 233 |
(16) The right of a victim of a sexually oriented offense or | 234 |
of a child-victim oriented offense that is committed by a person | 235 |
who is convicted of, pleads guilty to, or is adjudicated a | 236 |
delinquent child for committing the offense and who is in a | 237 |
category specified in division (B) of section 2950.10 of the | 238 |
Revised Code to receive, pursuant to that section, notice that | 239 |
the person has registered with a sheriff under section 2950.04, | 240 |
2950.041, or 2950.05 of the Revised Code and notice of the | 241 |
person's name, the person's residence that is registered, and the | 242 |
offender's school, institution of higher education, or place of | 243 |
employment address or addresses that are registered, the person's | 244 |
photograph, and a summary of the manner in which the victim must | 245 |
make a request to receive the notice. As used in this division, | 246 |
"sexually oriented offense" and "child-victim oriented offense" | 247 |
have the same meanings as in section 2950.01 of the Revised Code. | 248 |
(17) The right of a victim of certain sexually violent | 249 |
offenses committed by an offender who also is convicted of or | 250 |
pleads guilty to a sexually violent predator specification and who | 251 |
is sentenced to a prison term pursuant to division (A)(3) of | 252 |
section 2971.03 of the Revised Code, of a victim of a violation of | 253 |
division (A)(1)(b) of section 2907.02 of the Revised Code | 254 |
committed on or after January 2, 2007, by an offender who is | 255 |
sentenced for the violation pursuant to division (B)(1)(a), (b), | 256 |
or (c) of section 2971.03 of the Revised Code, of a victim of an | 257 |
attempted rape committed on or after January 2, 2007, by an | 258 |
offender who also is convicted of or pleads guilty to a | 259 |
specification of the type described in section 2941.1418, | 260 |
2941.1419, or 2941.1420 of the Revised Code and is sentenced for | 261 |
the violation pursuant to division (B)(2)(a), (b), or (c) of | 262 |
section 2971.03 of the Revised Code, and of a victim of an offense | 263 |
that is described in division (B)(3)(a), (b), (c), or (d) of | 264 |
section 2971.03 of the Revised Code and is committed by an | 265 |
offender who is sentenced pursuant to one of those divisions to | 266 |
receive, pursuant to section 2930.16 of the Revised Code, notice | 267 |
of a hearing to determine whether to modify the requirement that | 268 |
the offender serve the entire prison term in a state correctional | 269 |
facility, whether to continue, revise, or revoke any existing | 270 |
modification of that requirement, or whether to terminate the | 271 |
prison term. As used in this division, "sexually violent offense" | 272 |
and "sexually violent predator specification" have the same | 273 |
meanings as in section 2971.01 of the Revised Code. | 274 |
(B)(1)(a) Subject to division (B)(1)(c) of this section, a | 275 |
prosecuting attorney, assistant prosecuting attorney, city | 276 |
director of law, assistant city director of law, village | 277 |
solicitor, assistant village solicitor, or similar chief legal | 278 |
officer of a municipal corporation or an assistant of any of those | 279 |
officers who prosecutes an offense committed in this state, upon | 280 |
first contact with the victim of the offense, the victim's family, | 281 |
or the victim's dependents, shall give the victim, the victim's | 282 |
family, or the victim's dependents a copy of the pamphlet prepared | 283 |
pursuant to division (A) of this section and explain, upon | 284 |
request, the information in the pamphlet to the victim, the | 285 |
victim's family, or the victim's dependents. | 286 |
(b) Subject to division (B)(1)(c) of this section, a law | 287 |
enforcement agency that investigates an offense or delinquent act | 288 |
committed in this state shall give the victim of the offense or | 289 |
delinquent act, the victim's family, or the victim's dependents a | 290 |
copy of the pamphlet prepared pursuant to division (A) of this | 291 |
section at one of the following times: | 292 |
(i) Upon first contact with the victim, the victim's family, | 293 |
or the victim's dependents; | 294 |
(ii) If the offense or delinquent act is an offense of | 295 |
violence, if the circumstances of the offense or delinquent act | 296 |
and the condition of the victim, the victim's family, or the | 297 |
victim's dependents indicate that the victim, the victim's family, | 298 |
or the victim's dependents will not be able to understand the | 299 |
significance of the pamphlet upon first contact with the agency, | 300 |
and if the agency anticipates that it will have an additional | 301 |
contact with the victim, the victim's family, or the victim's | 302 |
dependents, upon the agency's second contact with the victim, the | 303 |
victim's family, or the victim's dependents. | 304 |
If the agency does not give the victim, the victim's family, | 305 |
or the victim's dependents a copy of the pamphlet upon first | 306 |
contact with them and does not have a second contact with the | 307 |
victim, the victim's family, or the victim's dependents, the | 308 |
agency shall mail a copy of the pamphlet to the victim, the | 309 |
victim's family, or the victim's dependents at their last known | 310 |
address. | 311 |
(c) In complying on and after December 9, 1994, with the | 312 |
duties imposed by division (B)(1)(a) or (b) of this section, an | 313 |
official or a law enforcement agency shall use copies of the | 314 |
pamphlet that are in the official's or agency's possession on | 315 |
December 9, 1994, until the official or agency has distributed all | 316 |
of those copies. After the official or agency has distributed all | 317 |
of those copies, the official or agency shall use only copies of | 318 |
the pamphlet that contain at least the information described in | 319 |
divisions (A)(1) to (17) of this section. | 320 |
(2) The failure of a law enforcement agency or of a | 321 |
prosecuting attorney, assistant prosecuting attorney, city | 322 |
director of law, assistant city director of law, village | 323 |
solicitor, assistant village solicitor, or similar chief legal | 324 |
officer of a municipal corporation or an assistant to any of those | 325 |
officers to give, as required by division (B)(1) of this section, | 326 |
the victim of an offense or delinquent act, the victim's family, | 327 |
or the victim's dependents a copy of the pamphlet prepared | 328 |
pursuant to division (A) of this section does not give the victim, | 329 |
the victim's family, the victim's dependents, or a victim's | 330 |
representative any rights under section 2743.51 to 2743.72, | 331 |
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the | 332 |
Revised Code or under any other provision of the Revised Code and | 333 |
does not affect any right under those sections. | 334 |
(3) A law enforcement agency, a prosecuting attorney or | 335 |
assistant prosecuting attorney, or a city director of law, | 336 |
assistant city director of law, village solicitor, assistant | 337 |
village solicitor, or similar chief legal officer of a municipal | 338 |
corporation that distributes a copy of the pamphlet prepared | 339 |
pursuant to division (A) of this section shall not be required to | 340 |
distribute a copy of an information card or other printed material | 341 |
provided by the clerk of the court of claims pursuant to section | 342 |
2743.71 of the Revised Code. | 343 |
(C) The cost of printing and distributing the pamphlet | 344 |
prepared pursuant to division (A) of this section shall be paid | 345 |
out of the reparations fund, created pursuant to section 2743.191 | 346 |
of the Revised Code, in accordance with division (D) of that | 347 |
section. | 348 |
(D) As used in this section: | 349 |
(1) "Victim's representative" has the same meaning as in | 350 |
section 2930.01 of the Revised Code; | 351 |
(2) "Victim advocate" has the same meaning as in section | 352 |
2919.26 of the Revised Code. | 353 |
Sec. 307.93. (A) The boards of county commissioners of two | 354 |
or more adjacent counties may contract for the joint establishment | 355 |
of a multicounty correctional center, and the board of county | 356 |
commissioners of a county or the boards of two or more counties | 357 |
may contract with any municipal corporation or municipal | 358 |
corporations located in that county or those counties for the | 359 |
joint establishment of a municipal-county or multicounty-municipal | 360 |
correctional center. The center shall augment county and, where | 361 |
applicable, municipal jail programs and facilities by providing | 362 |
custody and rehabilitative programs for those persons under the | 363 |
charge of the sheriff of any of the contracting counties or of the | 364 |
officer or officers of the contracting municipal corporation or | 365 |
municipal corporations having charge of persons incarcerated in | 366 |
the municipal jail, workhouse, or other correctional facility who, | 367 |
in the opinion of the sentencing court, need programs of custody | 368 |
and rehabilitation not available at the county or municipal jail | 369 |
and by providing custody and rehabilitative programs in accordance | 370 |
with division (C) of this section, if applicable. The contract may | 371 |
include, but need not be limited to, provisions regarding the | 372 |
acquisition, construction, maintenance, repair, termination of | 373 |
operations, and administration of the center. The contract shall | 374 |
prescribe the manner of funding of, and debt assumption for, the | 375 |
center and the standards and procedures to be followed in the | 376 |
operation of the center. Except as provided in division (H) of | 377 |
this section, the contracting counties and municipal corporations | 378 |
shall form a corrections commission to oversee the administration | 379 |
of the center. Members of the commission shall consist of the | 380 |
sheriff of each participating county, | 381 |
the board of county commissioners of each participating county, | 382 |
383 | |
384 | |
385 | |
chief of police of each participating municipal corporation, and | 386 |
the mayor or city manager of each participating municipal | 387 |
corporation | 388 |
389 | |
of the foregoing officers may appoint a designee to serve in the | 390 |
officer's place on the corrections commission. The standards and | 391 |
procedures shall be formulated and agreed to by the commission and | 392 |
may be amended at any time during the life of the contract by | 393 |
agreement of the parties to the contract upon the advice of the | 394 |
commission. The standards and procedures formulated by the | 395 |
commission shall include, but need not be limited to, designation | 396 |
of the person in charge of the center, designation of a fiscal | 397 |
agent, the categories of employees to be employed at the center, | 398 |
the appointing authority of the center, and the standards of | 399 |
treatment and security to be maintained at the center. The person | 400 |
in charge of, and all persons employed to work at, the center | 401 |
shall have all the powers of police officers that are necessary | 402 |
for the proper performance of the duties relating to their | 403 |
positions at the center. | 404 |
(B)(1) Upon the establishment of a corrections commission | 405 |
under division (A) of this section, the judges specified in this | 406 |
division shall form a judicial advisory board for the purpose of | 407 |
making recommendations to the corrections commission on issues of | 408 |
bed allocation, expansion of the center that the corrections | 409 |
commission oversees, and other issues concerning the | 410 |
administration of sentences or any other matter determined to be | 411 |
appropriate by the corrections commission. The judges who shall | 412 |
form the judicial advisory board for a corrections commission are | 413 |
the administrative judge of the general division of the court of | 414 |
common pleas of each county participating in the corrections | 415 |
center, the presiding judge of the municipal court of each | 416 |
municipal corporation participating in the corrections center, | 417 |
and the presiding judge of each county court of each county | 418 |
participating in the corrections center. Any of the foregoing | 419 |
judges may appoint a designee to serve in the judge's place on | 420 |
the judicial advisory board, provided that the designee shall be | 421 |
a judge of the same court as the judge who makes the appointment. | 422 |
The judicial advisory board for a corrections commission shall | 423 |
meet with the corrections commission at least once each year. | 424 |
(2) Each board of county commissioners that enters a contract | 425 |
under division (A) of this section may appoint a building | 426 |
commission pursuant to section 153.21 of the Revised Code. If any | 427 |
commissions are appointed, they shall function jointly in the | 428 |
construction of a multicounty or multicounty-municipal | 429 |
correctional center with all the powers and duties authorized by | 430 |
law. | 431 |
(C) Prior to the acceptance for custody and rehabilitation | 432 |
into a center established under this section of any persons who | 433 |
are designated by the department of rehabilitation and correction, | 434 |
who plead guilty to or are convicted of a felony of the fourth or | 435 |
fifth degree, and who satisfy the other requirements listed in | 436 |
section 5120.161 of the Revised Code, the corrections commission | 437 |
of a center established under this section shall enter into an | 438 |
agreement with the department of rehabilitation and correction | 439 |
under section 5120.161 of the Revised Code for the custody and | 440 |
rehabilitation in the center of persons who are designated by the | 441 |
department, who plead guilty to or are convicted of a felony of | 442 |
the fourth or fifth degree, and who satisfy the other requirements | 443 |
listed in that section, in exchange for a per diem fee per person. | 444 |
Persons incarcerated in the center pursuant to an agreement | 445 |
entered into under this division shall be subject to supervision | 446 |
and control in the manner described in section 5120.161 of the | 447 |
Revised Code. This division does not affect the authority of a | 448 |
court to directly sentence a person who is convicted of or pleads | 449 |
guilty to a felony to the center in accordance with section | 450 |
2929.16 of the Revised Code. | 451 |
(D) Pursuant to section 2929.37 of the Revised Code, each | 452 |
board of county commissioners and the legislative authority of | 453 |
each municipal corporation that enters into a contract under | 454 |
division (A) of this section may require a person who was | 455 |
convicted of an offense, who is under the charge of the sheriff of | 456 |
their county or of the officer or officers of the contracting | 457 |
municipal corporation or municipal corporations having charge of | 458 |
persons incarcerated in the municipal jail, workhouse, or other | 459 |
correctional facility, and who is confined in the multicounty, | 460 |
municipal-county, or multicounty-municipal correctional center as | 461 |
provided in that division, to reimburse the applicable county or | 462 |
municipal corporation for its expenses incurred by reason of the | 463 |
person's confinement in the center. | 464 |
(E) Notwithstanding any contrary provision in this section or | 465 |
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the | 466 |
corrections commission of a center may establish a policy that | 467 |
complies with section 2929.38 of the Revised Code and that | 468 |
requires any person who is not indigent and who is confined in the | 469 |
multicounty, municipal-county, or multicounty-municipal | 470 |
correctional center to pay a reception fee, a fee for medical | 471 |
treatment or service requested by and provided to that person, or | 472 |
the fee for a random drug test assessed under division (E) of | 473 |
section 341.26 of the Revised Code. | 474 |
(F)(1) The corrections commission of a center established | 475 |
under this section may establish a commissary for the center. The | 476 |
commissary may be established either in-house or by another | 477 |
arrangement. If a commissary is established, all persons | 478 |
incarcerated in the center shall receive commissary privileges. A | 479 |
person's purchases from the commissary shall be deducted from the | 480 |
person's account record in the center's business office. The | 481 |
commissary shall provide for the distribution to indigent persons | 482 |
incarcerated in the center of necessary hygiene articles and | 483 |
writing materials. | 484 |
(2) If a commissary is established, the corrections | 485 |
commission of a center established under this section shall | 486 |
establish a commissary fund for the center. The management of | 487 |
funds in the commissary fund shall be strictly controlled in | 488 |
accordance with procedures adopted by the auditor of state. | 489 |
Commissary fund revenue over and above operating costs and reserve | 490 |
shall be considered profits. All profits from the commissary fund | 491 |
shall be used to purchase supplies and equipment for the benefit | 492 |
of persons incarcerated in the center and to pay salary and | 493 |
benefits for employees of the center, or for any other persons, | 494 |
who work in or are employed for the sole purpose of providing | 495 |
service to the commissary. The corrections commission shall adopt | 496 |
rules and regulations for the operation of any commissary fund it | 497 |
establishes. | 498 |
(G) In lieu of forming a corrections commission to administer | 499 |
a multicounty correctional center or a municipal-county or | 500 |
multicounty-municipal correctional center, the boards of county | 501 |
commissioners and the legislative authorities of the municipal | 502 |
corporations contracting to establish the center may also agree to | 503 |
contract for the private operation and management of the center as | 504 |
provided in section 9.06 of the Revised Code, but only if the | 505 |
center houses only misdemeanant inmates. In order to enter into a | 506 |
contract under section 9.06 of the Revised Code, all the boards | 507 |
and legislative authorities establishing the center shall approve | 508 |
and be parties to the contract. | 509 |
(H) If a person who is convicted of or pleads guilty to an | 510 |
offense is sentenced to a term in a multicounty correctional | 511 |
center or a municipal-county or multicounty-municipal correctional | 512 |
center or is incarcerated in the center in the manner described in | 513 |
division (C) of this section, or if a person who is arrested for | 514 |
an offense, and who has been denied bail or has had bail set and | 515 |
has not been released on bail is confined in a multicounty | 516 |
correctional center or a municipal-county or multicounty-municipal | 517 |
correctional center pending trial, at the time of reception and at | 518 |
other times the officer, officers, or other person in charge of | 519 |
the operation of the center determines to be appropriate, the | 520 |
officer, officers, or other person in charge of the operation of | 521 |
the center may cause the convicted or accused offender to be | 522 |
examined and tested for tuberculosis, HIV infection, hepatitis, | 523 |
including but not limited to hepatitis A, B, and C, and other | 524 |
contagious diseases. The officer, officers, or other person in | 525 |
charge of the operation of the center may cause a convicted or | 526 |
accused offender in the center who refuses to be tested or treated | 527 |
for tuberculosis, HIV infection, hepatitis, including but not | 528 |
limited to hepatitis A, B, and C, or another contagious disease to | 529 |
be tested and treated involuntarily. | 530 |
(I) As used in this section, "multicounty-municipal" means | 531 |
more than one county and a municipal corporation, or more than one | 532 |
municipal corporation and a county, or more than one municipal | 533 |
corporation and more than one county. | 534 |
Sec. 307.932. (A) As used in this section: | 535 |
(1) "Division of parole and community services" means the | 536 |
division of parole and community services of the department of | 537 |
rehabilitation and correction. | 538 |
(2) "Eligible offender" means, in relation to a particular | 539 |
community alternative sentencing center or district community | 540 |
alternative sentencing center established and operated under | 541 |
division (E) of this section, an offender who has been convicted | 542 |
of or pleaded guilty to a qualifying misdemeanor offense, for | 543 |
whom no provision of the Revised Code or ordinance of a municipal | 544 |
corporation other than section 4511.19 of the Revised Code or an | 545 |
ordinance of a municipal corporation that provides the penalties | 546 |
for a municipal OVI offense of the municipal corporation requires | 547 |
the imposition of a mandatory jail term for that qualifying | 548 |
misdemeanor offense, and who is eligible to be sentenced directly | 549 |
to that center and admitted to it under rules adopted under | 550 |
division (G) of this section by the board of county | 551 |
commissioners or affiliated group of boards of county | 552 |
commissioners that established and operates that center. | 553 |
(3) "Municipal OVI offense" has the same meaning as in | 554 |
section 4511.181 of the Revised Code. | 555 |
(4) "OVI term of confinement" means a term of confinement | 556 |
imposed for a violation of section 4511.19 of the Revised Code or | 557 |
for a municipal OVI offense, including any mandatory jail term or | 558 |
mandatory term of local incarceration imposed for that violation | 559 |
or offense. | 560 |
(5) "Community residential sanction" means a community | 561 |
residential sanction imposed under section 2929.26 of the Revised | 562 |
Code for a misdemeanor violation of a section of the Revised Code | 563 |
or a term of confinement imposed for a misdemeanor violation of a | 564 |
municipal ordinance that is not a jail term. | 565 |
(6) "Qualifying misdemeanor offense" means a violation of any | 566 |
section of the Revised Code that is a misdemeanor or a violation | 567 |
of any ordinance of a municipal corporation located in the county | 568 |
that is a misdemeanor. | 569 |
(B)(1) The board of county commissioners of any county, in | 570 |
consultation with the sheriff of the county, may formulate a | 571 |
proposal for a community alternative sentencing center that, upon | 572 |
implementation by the county or being subcontracted to or operated | 573 |
by a nonprofit organization, would be used for the confinement of | 574 |
eligible offenders sentenced directly to the center by a court | 575 |
located in the county pursuant to a community residential sanction | 576 |
of not more than thirty days or pursuant to an OVI term of | 577 |
confinement of not more than thirty days, and for the purpose of | 578 |
closely monitoring those eligible offenders' adjustment to | 579 |
community supervision. A board that formulates a proposal | 580 |
pursuant to this division shall do so by resolution. | 581 |
(2) The boards of county commissioners of two or more | 582 |
adjoining or neighboring counties, in consultation with the | 583 |
sheriffs of each of those counties, may affiliate and formulate by | 584 |
resolution adopted by each of them a proposal for a district | 585 |
community alternative sentencing center that, upon implementation | 586 |
by the counties or being subcontracted to or operated by a | 587 |
nonprofit organization, would be used for the confinement of | 588 |
eligible offenders sentenced directly to the center by a court | 589 |
located in any of those counties pursuant to a community | 590 |
residential sanction of not more than thirty days or pursuant to | 591 |
an OVI term of confinement of not more than thirty days, and for | 592 |
the purpose of closely monitoring those eligible offenders' | 593 |
adjustment to community supervision. Each board that affiliates | 594 |
with one or more other boards to formulate a proposal pursuant | 595 |
to this division shall formulate the proposal by resolution. | 596 |
(C) Each proposal for a community alternative sentencing | 597 |
center or a district community alternative sentencing center that | 598 |
is formulated under division (B)(1) or (2) of this section shall | 599 |
include proposals for operation of the center and for criteria to | 600 |
define which offenders are eligible to be sentenced directly to | 601 |
the center and admitted to it. At a minimum, the proposed | 602 |
criteria that define which offenders are eligible to be sentenced | 603 |
directly to the center and admitted to it shall provide all of the | 604 |
following: | 605 |
(1) That an offender is eligible to be sentenced directly to | 606 |
the center and admitted to it if the offender has been convicted | 607 |
of or pleaded guilty to a qualifying misdemeanor offense and is | 608 |
sentenced directly to the center for the qualifying misdemeanor | 609 |
offense pursuant to a community residential sanction of not more | 610 |
than thirty days or pursuant to an OVI term of confinement of not | 611 |
more than thirty days by a court that is located in the county or | 612 |
one of the counties served by the board of county commissioners | 613 |
or by any of the affiliated group of boards of county | 614 |
commissioners that submits the proposal; | 615 |
(2) That no offender is eligible to be sentenced directly to | 616 |
the center or admitted to it if, in addition to the community | 617 |
residential sanction or OVI term of confinement described in | 618 |
division (C)(1) of this section, the offender is serving or has | 619 |
been sentenced to serve any other jail term, prison term, or | 620 |
community residential sanction. | 621 |
(D)(1) If a board of county commissioners formulates a | 622 |
proposal for a community alternative sentencing center pursuant to | 623 |
division (B)(1) of this section or an affiliated group of boards | 624 |
of county commissioners formulates a proposal for a district | 625 |
community alternative sentencing center pursuant to division | 626 |
(B)(2) of this section, prior to establishing or operating the | 627 |
center, the board or the affiliated group of boards shall submit | 628 |
the proposal for certification to the division of parole and | 629 |
community services of the department of rehabilitation and | 630 |
correction for approval and certification pursuant to division | 631 |
(F) of section 5120.10 of the Revised Code. The division may | 632 |
approve and certify a center as a suitable facility for the care | 633 |
and treatment of adult offenders only if the center complies with | 634 |
the standards for the certification of the centers that the | 635 |
division adopts by rule in accordance with Chapter 119. of the | 636 |
Revised Code. The division shall inspect each center to which a | 637 |
proposal submitted under this division applies and annually shall | 638 |
inspect each center established or operated under an approved and | 639 |
certified proposal to determine if the proposed or certified | 640 |
center is in compliance with the certification standards. A board | 641 |
or affiliated group of boards shall not establish or operate a | 642 |
center without the division's approval and certification. The | 643 |
approval and certification of a center by the division is not a | 644 |
requirement for, and is not an affirmation that the division or | 645 |
the department of rehabilitation and correction must or will | 646 |
provide, funding for the operation of the center. | 647 |
(2) If a proposal for a community alternative sentencing | 648 |
center or a district community alternative sentencing center that | 649 |
is formulated under division (B)(1) or (2) of this section | 650 |
contemplates the use of an existing facility, or a part of an | 651 |
existing facility, as the center, nothing in this section limits, | 652 |
restricts, or precludes the use of the facility, the part of the | 653 |
facility, or any other part of the facility for any purpose other | 654 |
than as a community alternative sentencing center or district | 655 |
community alternative sentencing center. | 656 |
(E) Upon approval and certification by the division of parole | 657 |
and community services of a proposal for a community alternative | 658 |
sentencing center or for a district community alternative | 659 |
sentencing center submitted to the division under division (D) | 660 |
of this section, the board of county commissioners or the | 661 |
affiliated group of boards of county commissioners that submitted | 662 |
the proposal may establish and operate the center in accordance | 663 |
with the approved and certified proposal, division (G) of this | 664 |
section, and rules adopted under that division. The establishment | 665 |
and operation of the center may be done by subcontracting with a | 666 |
nonprofit organization for the operation of the center. | 667 |
If a board of county commissioners or an affiliated group of | 668 |
boards of county commissioners establishes and operates a | 669 |
community alternative sentencing center or district community | 670 |
alternative sentencing center under this division, except as | 671 |
otherwise provided in this division, the center is not a minimum | 672 |
security jail under section 341.14, section 753.21, or any other | 673 |
provision of the Revised Code, is not a jail or alternative | 674 |
residential facility as defined in section 2929.01 of the | 675 |
Revised Code, is not required to satisfy or comply with minimum | 676 |
standards for minimum security jails or other jails that are | 677 |
promulgated under division (A) of section 5120.10 of the Revised | 678 |
Code, is not a local detention facility as defined in section | 679 |
2929.36 of the Revised Code, and is not a residential unit as | 680 |
defined in section 2950.01 of the Revised Code. The center is a | 681 |
detention facility as defined in sections 2921.01 and 2923.124 | 682 |
of the Revised Code, and an eligible offender confined in the | 683 |
center is under detention as defined in section 2921.01 of the | 684 |
Revised Code. Regarding persons sentenced directly to the center | 685 |
under an OVI term of confinement, the center shall be considered | 686 |
a "jail" or "local correctional facility" for purposes of any | 687 |
provision in section 4511.19 of the Revised Code or in an | 688 |
ordinance of a municipal corporation that requires a mandatory | 689 |
jail term or mandatory term of local incarceration for the | 690 |
violation of section 4511.19 of the Revised Code or the municipal | 691 |
OVI offense, and a direct sentence of a person to the center | 692 |
under an OVI term of confinement shall be considered to be a | 693 |
sentence to a "jail" or "local correctional facility" for | 694 |
purposes of any such provision in section 4511.19 of the Revised | 695 |
Code or in an ordinance of a municipal corporation. | 696 |
(F)(1) If the board of county commissioners of a county that | 697 |
is being served by a community alternative sentencing center | 698 |
established pursuant to division (E) of this section determines | 699 |
that it no longer wants to be served by the center, the board may | 700 |
dissolve the center by adopting a resolution evidencing the | 701 |
determination to dissolve the center and notifying, in writing, | 702 |
the division of parole and community services of the determination | 703 |
to dissolve the center. | 704 |
(2) If the boards of county commissioners of all of the | 705 |
counties served by any district community alternative sentencing | 706 |
center established pursuant to division (E) of this section | 707 |
determine that they no longer want to be served by the center, | 708 |
the boards may dissolve the center by adopting in each county a | 709 |
resolution evidencing the determination to dissolve the center | 710 |
and notifying, in writing, the division of parole and community | 711 |
services of the determination to dissolve the center. | 712 |
(3) If at least one, but not all, of the boards of county | 713 |
commissioners of the counties being served by any district | 714 |
community alternative sentencing center established pursuant to | 715 |
division (E) of this section determines that it no longer wants | 716 |
to be served by the center, the board may terminate its | 717 |
involvement with the center by adopting a resolution evidencing | 718 |
the determination to terminate its involvement with the center | 719 |
and notifying, in writing, the division of parole and community | 720 |
services of the determination to terminate its involvement with | 721 |
the center. If at least one, but not all, of the boards of | 722 |
county commissioners of the counties being served by any | 723 |
community alternative sentencing center terminates its | 724 |
involvement with the center in accordance with this division, the | 725 |
other boards of county commissioners of the counties being served | 726 |
by the center may continue to be served by the center. | 727 |
(G) Upon approval and certification by the division of parole | 728 |
and community services of a proposal for a community alternative | 729 |
sentencing center or for a district community alternative | 730 |
sentencing center submitted to it under division (D) of this | 731 |
section, prior to establishing or operating the center, the | 732 |
board of county commissioners or the affiliated group of boards | 733 |
of county commissioners that submitted the proposal shall adopt | 734 |
rules for the operation of the center. The rules shall include | 735 |
criteria that define which offenders are eligible to be | 736 |
sentenced directly to the center and admitted to it and the | 737 |
criteria so included shall be consistent with the proposed | 738 |
criteria included in the proposal approved and certified by the | 739 |
division. | 740 |
(H) If a board of county commissioners establishes and | 741 |
operates a community alternative sentencing center under division | 742 |
(E) of this section, or an affiliated group of boards of county | 743 |
commissioners establishes and operates a district community | 744 |
alternative sentencing center under that division, all of the | 745 |
following apply: | 746 |
(1) Any court located within the county served by the board | 747 |
that establishes and operates a community correctional center may | 748 |
directly sentence eligible offenders to the center pursuant to a | 749 |
community residential sanction of not more than thirty days or | 750 |
pursuant to an OVI term of confinement of not more than thirty | 751 |
days. Any court located within a county served by any of the | 752 |
boards that establishes and operates a district community | 753 |
correctional center may directly sentence eligible offenders to | 754 |
the center pursuant to a community residential sanction of not | 755 |
more than thirty days or pursuant to an OVI term of confinement | 756 |
of not more than thirty days. | 757 |
(2) Each eligible offender who is sentenced to the center as | 758 |
described in division (H)(1) of this section and admitted to it | 759 |
shall be offered during the eligible offender's confinement at the | 760 |
center educational and vocational services and reentry planning | 761 |
and may be offered any other treatment and rehabilitative services | 762 |
that are available and that the court that sentenced the | 763 |
particular eligible offender to the center and the administrator | 764 |
of the center determine are appropriate based upon the offense | 765 |
for which the eligible offender was sentenced to the community | 766 |
residential sanction and the length of the sanction. | 767 |
(3) Before accepting an eligible offender sentenced to the | 768 |
center by a court, the board or the affiliated group of boards | 769 |
shall enter into an agreement with a political subdivision that | 770 |
operates that court that addresses the cost and payment of medical | 771 |
treatment or services received by eligible offenders sentenced by | 772 |
that court while they are confined in the center. The agreement | 773 |
may provide for the payment of the costs by the particular | 774 |
eligible offender who receives the treatment or services, as | 775 |
described in division (I) of this section. | 776 |
(4) If a court sentences an eligible offender to a center | 777 |
under authority of division (H)(1) of this section, immediately | 778 |
after the sentence is imposed, the eligible offender shall be | 779 |
taken to the probation department that serves the court. The | 780 |
department shall handle any preliminary matters regarding the | 781 |
admission of the eligible offender to the center, including a | 782 |
determination as to whether the eligible offender may be admitted | 783 |
to the center under the criteria included in the rules adopted | 784 |
under division (G) of this section that define which offenders are | 785 |
eligible to be sentenced and admitted to the center. If the | 786 |
eligible offender is accepted for admission to the center, the | 787 |
department shall schedule the eligible offender for the admission | 788 |
and shall provide for the transportation of the offender to the | 789 |
center. If an eligible offender who is sentenced to the center | 790 |
under a community residential sanction is not accepted for | 791 |
admission to the center for any reason, the nonacceptance shall | 792 |
be considered a violation of a condition of the community | 793 |
residential sanction, the eligible offender shall be taken before | 794 |
the court that imposed the sentence, and the court may proceed as | 795 |
specified in division (C)(2) of section 2929.25 of the Revised | 796 |
Code based on the violation or as provided by ordinance of the | 797 |
municipal corporation based on the violation, whichever is | 798 |
applicable. If an eligible offender who is sentenced to the | 799 |
center under an OVI term of confinement is not accepted for | 800 |
admission to the center for any reason, the eligible offender | 801 |
shall be taken before the court that imposed the sentence, and | 802 |
the court shall determine the place at which the offender is to | 803 |
serve the term of confinement. If the eligible offender is | 804 |
admitted to the center, all of the following apply: | 805 |
(a) The admission shall be under the terms and conditions | 806 |
established by the court and the administrator of the center, | 807 |
and the court and the administrator of the center shall provide | 808 |
for the confinement of the eligible offender and supervise the | 809 |
eligible offender as provided in divisions (H)(4)(b) to (f) of | 810 |
this section. | 811 |
(b) The eligible offender shall be confined in the center | 812 |
during any period of time that the eligible offender is not | 813 |
actually working at the eligible offender's approved work release | 814 |
described in division (H)(4)(c) of this section, engaged in | 815 |
community service activities described in division (H)(4)(d) of | 816 |
this section, engaged in authorized vocational training or another | 817 |
authorized educational program, engaged in another program | 818 |
designated by the administrator of the center, or engaged in | 819 |
other activities approved by the court and the administrator of | 820 |
the center. | 821 |
(c) If the court and the administrator of the center | 822 |
determine that work release is appropriate based upon the | 823 |
offense for which the eligible offender was sentenced to the | 824 |
community residential sanction or OVI term of confinement and the | 825 |
length of the sanction or term, the eligible offender may be | 826 |
offered work release from confinement at the center and be | 827 |
released from confinement while engaged in the work release. | 828 |
(d) If the administrator of the center determines that | 829 |
community service is appropriate and if the eligible offender | 830 |
will be confined for more than ten days at the center, the | 831 |
eligible offender may be required to participate in community | 832 |
service activities approved by the political subdivision served | 833 |
by the court. Community service activities that may be required | 834 |
under this division may take place in facilities of the political | 835 |
subdivision that operates the court, in the community, or in both | 836 |
such locales. The eligible offender shall be released from | 837 |
confinement while engaged in the community service activities. | 838 |
Community service activities required under this division shall | 839 |
be supervised by the court or an official designated by the | 840 |
board of county commissioners or affiliated group of boards of | 841 |
county commissioners that established and is operating the | 842 |
center. Community service activities required under this | 843 |
division shall not exceed in duration the period for which the | 844 |
eligible offender will be confined at the center under the | 845 |
community residential sanction or the OVI term of confinement. | 846 |
(e) The confinement of the eligible offender in the center | 847 |
shall be considered for purposes of this division and division | 848 |
(H)(4)(f) of this section as including any period of time | 849 |
described in division (H)(4)(b) of this section when the eligible | 850 |
offender may be outside of the center and shall continue until the | 851 |
expiration of the community residential sanction or OVI term of | 852 |
confinement that the eligible offender is serving upon admission | 853 |
to the center. | 854 |
(f) After the admission and until the expiration of the | 855 |
community residential sanction or OVI term of confinement that the | 856 |
eligible offender is serving upon admission to the center, the | 857 |
eligible offender shall be considered for purposes of any | 858 |
provision in Title XXIX of the Revised Code to be serving the | 859 |
community residential sanction or OVI term of confinement. | 860 |
(5) The administrator of the center, or the administrator's | 861 |
designee, shall post a sign as described in division (A)(4) of | 862 |
section 2923.1212 of the Revised Code in a conspicuous location at | 863 |
the center. | 864 |
(I) The board of county commissioners that establishes and | 865 |
operates a community alternative sentencing center under division | 866 |
(E) of this section, or the affiliated group of boards of county | 867 |
commissioners that establishes and operates a district community | 868 |
alternative sentencing center under that division, may require an | 869 |
eligible offender who is sentenced directly to the center and | 870 |
admitted to it to pay to the county served by the board or the | 871 |
counties served by the affiliated group of boards or the entity | 872 |
operating the center the reasonable expenses incurred by the | 873 |
county or counties, whichever is applicable, in supervising or | 874 |
confining the eligible offender after being sentenced to the | 875 |
center and admitted. Inability to pay those reasonable expenses | 876 |
shall not be grounds for refusing to admit an otherwise eligible | 877 |
offender to the center. | 878 |
(J)(1) If an eligible offender who is directly sentenced to a | 879 |
community alternative sentencing center or district community | 880 |
alternative sentencing center and admitted to the center | 881 |
successfully completes the service of the community residential | 882 |
sanction in the center, the administrator of the center shall | 883 |
notify the court that imposed the sentence, and the court shall | 884 |
enter into the journal that the eligible offender successfully | 885 |
completed the service of the sanction. | 886 |
(2) If an eligible offender who is directly sentenced to a | 887 |
community alternative sentencing center or district community | 888 |
alternative sentencing center and admitted to the center violates | 889 |
any rule established under this section by the board of county | 890 |
commissioners or the affiliated group of boards of county | 891 |
commissioners that establishes and operates the center, violates | 892 |
any condition of the community residential sanction or OVI term of | 893 |
confinement imposed by the sentencing court, or otherwise does | 894 |
not successfully complete the service of the community | 895 |
residential sanction or OVI term of confinement in the center, the | 896 |
administrator of the center shall report the violation or failure | 897 |
to successfully complete the sanction or term directly to the | 898 |
court or to the probation department or probation officer with | 899 |
general control and supervision over the eligible offender. A | 900 |
failure to successfully complete the service of the community | 901 |
residential sanction or OVI term of confinement in the center | 902 |
shall be considered a violation of a condition of the community | 903 |
residential sanction or the OVI term of confinement. If the | 904 |
administrator reports the violation to the probation department or | 905 |
probation officer, the department or officer shall report the | 906 |
violation to the court. Upon its receipt under this division of a | 907 |
report of a violation or failure to complete the sanction by a | 908 |
person sentenced to the center under a community residential | 909 |
sanction, the court may proceed as specified in division (C)(2) | 910 |
of section 2929.25 of the Revised Code based on the violation or | 911 |
as provided by ordinance of the municipal corporation based on | 912 |
the violation, whichever is applicable. Upon its receipt under | 913 |
this division of a report of a violation or failure to complete | 914 |
the term by a person sentenced to the center under an OVI term of | 915 |
confinement, the court shall determine the place at which the | 916 |
offender is to serve the remainder of the term of confinement. | 917 |
The eligible offender shall receive credit towards completing | 918 |
the eligible offender's sentence for the time spent in the | 919 |
center after admission to it. | 920 |
Sec. 309.18. (A) If a prosecuting attorney of a county | 921 |
receives notice from the | 922 |
923 | |
924 | |
925 | |
926 | |
927 | |
county pursuant to section 341.011 of the Revised Code that a | 928 |
person indicted for or otherwise charged with an offense of | 929 |
violence that is a felony and that was committed in the county has | 930 |
escaped from the county jail or workhouse or otherwise has escaped | 931 |
from the custody of the sheriff | 932 |
of police or other chief law enforcement officer of a municipal | 933 |
corporation pursuant to section 753.19 of the Revised Code that a | 934 |
person indicted for or otherwise charged with an offense of | 935 |
violence that is a felony and that was committed in the county has | 936 |
escaped from a jail or workhouse of that municipal corporation or | 937 |
otherwise has escaped from the custody of that municipal | 938 |
corporation, the prosecuting attorney shall notify each victim of | 939 |
an offense of violence that is a felony committed by that person | 940 |
of the person's escape and,
if applicable, of | 941 |
subsequent apprehension. The notice of escape shall be given as | 942 |
soon as possible after receipt of the notice from the department, | 943 |
sheriff, or chief law enforcement officer of the municipal | 944 |
corporation and shall be given by telephone or in person, except | 945 |
that, if a prosecuting attorney tries and fails to give the notice | 946 |
of escape by telephone at the victim's last known telephone number | 947 |
or tries and fails to give the notice of escape in person at the | 948 |
victim's last known address, the notice of escape shall be given | 949 |
to the victim at | 950 |
mail, return receipt requested. The notice of apprehension shall | 951 |
be given as soon as possible after the person is apprehended and | 952 |
shall be given in the same manner as is the notice of escape. | 953 |
Any prosecuting attorney who fails to give any notice | 954 |
required by this | 955 |
for any injury, death, or loss to person or property that might be | 956 |
incurred as a result of that failure to give notice. | 957 |
(B) If a prosecuting attorney of a county receives notice | 958 |
from the department of rehabilitation and correction pursuant to | 959 |
section 5120.14 of the Revised Code or otherwise receives notice | 960 |
from the department that a person who was convicted of or pleaded | 961 |
guilty in that county to an offense of violence that is a felony | 962 |
has escaped from a correctional institution under the control of | 963 |
the department or otherwise has escaped from the custody of the | 964 |
department, and if the office of victim services of the department | 965 |
requests assistance from the prosecuting attorney in identifying | 966 |
and locating the victim of the offense, the prosecuting attorney | 967 |
promptly shall provide the information requested, if available, to | 968 |
the office of victim services. | 969 |
Sec. 926.99. (A)(1) Except as provided in division (A)(2) | 970 |
of this section, whoever violates section 926.04 of the Revised | 971 |
Code is guilty of a misdemeanor of the first degree on a first | 972 |
offense and a felony of the fifth degree on each subsequent | 973 |
offense. | 974 |
(2) A person who violates section 926.04 of the Revised Code | 975 |
and who is insolvent and financially unable to satisfy a claimant | 976 |
as defined in section 926.021 of the Revised Code is guilty of a | 977 |
felony of the fifth degree if the financial obligation owed by the | 978 |
offender to the claimant is | 979 |
more and
is
less than | 980 |
If the financial
obligation is
| 981 |
dollars or more and is less than one hundred fifty thousand | 982 |
dollars, the offender is guilty of a felony of the fourth | 983 |
degree. If the financial obligation is one hundred fifty thousand | 984 |
dollars or more, the offender is guilty of a felony of the third | 985 |
degree. | 986 |
(B) Whoever violates division (E) or (F) of section 926.20 or | 987 |
division (A) of section 926.22 of the Revised Code is guilty of a | 988 |
minor misdemeanor on a first offense and a misdemeanor of the | 989 |
second degree on each subsequent offense. | 990 |
(C) Whoever violates division (G) of section 926.20 or | 991 |
section 926.34 or 926.35 of the Revised Code is guilty of a felony | 992 |
of the fourth degree. | 993 |
(D) Whoever violates division (A) of section 926.28 or | 994 |
division (B) of section 926.29 of the Revised Code is guilty of a | 995 |
felony of the fifth degree. | 996 |
(E) Whoever violates section 926.31 of the Revised Code is | 997 |
guilty of a misdemeanor of the fourth degree. | 998 |
Sec. 1333.99. (A) Whoever violates sections 1333.01 to | 999 |
1333.04 of the Revised Code is guilty of a minor misdemeanor. | 1000 |
(B) Whoever violates section 1333.12 or 1333.71 of the | 1001 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 1002 |
(C) Whoever violates section 1333.36 of the Revised Code is | 1003 |
guilty of a misdemeanor of the third degree. | 1004 |
(D) A prosecuting attorney may file an action to restrain any | 1005 |
person found in violation of section 1333.36 of the Revised Code. | 1006 |
Upon the filing of such an action, the common pleas court may | 1007 |
receive evidence of such violation and forthwith grant a temporary | 1008 |
restraining order as may be prayed for, pending a hearing on the | 1009 |
merits of said cause. | 1010 |
(E) Whoever violates division (A)(1) of section 1333.52 or | 1011 |
section 1333.81 of the Revised Code is guilty of a misdemeanor of | 1012 |
the first degree. | 1013 |
(F) Whoever violates division (A)(2) or (B) of section | 1014 |
1333.52 of the Revised Code is guilty of a misdemeanor of the | 1015 |
second degree. | 1016 |
(G) Except as otherwise provided in this division, whoever | 1017 |
violates section 1333.92 of the Revised Code is guilty of a | 1018 |
misdemeanor of the first degree. If the value of the compensation | 1019 |
is | 1020 |
seven thousand five hundred dollars, whoever violates section | 1021 |
1333.92 of the Revised Code is guilty of a felony of the fifth | 1022 |
degree. If the value of
the
compensation is | 1023 |
five hundred dollars or more and less than one hundred fifty | 1024 |
thousand dollars, whoever violates section 1333.92 of the | 1025 |
Revised Code is guilty of a felony of the fourth degree. If the | 1026 |
value of the compensation is one hundred fifty thousand dollars or | 1027 |
more, whoever violates section 1333.92 of the Revised Code is | 1028 |
guilty of a felony of the third degree. | 1029 |
Sec. 1707.99. Whoever commits any act described in division | 1030 |
(A) of section 1707.042 or section 1707.44 of the Revised Code is | 1031 |
guilty of a violation of sections 1707.01 to 1707.45 of the | 1032 |
Revised Code and the following apply to the offender: | 1033 |
(A) If the value of the funds or securities involved in the | 1034 |
offense or the loss to
the victim is less than | 1035 |
thousand dollars, the offender is guilty of a felony of the fifth | 1036 |
degree, and the court may impose upon the offender an additional | 1037 |
fine of not more than two thousand five hundred dollars. | 1038 |
(B) If the value of the funds or securities involved in the | 1039 |
offense or
the loss to the victim is | 1040 |
dollars or
more but less
than | 1041 |
dollars, the offender is guilty of a felony of the fourth | 1042 |
degree, and the court may impose upon the offender an | 1043 |
additional fine of not more than five thousand dollars. | 1044 |
(C) If the value of the funds or securities involved in the | 1045 |
offense or the loss to
the victim is | 1046 |
hundred dollars or more
but less than
| 1047 |
thousand five hundred dollars, the offender is guilty of a | 1048 |
felony of the third degree, and the court may impose upon the | 1049 |
offender an additional fine of not more than ten thousand dollars. | 1050 |
(D) If the value of the funds or securities involved in the | 1051 |
offense or the loss to
the victim is | 1052 |
thousand five hundred dollars or more but less than one hundred | 1053 |
fifty thousand dollars, the offender is guilty of a felony of | 1054 |
the second degree, and the court may impose upon the offender an | 1055 |
additional fine of not more than fifteen thousand dollars. | 1056 |
(E) If the value of the funds or securities involved in the | 1057 |
offense or the loss to the victim is one hundred fifty thousand | 1058 |
dollars or more, the offender is guilty of a felony of the first | 1059 |
degree, and the court may impose upon the offender an additional | 1060 |
fine of not more than twenty thousand dollars. | 1061 |
Sec. 1716.99. (A) Whoever violates any provision of | 1062 |
sections 1716.02 to 1716.17 of the Revised Code, other than | 1063 |
division (A)(1) of section 1716.14 of the Revised Code, is guilty | 1064 |
of a misdemeanor of the first degree. | 1065 |
Each occurrence of a solicitation of a contribution from any | 1066 |
person in violation of any provision of sections 1716.02 to | 1067 |
1716.17 of the Revised Code, other than division (A)(1) of section | 1068 |
1716.14 of the Revised Code, is considered a separate offense. | 1069 |
(B)(1) Whoever violates division (A)(1) of section 1716.14 of | 1070 |
the Revised Code is guilty of solicitation fraud and shall be | 1071 |
punished as provided in divisions (B)(2) to (4) of this section. | 1072 |
(2) Except as otherwise provided in division (B)(4) of this | 1073 |
section, division (B)(3) of this section applies to solicitation | 1074 |
fraud, and solicitation fraud is one of the following: | 1075 |
(a) Except as otherwise provided in divisions (B)(2)(b) to | 1076 |
(d) of this section, a misdemeanor of the first degree or, if the | 1077 |
offender previously has been convicted of or pleaded guilty to a | 1078 |
theft offense or a violation of division (A)(1) of section 1716.14 | 1079 |
of the Revised Code, a felony of the fifth degree. | 1080 |
(b) If the value of the contribution or contributions made in | 1081 |
the
violation is | 1082 |
less than
| 1083 |
the fifth degree or, if the offender previously has been | 1084 |
convicted of or pleaded guilty to a theft offense or a | 1085 |
violation of division (A)(1) of section 1716.14 of the Revised | 1086 |
Code, a felony of the fourth degree. | 1087 |
(c) If the value of the contribution or contributions made in | 1088 |
the
violation is | 1089 |
but less than one hundred fifty thousand dollars, a felony of the | 1090 |
fourth degree or, if the offender previously has been convicted | 1091 |
of or pleaded guilty to a theft offense or a violation of | 1092 |
division (A)(1) of section 1716.14 of the Revised Code, a felony | 1093 |
of the third degree. | 1094 |
(d) If the value of the contribution or contributions made in | 1095 |
the violation is one hundred fifty thousand dollars or more, a | 1096 |
felony of the third degree. | 1097 |
(3) When an offender commits a series of offenses in | 1098 |
violation of division (A)(1) of section 1716.14 of the Revised | 1099 |
Code as part of a common scheme or plan to defraud multiple | 1100 |
victims, all of the offenses may be tried as a single offense. If | 1101 |
the offenses are tried as a single offense, the value of the | 1102 |
contributions for purposes of determining the value as required by | 1103 |
division (B)(2) of this section is the aggregate value of all | 1104 |
contributions involved in all offenses in the common scheme or | 1105 |
plan to defraud multiple victims. In prosecuting a single offense | 1106 |
under this division, it is not necessary to separately allege and | 1107 |
prove each offense in the series. Rather, it is sufficient to | 1108 |
allege and prove that the offender, within a given span of time, | 1109 |
committed one or more offenses as part of a common scheme or plan | 1110 |
to defraud multiple victims as described in this division. | 1111 |
(4) If the victim of the offense is an elderly person or | 1112 |
disabled adult, division (B)(4) of this section and section | 1113 |
2913.61 of the Revised Code apply to solicitation fraud, and | 1114 |
solicitation fraud is one of the following: | 1115 |
(a) Except as otherwise provided in divisions (B)(4)(b) to | 1116 |
(d) of this section, a felony of the fifth degree; | 1117 |
(b) If the value of the contributions made in the violation | 1118 |
is
| 1119 |
1120 | |
degree; | 1121 |
(c) If the value of the contributions made in the violation | 1122 |
is
| 1123 |
than | 1124 |
felony of the third degree; | 1125 |
(d) If the value of the contributions made in the violation | 1126 |
is
| 1127 |
a felony of the second degree. | 1128 |
(C) Any person who is found guilty of any act or omission | 1129 |
prohibited under this chapter shall forfeit the bond described in | 1130 |
section 1716.05 or 1716.07 of the Revised Code to the state | 1131 |
treasury to the credit of the charitable law fund established | 1132 |
under section 109.32 of the Revised Code and shall be prohibited | 1133 |
from registering with the attorney general or from serving as a | 1134 |
fund-raising counsel or professional solicitor in this state for a | 1135 |
period of five years after conviction. | 1136 |
Sec. 2743.191. (A)(1) There is hereby created in the state | 1137 |
treasury the reparations fund, which shall be used only for the | 1138 |
following purposes: | 1139 |
(a) The payment of awards of reparations that are granted by | 1140 |
the attorney general; | 1141 |
(b) The compensation of any personnel needed by the attorney | 1142 |
general to administer sections 2743.51 to 2743.72 of the Revised | 1143 |
Code; | 1144 |
(c) The compensation of witnesses as provided in division (J) | 1145 |
of section 2743.65 of the Revised Code; | 1146 |
(d) Other administrative costs of hearing and determining | 1147 |
claims for an award of reparations by the attorney general; | 1148 |
(e) The costs of administering sections 2907.28 and 2969.01 | 1149 |
to 2969.06 of the Revised Code; | 1150 |
(f) The costs of investigation and decision-making as | 1151 |
certified by the attorney general; | 1152 |
(g) The provision of state financial assistance to victim | 1153 |
assistance programs in accordance with sections 109.91 and 109.92 | 1154 |
of the Revised Code; | 1155 |
(h) The costs of paying the expenses of sex offense-related | 1156 |
examinations and antibiotics pursuant to section 2907.28 of the | 1157 |
Revised Code; | 1158 |
(i) The cost of printing and distributing the pamphlet | 1159 |
prepared by the attorney general pursuant to section 109.42 of the | 1160 |
Revised Code; | 1161 |
(j) Subject to division (D) of section 2743.71 of the Revised | 1162 |
Code, the costs associated with the printing and providing of | 1163 |
information cards or other printed materials to law enforcement | 1164 |
agencies and prosecuting authorities and with publicizing the | 1165 |
availability of awards of reparations pursuant to section 2743.71 | 1166 |
of the Revised Code; | 1167 |
(k) The payment of costs of administering a DNA specimen | 1168 |
collection procedure pursuant to sections 2152.74 and 2901.07 of | 1169 |
the Revised Code, of performing DNA analysis of those DNA | 1170 |
specimens, and of entering the resulting DNA records regarding | 1171 |
those analyses into the DNA database pursuant to section 109.573 | 1172 |
of the Revised Code; | 1173 |
(l) The payment of actual costs associated with initiatives | 1174 |
by the attorney general for the apprehension, prosecution, and | 1175 |
accountability of offenders, and the enhancing of services to | 1176 |
crime victims. The amount of payments made pursuant to division | 1177 |
(A)(1)(l) of this section during any given fiscal year shall not | 1178 |
exceed five per cent of the balance of the reparations fund at the | 1179 |
close of the immediately previous fiscal year; | 1180 |
(m) The costs of administering the adult parole authority's | 1181 |
supervision pursuant to division (E) of section 2971.05 of the | 1182 |
Revised Code of sexually violent predators who are sentenced to a | 1183 |
prison term pursuant to division (A)(3) of section 2971.03 of the | 1184 |
Revised Code and of offenders who are sentenced to a prison term | 1185 |
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or | 1186 |
(c), or (B)(3)(a), (b), (c), or (d) of that section; | 1187 |
(n) The costs of installation and monitoring of an electronic | 1188 |
monitoring device used in the monitoring of a respondent pursuant | 1189 |
to an electronic monitoring order issued by a court under division | 1190 |
(E)(1)(b) of section 2903.214 of the Revised Code if the court | 1191 |
determines that the respondent is indigent or in the monitoring of | 1192 |
an offender pursuant to an electronic monitoring order issued | 1193 |
under division (B)(5) of section 2919.27 of the Revised Code if | 1194 |
the court determines that the offender is indigent; | 1195 |
(o) The costs of monitoring an offender by means of a global | 1196 |
positioning device, if the offender is released from prison | 1197 |
pursuant to section 2967.19 of the Revised Code, the court orders | 1198 |
monitoring of the offender by the device pursuant to division (H) | 1199 |
of that section, and the court determines that the offender is | 1200 |
indigent. | 1201 |
(2) All costs paid pursuant to section 2743.70 of the Revised | 1202 |
Code, the portions of license reinstatement fees mandated by | 1203 |
division (F)(2)(b) of section 4511.191 of the Revised Code to be | 1204 |
credited to the fund, the portions of the proceeds of the sale of | 1205 |
a forfeited vehicle specified in division (C)(2) of section | 1206 |
4503.234 of the Revised Code, payments collected by the department | 1207 |
of rehabilitation and correction from prisoners who voluntarily | 1208 |
participate in an approved work and training program pursuant to | 1209 |
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and | 1210 |
all moneys collected by the state pursuant to its right of | 1211 |
subrogation provided in section 2743.72 of the Revised Code shall | 1212 |
be deposited in the fund. | 1213 |
(B) In making an award of reparations, the attorney general | 1214 |
shall render the award against the state. The award shall be | 1215 |
accomplished only through the following procedure, and the | 1216 |
following procedure may be enforced by writ of mandamus directed | 1217 |
to the appropriate official: | 1218 |
(1) The attorney general shall provide for payment of the | 1219 |
claimant or providers in the amount of the award only if the | 1220 |
amount of the award is fifty dollars or more. | 1221 |
(2) The expense shall be charged against all available | 1222 |
unencumbered moneys in the fund. | 1223 |
(3) If sufficient unencumbered moneys do not exist in the | 1224 |
fund, the attorney general shall make application for payment of | 1225 |
the award out of the emergency purposes account or any other | 1226 |
appropriation for emergencies or contingencies, and payment out of | 1227 |
this account or other appropriation shall be authorized if there | 1228 |
are sufficient moneys greater than the sum total of then pending | 1229 |
emergency purposes account requests or requests for releases from | 1230 |
the other appropriations. | 1231 |
(4) If sufficient moneys do not exist in the account or any | 1232 |
other appropriation for emergencies or contingencies to pay the | 1233 |
award, the attorney general shall request the general assembly to | 1234 |
make an appropriation sufficient to pay the award, and no payment | 1235 |
shall be made until the appropriation has been made. The attorney | 1236 |
general shall make this appropriation request during the current | 1237 |
biennium and during each succeeding biennium until a sufficient | 1238 |
appropriation is made. If, prior to the time that an appropriation | 1239 |
is made by the general assembly pursuant to this division, the | 1240 |
fund has sufficient unencumbered funds to pay the award or part of | 1241 |
the award, the available funds shall be used to pay the award or | 1242 |
part of the award, and the appropriation request shall be amended | 1243 |
to request only sufficient funds to pay that part of the award | 1244 |
that is unpaid. | 1245 |
(C) The attorney general shall not make payment on a decision | 1246 |
or order granting an award until all appeals have been determined | 1247 |
and all rights to appeal exhausted, except as otherwise provided | 1248 |
in this section. If any party to a claim for an award of | 1249 |
reparations appeals from only a portion of an award, and a | 1250 |
remaining portion provides for the payment of money by the state, | 1251 |
that part of the award calling for the payment of money by the | 1252 |
state and not a subject of the appeal shall be processed for | 1253 |
payment as described in this section. | 1254 |
(D) The attorney general shall prepare itemized bills for the | 1255 |
costs of printing and distributing the pamphlet the attorney | 1256 |
general prepares pursuant to section 109.42 of the Revised Code. | 1257 |
The itemized bills shall set forth the name and address of the | 1258 |
persons owed the amounts set forth in them. | 1259 |
(E) As used in this section, "DNA analysis" and "DNA | 1260 |
specimen" have the same meanings as in section 109.573 of the | 1261 |
Revised Code. | 1262 |
Sec. 2909.03. (A) No person, by means of fire or explosion, | 1263 |
shall knowingly do any of the following: | 1264 |
(1) Cause, or create a substantial risk of, physical harm to | 1265 |
any property of another without the other person's consent; | 1266 |
(2) Cause, or create a substantial risk of, physical harm to | 1267 |
any property of the offender or another, with purpose to defraud; | 1268 |
(3) Cause, or create a substantial risk of, physical harm to | 1269 |
the statehouse or a courthouse, school building, or other building | 1270 |
or structure that is owned or controlled by the state, any | 1271 |
political subdivision, or any department, agency, or | 1272 |
instrumentality of the state or a political subdivision, and that | 1273 |
is used for public purposes; | 1274 |
(4) Cause, or create a substantial risk of, physical harm, | 1275 |
through the offer or the acceptance of an agreement for hire or | 1276 |
other consideration, to any property of another without the other | 1277 |
person's consent or to any property of the offender or another | 1278 |
with purpose to defraud; | 1279 |
(5) Cause, or create a substantial risk of, physical harm to | 1280 |
any park, preserve, wildlands, brush-covered land, cut-over land, | 1281 |
forest, timberland, greenlands, woods, or similar real property | 1282 |
that is owned or controlled by another person, the state, or a | 1283 |
political subdivision without the consent of the other person, the | 1284 |
state, or the political subdivision; | 1285 |
(6) With purpose to defraud, cause, or create a substantial | 1286 |
risk of, physical harm to any park, preserve, wildlands, | 1287 |
brush-covered land, cut-over land, forest, timberland, greenlands, | 1288 |
woods, or similar real property that is owned or controlled by the | 1289 |
offender, another person, the state, or a political subdivision. | 1290 |
(B)(1) Whoever violates this section is guilty of arson. | 1291 |
(2) A violation of division (A)(1) of this section is one of | 1292 |
the following: | 1293 |
(a) Except as otherwise provided in division (B)(2)(b) of | 1294 |
this section, a misdemeanor of the first degree; | 1295 |
(b) If the value of the property or the amount of the | 1296 |
physical harm involved is | 1297 |
more, a felony of the fourth degree. | 1298 |
(3) A violation of division (A)(2), (3), (5), or (6) of this | 1299 |
section is a felony of the fourth degree. | 1300 |
(4) A violation of division (A)(4) of this section is a | 1301 |
felony of the third degree. | 1302 |
Sec. 2909.05. (A) No person shall knowingly cause serious | 1303 |
physical harm to an occupied structure or any of its contents. | 1304 |
(B)(1) No person shall knowingly cause physical harm to | 1305 |
property that is owned or possessed by another, when either of the | 1306 |
following applies: | 1307 |
(a) The property is used by its owner or possessor in the | 1308 |
owner's or possessor's profession, business, trade, or occupation, | 1309 |
and the value of the property or the amount of physical harm | 1310 |
involved is | 1311 |
(b) Regardless of the value of the property or the amount of | 1312 |
damage done, the property or its equivalent is necessary in order | 1313 |
for its owner or possessor to engage in the owner's or possessor's | 1314 |
profession, business, trade, or occupation. | 1315 |
(2) No person shall knowingly cause serious physical harm to | 1316 |
property that is owned, leased, or controlled by a governmental | 1317 |
entity. A governmental entity includes, but is not limited to, the | 1318 |
state or a political subdivision of the state, a school district, | 1319 |
the board of trustees of a public library or public university, or | 1320 |
any other body corporate and politic responsible for governmental | 1321 |
activities only in geographical areas smaller than that of the | 1322 |
state. | 1323 |
(C) No person, without privilege to do so, shall knowingly | 1324 |
cause serious physical harm to any tomb, monument, gravestone, or | 1325 |
other similar structure that is used as a memorial for the dead; | 1326 |
to any fence, railing, curb, or other property that is used to | 1327 |
protect, enclose, or ornament any cemetery; or to a cemetery. | 1328 |
(D) No person, without privilege to do so, shall knowingly | 1329 |
cause physical harm to a place of burial by breaking and entering | 1330 |
into a tomb, crypt, casket, or other structure that is used as a | 1331 |
memorial for the dead or as an enclosure for the dead. | 1332 |
(E) Whoever violates this section is guilty of vandalism. | 1333 |
Except as otherwise provided in this division, vandalism is a | 1334 |
felony of the fifth degree that is punishable by a fine of up to | 1335 |
two thousand five hundred dollars in addition to the penalties | 1336 |
specified for a felony of the fifth degree in sections 2929.11 to | 1337 |
2929.18 of the Revised Code. If the value of the property or the | 1338 |
amount of
physical harm involved is | 1339 |
hundred dollars or more but less than one hundred fifty thousand | 1340 |
dollars, vandalism is a felony of the fourth degree. If the | 1341 |
value of the property or the amount of physical harm involved is | 1342 |
one hundred fifty thousand dollars or more, vandalism is a felony | 1343 |
of the third degree. | 1344 |
(F) For purposes of this section: | 1345 |
(1) "Cemetery" means any place of burial and includes burial | 1346 |
sites that contain American Indian burial objects placed with or | 1347 |
containing American Indian human remains. | 1348 |
(2) "Serious physical harm" means physical harm to property | 1349 |
that results in loss to the value of the property of
| 1350 |
one thousand dollars or more. | 1351 |
Sec. 2909.11. (A) When a person is charged with a violation | 1352 |
of division (A)(1) of section 2909.03 of the Revised Code | 1353 |
involving property value or an amount of physical harm
of | 1354 |
1355 | |
section 2909.05 of the Revised Code involving property value or | 1356 |
an amount
of physical harm of
| 1357 |
or more, the jury or court trying the accused shall determine the | 1358 |
value of the property or amount of physical harm and, if a guilty | 1359 |
verdict is returned, shall return the finding as part of the | 1360 |
verdict. In any such case, it is unnecessary to find or return | 1361 |
the exact value or amount of physical harm, section 2945.75 of | 1362 |
the Revised Code applies, and it is sufficient if either of the | 1363 |
following applies, as appropriate, relative to the finding and | 1364 |
return of the value or amount of physical harm: | 1365 |
(1) If the finding and return relate to a violation of | 1366 |
division (A)(1) of section 2909.03 of the Revised Code and are | 1367 |
that the value or amount of the
physical harm was | 1368 |
one thousand dollars or more, the finding and return shall | 1369 |
include a
statement that the value or amount was | 1370 |
one thousand dollars or more. | 1371 |
(2) If the finding and return relate to a violation of | 1372 |
division section 2909.05 of the Revised Code and are that the | 1373 |
value or amount of the physical harm was in any of the following | 1374 |
categories, the finding and return shall include one of the | 1375 |
following statements, as appropriate: | 1376 |
(a) If the finding and return are that the value or amount | 1377 |
was one hundred fifty thousand dollars or more, a statement that | 1378 |
the value or amount was one hundred fifty thousand dollars or | 1379 |
more; | 1380 |
(b) If the finding and return are that the value or amount | 1381 |
was
| 1382 |
one hundred fifty thousand dollars a statement that the value or | 1383 |
amount was | 1384 |
less than one hundred fifty thousand dollars; | 1385 |
(c) If the finding and return are that the value or amount | 1386 |
was | 1387 |
seven thousand five hundred dollars, a statement that the value | 1388 |
or
amount was | 1389 |
less than | 1390 |
(B) The following criteria shall be used in determining the | 1391 |
value of property or amount of physical harm involved in a | 1392 |
violation of division (A)(1) of section 2909.03 or section 2909.05 | 1393 |
of the Revised Code: | 1394 |
(1) If the property is an heirloom, memento, collector's | 1395 |
item, antique, museum piece, manuscript, document, record, or | 1396 |
other thing that is either irreplaceable or is replaceable only on | 1397 |
the expenditure of substantial time, effort, or money, the value | 1398 |
of the property or the amount of physical harm involved is the | 1399 |
amount that would compensate the owner for its loss. | 1400 |
(2) If the property is not covered under division (B)(1) of | 1401 |
this section and the physical harm is such that the property can | 1402 |
be restored substantially to its former condition, the amount of | 1403 |
physical harm involved is the reasonable cost of restoring the | 1404 |
property. | 1405 |
(3) If the property is not covered under division (B)(1) of | 1406 |
this section and the physical harm is such that the property | 1407 |
cannot be restored substantially to its former condition, the | 1408 |
value of the property, in the case of personal property, is the | 1409 |
cost of replacing the property with new property of like kind and | 1410 |
quality, and, in the case of real property or real property | 1411 |
fixtures, is the difference in the fair market value of the | 1412 |
property immediately before and immediately after the offense. | 1413 |
(C) As used in this section, "fair market value" has the same | 1414 |
meaning as in section 2913.61 of the Revised Code. | 1415 |
(D) Prima-facie evidence of the value of property, as | 1416 |
provided in division (E) of section 2913.61 of the Revised Code, | 1417 |
may be used to establish the value of property pursuant to this | 1418 |
section. | 1419 |
Sec. 2913.02. (A) No person, with purpose to deprive the | 1420 |
owner of property or services, shall knowingly obtain or exert | 1421 |
control over either the property or services in any of the | 1422 |
following ways: | 1423 |
(1) Without the consent of the owner or person authorized to | 1424 |
give consent; | 1425 |
(2) Beyond the scope of the express or implied consent of the | 1426 |
owner or person authorized to give consent; | 1427 |
(3) By deception; | 1428 |
(4) By threat; | 1429 |
(5) By intimidation. | 1430 |
(B)(1) Whoever violates this section is guilty of theft. | 1431 |
(2) Except as otherwise provided in this division or division | 1432 |
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of | 1433 |
this section is petty theft, a misdemeanor of the first degree. If | 1434 |
the value of the property or
services stolen is | 1435 |
thousand dollars or more and is less than
| 1436 |
hundred dollars or if the property stolen is any of the property | 1437 |
listed in section 2913.71 of the Revised Code, a violation of this | 1438 |
section is theft, a felony of the fifth degree. If the value of | 1439 |
the property or
services stolen is | 1440 |
hundred dollars or more and is less than one hundred fifty | 1441 |
thousand dollars, a violation of this section is grand theft, a | 1442 |
felony of the fourth degree. If the value of the property or | 1443 |
services stolen is one hundred fifty thousand dollars or more and | 1444 |
is
less than | 1445 |
violation of this section is aggravated theft, a felony of the | 1446 |
third
degree.
If the
value of the property or services is | 1447 |
seven hundred fifty thousand dollars or more and is less than | 1448 |
one million five hundred thousand dollars, a violation of this | 1449 |
section is aggravated theft, a felony of the second degree. If | 1450 |
the value of the property or services stolen is one million five | 1451 |
hundred thousand dollars or more, a violation of this section is | 1452 |
aggravated theft of one million five hundred thousand dollars or | 1453 |
more, a felony of the first degree. | 1454 |
(3) Except as otherwise provided in division (B)(4), (5), | 1455 |
(6), (7), or (8) of this section, if the victim of the offense is | 1456 |
an elderly person or disabled adult, a violation of this section | 1457 |
is theft from an elderly person or disabled adult, and division | 1458 |
(B)(3) of this section applies. Except as otherwise provided in | 1459 |
this division, theft from an elderly person or disabled adult is a | 1460 |
felony of the fifth degree. If the value of the property or | 1461 |
services stolen is | 1462 |
is less than
| 1463 |
an elderly person or disabled adult is a felony of the fourth | 1464 |
degree. If the value of the
property or services stolen is | 1465 |
seven thousand five hundred dollars or more and is less than | 1466 |
1467 | |
an elderly person or disabled adult is a felony of the third | 1468 |
degree. If the value of the property or services stolen is | 1469 |
1470 | |
is less than one hundred fifty thousand dollars, theft from an | 1471 |
elderly person or disabled adult is a felony of the second degree. | 1472 |
If the value of the property or services stolen is one hundred | 1473 |
fifty thousand dollars or more, theft from an elderly person or | 1474 |
disabled adult is a felony of the first degree. | 1475 |
(4) If the property stolen is a firearm or dangerous | 1476 |
ordnance, a violation of this section is grand theft. Except as | 1477 |
otherwise provided in this division, grand theft when the property | 1478 |
stolen is a firearm or dangerous ordnance is a felony of the third | 1479 |
degree, and there is a presumption in favor of the court imposing | 1480 |
a prison term for the offense. If the firearm or dangerous | 1481 |
ordnance was stolen from a federally licensed firearms dealer, | 1482 |
grand theft when the property stolen is a firearm or dangerous | 1483 |
ordnance is a felony of the first degree. The offender shall serve | 1484 |
a prison term imposed for grand theft when the property stolen is | 1485 |
a firearm or dangerous ordnance consecutively to any other prison | 1486 |
term or mandatory prison term previously or subsequently imposed | 1487 |
upon the offender. | 1488 |
(5) If the property stolen is a motor vehicle, a violation of | 1489 |
this section is grand theft of a motor vehicle, a felony of the | 1490 |
fourth degree. | 1491 |
(6) If the property stolen is any dangerous drug, a violation | 1492 |
of this section is theft of drugs, a felony of the fourth degree, | 1493 |
or, if the offender previously has been convicted of a felony drug | 1494 |
abuse offense, a felony of the third degree. | 1495 |
(7) If the property stolen is a police dog or horse or an | 1496 |
assistance dog and the offender knows or should know that the | 1497 |
property stolen is a police dog or horse or an assistance dog, a | 1498 |
violation of this section is theft of a police dog or horse or an | 1499 |
assistance dog, a felony of the third degree. | 1500 |
(8) If the property stolen is anhydrous ammonia, a violation | 1501 |
of this section is theft of anhydrous ammonia, a felony of the | 1502 |
third degree. | 1503 |
(9) In addition to the penalties described in division (B)(2) | 1504 |
of this section, if the offender committed the violation by | 1505 |
causing a motor vehicle to leave the premises of an establishment | 1506 |
at which gasoline is offered for retail sale without the offender | 1507 |
making full payment for gasoline that was dispensed into the fuel | 1508 |
tank of the motor vehicle or into another container, the court may | 1509 |
do one of the following: | 1510 |
(a) Unless division (B)(9)(b) of this section applies, | 1511 |
suspend for not more than six months the offender's driver's | 1512 |
license, probationary driver's license, commercial driver's | 1513 |
license, temporary instruction permit, or nonresident operating | 1514 |
privilege; | 1515 |
(b) If the offender's driver's license, probationary driver's | 1516 |
license, commercial driver's license, temporary instruction | 1517 |
permit, or nonresident operating privilege has previously been | 1518 |
suspended pursuant to division (B)(9)(a) of this section, impose a | 1519 |
class seven suspension of the offender's license, permit, or | 1520 |
privilege from the range specified in division (A)(7) of section | 1521 |
4510.02 of the Revised Code, provided that the suspension shall be | 1522 |
for at least six months. | 1523 |
(10) In addition to the penalties described in division | 1524 |
(B)(2) of this section, if the offender committed the violation by | 1525 |
stealing rented property or rental services, the court may order | 1526 |
that the offender make restitution pursuant to section 2929.18 or | 1527 |
2929.28 of the Revised Code. Restitution may include, but is not | 1528 |
limited to, the cost of repairing or replacing the stolen | 1529 |
property, or the cost of repairing the stolen property and any | 1530 |
loss of revenue resulting from deprivation of the property due to | 1531 |
theft of rental services that is less than or equal to the actual | 1532 |
value of the property at the time it was rented. Evidence of | 1533 |
intent to commit theft of rented property or rental services | 1534 |
shall be determined pursuant to the provisions of section | 1535 |
2913.72 of the Revised Code. | 1536 |
(C) The sentencing court that suspends an offender's license, | 1537 |
permit, or nonresident operating privilege under division (B)(9) | 1538 |
of this section may grant the offender limited driving privileges | 1539 |
during the period of the suspension in accordance with Chapter | 1540 |
4510. of the Revised Code. | 1541 |
Sec. 2913.03. (A) No person shall knowingly use or operate | 1542 |
an aircraft, motor vehicle, motorcycle, motorboat, or other | 1543 |
motor-propelled vehicle without the consent of the owner or person | 1544 |
authorized to give consent. | 1545 |
(B) No person shall knowingly use or operate an aircraft, | 1546 |
motor vehicle, motorboat, or other motor-propelled vehicle without | 1547 |
the consent of the owner or person authorized to give consent, and | 1548 |
either remove it from this state or keep possession of it for more | 1549 |
than forty-eight hours. | 1550 |
(C) The following are affirmative defenses to a charge under | 1551 |
this section: | 1552 |
(1) At the time of the alleged offense, the actor, though | 1553 |
mistaken, reasonably believed that the actor was authorized to use | 1554 |
or operate the property. | 1555 |
(2) At the time of the alleged offense, the actor reasonably | 1556 |
believed that the owner or person empowered to give consent would | 1557 |
authorize the actor to use or operate the property. | 1558 |
(D)(1) Whoever violates this section is guilty of | 1559 |
unauthorized use of a vehicle. | 1560 |
(2) Except as otherwise provided in division (D)(4) of this | 1561 |
section, a violation of division (A) of this section is a | 1562 |
misdemeanor of the first degree. | 1563 |
(3) Except as otherwise provided in division (D)(4) of this | 1564 |
section, a violation of division (B) of this section is a felony | 1565 |
of the fifth degree. | 1566 |
(4) If the victim of the offense is an elderly person or | 1567 |
disabled adult and if the victim incurs a loss as a result of the | 1568 |
violation, a violation of division (A) or (B) of this section is | 1569 |
whichever of the following is applicable: | 1570 |
(a) Except as otherwise provided in division (D)(4)(b), (c), | 1571 |
or (d) | 1572 |
(b) If the loss to the victim is | 1573 |
dollars
or more and
is less than | 1574 |
dollars, a felony of the fourth degree; | 1575 |
(c) If the loss to the victim is | 1576 |
hundred dollars or
more
and is less than | 1577 |
thirty-seven thousand five hundred dollars, a felony of the | 1578 |
third degree; | 1579 |
(d) If the loss to the victim is | 1580 |
thousand five hundred dollars or more, a felony of the second | 1581 |
degree. | 1582 |
Sec. 2913.04. (A) No person shall knowingly use or operate | 1583 |
the property of another without the consent of the owner or person | 1584 |
authorized to give consent. | 1585 |
(B) No person, in any manner and by any means, including, but | 1586 |
not limited to, computer hacking, shall knowingly gain access to, | 1587 |
attempt to gain access to, or cause access to be gained to any | 1588 |
computer, computer system, computer network, cable service, cable | 1589 |
system, telecommunications device, telecommunications service, or | 1590 |
information service without the consent of, or beyond the scope of | 1591 |
the express or implied consent of, the owner of the computer, | 1592 |
computer system, computer network, cable service, cable system, | 1593 |
telecommunications device, telecommunications service, or | 1594 |
information service or other person authorized to give consent. | 1595 |
(C) No person shall knowingly gain access to, attempt to gain | 1596 |
access to, cause access to be granted to, or disseminate | 1597 |
information gained from access to the law enforcement automated | 1598 |
database system created pursuant to section 5503.10 of the Revised | 1599 |
Code without the consent of, or beyond the scope of the express or | 1600 |
implied consent of, the chair of the law enforcement automated | 1601 |
data system steering committee. | 1602 |
(D) The affirmative defenses contained in division (C) of | 1603 |
section 2913.03 of the Revised Code are affirmative defenses to a | 1604 |
charge under this section. | 1605 |
(E)(1) Whoever violates division (A) of this section is | 1606 |
guilty of unauthorized use of property. | 1607 |
(2) Except as otherwise provided in division (E)(3) or (4) of | 1608 |
this section, unauthorized use of property is a misdemeanor of the | 1609 |
fourth degree. | 1610 |
(3) Except as otherwise provided in division (E)(4) of this | 1611 |
section, if unauthorized use of property is committed for the | 1612 |
purpose of devising or executing a scheme to defraud or to obtain | 1613 |
property or services, unauthorized use of property is whichever of | 1614 |
the following is applicable: | 1615 |
(a) Except as otherwise provided in division (E)(3)(b), (c), | 1616 |
or (d) of this section, a misdemeanor of the first degree. | 1617 |
(b) If the value of the property or services or the loss to | 1618 |
the victim is
| 1619 |
less than
| 1620 |
the fifth degree. | 1621 |
(c) If the value of the property or services or the loss to | 1622 |
the victim is
| 1623 |
is less than one hundred fifty thousand dollars, a felony of the | 1624 |
fourth degree. | 1625 |
(d) If the value of the property or services or the loss to | 1626 |
the victim is one hundred fifty thousand dollars or more, a felony | 1627 |
of the third degree. | 1628 |
(4) If the victim of the offense is an elderly person or | 1629 |
disabled adult, unauthorized use of property is whichever of the | 1630 |
following is applicable: | 1631 |
(a) Except as otherwise provided in division (E)(4)(b), (c), | 1632 |
or (d) of this section, a felony of the fifth degree; | 1633 |
(b) If the value of the property or services or loss to the | 1634 |
victim is | 1635 |
than | 1636 |
fourth degree; | 1637 |
(c) If the value of the property or services or loss to the | 1638 |
victim is | 1639 |
less than
| 1640 |
a felony of the third degree; | 1641 |
(d) If the value of the property or services or loss to the | 1642 |
victim is | 1643 |
or more, a felony of the second degree. | 1644 |
(F)(1) Whoever violates division (B) of this section is | 1645 |
guilty of unauthorized use of computer, cable, or | 1646 |
telecommunication property, and shall be punished as provided in | 1647 |
division (F)(2), (3), or (4) of this section. | 1648 |
(2) Except as otherwise provided in division (F)(3) or (4) of | 1649 |
this section, unauthorized use of computer, cable, or | 1650 |
telecommunication property is a felony of the fifth degree. | 1651 |
(3) Except as otherwise provided in division (F)(4) of this | 1652 |
section, if unauthorized use of computer, cable, or | 1653 |
telecommunication property is committed for the purpose of | 1654 |
devising or executing a scheme to defraud or to obtain property or | 1655 |
services, for obtaining money, property, or services by false or | 1656 |
fraudulent pretenses, or for committing any other criminal | 1657 |
offense, unauthorized use of computer, cable, or telecommunication | 1658 |
property is whichever of the following is applicable: | 1659 |
(a) Except as otherwise provided in division (F)(3)(b) of | 1660 |
this section, if the value of the property or services involved or | 1661 |
the loss to the victim is | 1662 |
or more and less than one hundred fifty thousand dollars, a | 1663 |
felony of the fourth degree; | 1664 |
(b) If the value of the property or services involved or the | 1665 |
loss to the victim is one hundred fifty thousand dollars or more, | 1666 |
a felony of the third degree. | 1667 |
(4) If the victim of the offense is an elderly person or | 1668 |
disabled adult, unauthorized use of computer, cable, or | 1669 |
telecommunication property is whichever of the following is | 1670 |
applicable: | 1671 |
(a) Except as otherwise provided in division (F)(4)(b), (c), | 1672 |
or (d) of this section, a felony of the fifth degree; | 1673 |
(b) If the value of the property or services or loss to the | 1674 |
victim is | 1675 |
than | 1676 |
fourth degree; | 1677 |
(c) If the value of the property or services or loss to the | 1678 |
victim is | 1679 |
less than
| 1680 |
dollars, a felony of the third degree; | 1681 |
(d) If the value of the property or services or loss to the | 1682 |
victim is | 1683 |
or more, a felony of the second degree. | 1684 |
(G) Whoever violates division (C) of this section is guilty | 1685 |
of unauthorized use of the law enforcement automated database | 1686 |
system, a felony of the fifth degree. | 1687 |
(H) As used in this section: | 1688 |
(1) "Cable operator" means any person or group of persons | 1689 |
that does either of the following: | 1690 |
(a) Provides cable service over a cable system and directly | 1691 |
or through one or more affiliates owns a significant interest in | 1692 |
that cable system; | 1693 |
(b) Otherwise controls or is responsible for, through any | 1694 |
arrangement, the management and operation of a cable system. | 1695 |
(2) "Cable service" means any of the following: | 1696 |
(a) The one-way transmission to subscribers of video | 1697 |
programming or of information that a cable operator makes | 1698 |
available to all subscribers generally; | 1699 |
(b) Subscriber interaction, if any, that is required for the | 1700 |
selection or use of video programming or of information that a | 1701 |
cable operator makes available to all subscribers generally, both | 1702 |
as described in division (H)(2)(a) of this section; | 1703 |
(c) Any cable television service. | 1704 |
(3) "Cable system" means any facility, consisting of a set of | 1705 |
closed transmission paths and associated signal generation, | 1706 |
reception, and control equipment that is designed to provide cable | 1707 |
service that includes video programming and that is provided to | 1708 |
multiple subscribers within a community. "Cable system" does not | 1709 |
include any of the following: | 1710 |
(a) Any facility that serves only to retransmit the | 1711 |
television signals of one or more television broadcast stations; | 1712 |
(b) Any facility that serves subscribers without using any | 1713 |
public right-of-way; | 1714 |
(c) Any facility of a common carrier that, under 47 U.S.C.A. | 1715 |
522(7)(c), is excluded from the term "cable system" as defined in | 1716 |
47 U.S.C.A. 522(7); | 1717 |
(d) Any open video system that complies with 47 U.S.C.A. 573; | 1718 |
(e) Any facility of any electric utility used solely for | 1719 |
operating its electric utility system. | 1720 |
Sec. 2913.11. (A) As used in this section: | 1721 |
(1) "Check" includes any form of debit from a demand deposit | 1722 |
account, including, but not limited to any of the following: | 1723 |
(a) A check, bill of exchange, draft, order of withdrawal, or | 1724 |
similar negotiable or non-negotiable instrument; | 1725 |
(b) An electronic check, electronic transaction, debit card | 1726 |
transaction, check card transaction, substitute check, web check, | 1727 |
or any form of automated clearing house transaction. | 1728 |
(2) "Issue a check" means causing any form of debit from a | 1729 |
demand deposit account. | 1730 |
(B) No person, with purpose to defraud, shall issue or | 1731 |
transfer or cause to be issued or transferred a check or other | 1732 |
negotiable instrument, knowing that it will be dishonored or | 1733 |
knowing that a person has ordered or will order stop payment on | 1734 |
the check or other negotiable instrument. | 1735 |
(C) For purposes of this section, a person who issues or | 1736 |
transfers a check or other negotiable instrument is presumed to | 1737 |
know that it will be dishonored if either of the following occurs: | 1738 |
(1) The drawer had no account with the drawee at the time of | 1739 |
issue or the stated date, whichever is later; | 1740 |
(2) The check or other negotiable instrument was properly | 1741 |
refused payment for insufficient funds upon presentment within | 1742 |
thirty days after issue or the stated date, whichever is later, | 1743 |
and the liability of the drawer, indorser, or any party who may be | 1744 |
liable thereon is not discharged by payment or satisfaction within | 1745 |
ten days after receiving notice of dishonor. | 1746 |
(D) For purposes of this section, a person who issues or | 1747 |
transfers a check, bill of exchange, or other draft is presumed | 1748 |
to have the purpose to defraud if the drawer fails to comply | 1749 |
with section 1349.16 of the Revised Code by doing any of the | 1750 |
following when opening a checking account intended for personal, | 1751 |
family, or household purposes at a financial institution: | 1752 |
(1) Falsely stating that the drawer has not been issued a | 1753 |
valid driver's or commercial driver's license or identification | 1754 |
card issued under section 4507.50 of the Revised Code; | 1755 |
(2) Furnishing such license or card, or another | 1756 |
identification document that contains false information; | 1757 |
(3) Making a false statement with respect to the drawer's | 1758 |
current address or any additional relevant information reasonably | 1759 |
required by the financial institution. | 1760 |
(E) In determining the value of the payment for purposes of | 1761 |
division (F) of this section, the court may aggregate all checks | 1762 |
and other negotiable instruments that the offender issued or | 1763 |
transferred or caused to be issued or transferred in violation of | 1764 |
division (A) of this section within a period of one hundred eighty | 1765 |
consecutive days. | 1766 |
(F) Whoever violates this section is guilty of passing bad | 1767 |
checks. Except as otherwise provided in this division, passing bad | 1768 |
checks is a misdemeanor of the first degree. If the check or | 1769 |
checks or other negotiable instrument or instruments are issued or | 1770 |
transferred to a single vendor or single other person for the | 1771 |
payment of | 1772 |
1773 | |
checks or other negotiable instrument or instruments are issued | 1774 |
or transferred to multiple vendors or persons for the payment | 1775 |
of one thousand five
hundred
dollars or more
but less than | 1776 |
seven thousand five hundred dollars, passing bad checks is a | 1777 |
felony of the fifth degree. If the check or checks or other | 1778 |
negotiable instrument or instruments are for
the payment of
| 1779 |
seven thousand five hundred dollars or more but less than one | 1780 |
hundred fifty thousand dollars, passing bad checks is a felony of | 1781 |
the fourth degree. If the check or checks or other negotiable | 1782 |
instrument or instruments are for the payment of one hundred | 1783 |
fifty thousand dollars or more, passing bad checks is a felony of | 1784 |
the third degree. | 1785 |
Sec. 2913.21. (A) No person shall do any of the following: | 1786 |
(1) Practice deception for the purpose of procuring the | 1787 |
issuance of a credit card, when a credit card is issued in actual | 1788 |
reliance thereon; | 1789 |
(2) Knowingly buy or sell a credit card from or to a person | 1790 |
other than the issuer. | 1791 |
(B) No person, with purpose to defraud, shall do any of the | 1792 |
following: | 1793 |
(1) Obtain control over a credit card as security for a debt; | 1794 |
(2) Obtain property or services by the use of a credit card, | 1795 |
in one or more transactions, knowing or having reasonable cause to | 1796 |
believe that the card has expired or been revoked, or was | 1797 |
obtained, is retained, or is being used in violation of law; | 1798 |
(3) Furnish property or services upon presentation of a | 1799 |
credit card, knowing that the card is being used in violation of | 1800 |
law; | 1801 |
(4) Represent or cause to be represented to the issuer of a | 1802 |
credit card that property or services have been furnished, knowing | 1803 |
that the representation is false. | 1804 |
(C) No person, with purpose to violate this section, shall | 1805 |
receive, possess, control, or dispose of a credit card. | 1806 |
(D)(1) Whoever violates this section is guilty of misuse of | 1807 |
credit cards. | 1808 |
(2) Except as otherwise provided in division (D)(4) of this | 1809 |
section, a violation of division (A), (B)(1), or (C) of this | 1810 |
section is a misdemeanor of the first degree. | 1811 |
(3) Except as otherwise provided in this division or division | 1812 |
(D)(4) of this section, a violation of division (B)(2), (3), or | 1813 |
(4) of this section is a misdemeanor of the first degree. If the | 1814 |
cumulative retail value of the property and services involved in | 1815 |
one or more violations of division (B)(2), (3), or (4) of this | 1816 |
section, which violations involve one or more credit card accounts | 1817 |
and occur within a period of ninety consecutive days commencing on | 1818 |
the date
of the first violation, is | 1819 |
dollars or
more and is
less than | 1820 |
dollars, misuse of credit cards in violation of any of those | 1821 |
divisions is a felony of the fifth degree. If the cumulative | 1822 |
retail value of the property and services involved in one or | 1823 |
more violations of division (B)(2), (3), or (4) of this | 1824 |
section, which violations involve one or more credit card | 1825 |
accounts and occur within a period of ninety consecutive days | 1826 |
commencing on the date
of the first violation, is
| 1827 |
thousand five hundred dollars or more and is less than one hundred | 1828 |
fifty thousand dollars, misuse of credit cards in violation of | 1829 |
any of those divisions is a felony of the fourth degree. If the | 1830 |
cumulative retail value of the property and services involved in | 1831 |
one or more violations of division (B)(2), (3), or (4) of this | 1832 |
section, which violations involve one or more credit card accounts | 1833 |
and occur within a period of ninety consecutive days commencing on | 1834 |
the date of the first violation, is one hundred fifty thousand | 1835 |
dollars or more, misuse of credit cards in violation of any of | 1836 |
those divisions is a felony of the third degree. | 1837 |
(4) If the victim of the offense is an elderly person or | 1838 |
disabled adult, and if the offense involves a violation of | 1839 |
division (B)(1) or (2) of this section, division (D)(4) of this | 1840 |
section applies. Except as otherwise provided in division (D)(4) | 1841 |
of this section, a violation of division (B)(1) or (2) of this | 1842 |
section is a felony of the fifth degree. If the debt for which the | 1843 |
card is held as security or the cumulative retail value of the | 1844 |
property or services involved in the violation is | 1845 |
one thousand dollars
or more and is less than | 1846 |
five hundred dollars, a violation of either of those divisions | 1847 |
is a felony of the fourth degree. If the debt for which the | 1848 |
card is held as security or the cumulative retail value of the | 1849 |
property or
services
involved in
the violation is | 1850 |
thousand five hundred dollars or more and is less than | 1851 |
1852 | |
violation of either of those divisions is a felony of the | 1853 |
third degree. If the debt for which the card is held as | 1854 |
security or the cumulative retail value of the property or | 1855 |
services involved
in
the violation is
| 1856 |
thousand five hundred dollars or more, a violation of either of | 1857 |
those divisions is a felony of the second degree. | 1858 |
Sec. 2913.31. (A) No person, with purpose to defraud, or | 1859 |
knowing that the person is facilitating a fraud, shall do any of | 1860 |
the following: | 1861 |
(1) Forge any writing of another without the other person's | 1862 |
authority; | 1863 |
(2) Forge any writing so that it purports to be genuine when | 1864 |
it actually is spurious, or to be the act of another who did not | 1865 |
authorize that act, or to have been executed at a time or place or | 1866 |
with terms different from what in fact was the case, or to be a | 1867 |
copy of an original when no such original existed; | 1868 |
(3) Utter, or possess with purpose to utter, any writing that | 1869 |
the person knows to have been forged. | 1870 |
(B) No person shall knowingly do either of the following: | 1871 |
(1) Forge an identification card; | 1872 |
(2) Sell or otherwise distribute a card that purports to be | 1873 |
an identification card, knowing it to have been forged. | 1874 |
As used in this division, "identification card" means a card | 1875 |
that includes personal information or characteristics of an | 1876 |
individual, a purpose of which is to establish the identity of the | 1877 |
bearer described on the card, whether the words "identity," | 1878 |
"identification," "identification card," or other similar words | 1879 |
appear on the card. | 1880 |
(C)(1)(a) Whoever violates division (A) of this section is | 1881 |
guilty of forgery. | 1882 |
(b) Except as otherwise provided in this division or division | 1883 |
(C)(1)(c) of this section, forgery is a felony of the fifth | 1884 |
degree. If property or services are involved in the offense or | 1885 |
the victim suffers a loss, forgery is one of the following: | 1886 |
(i) If the value of the property or services or the loss to | 1887 |
the victim is
| 1888 |
is less than one hundred fifty thousand dollars, a felony of the | 1889 |
fourth degree; | 1890 |
(ii) If the value of the property or services or the loss to | 1891 |
the victim is one hundred fifty thousand dollars or more, a felony | 1892 |
of the third degree. | 1893 |
(c) If the victim of the offense is an elderly person or | 1894 |
disabled adult, division (C)(1)(c) of this section applies to the | 1895 |
forgery. Except as otherwise provided in division (C)(1)(c) of | 1896 |
this section, forgery is a felony of the fifth degree. If property | 1897 |
or services are involved in the offense or if the victim suffers a | 1898 |
loss, forgery is one of the following: | 1899 |
(i) If the value of the property or services or the loss to | 1900 |
the victim is | 1901 |
less
than | 1902 |
the fourth degree; | 1903 |
(ii) If the value of the property or services or the loss to | 1904 |
the victim is | 1905 |
is less than
| 1906 |
dollars, a felony of the third degree; | 1907 |
(iii) If the value of the property or services or the loss to | 1908 |
the victim is | 1909 |
dollars or more, a felony of the second degree. | 1910 |
(2) Whoever violates division (B) of this section is guilty | 1911 |
of forging identification cards or selling or distributing forged | 1912 |
identification cards. Except as otherwise provided in this | 1913 |
division, forging identification cards or selling or distributing | 1914 |
forged identification cards is a misdemeanor of the first degree. | 1915 |
If the offender previously has been convicted of a violation of | 1916 |
division (B) of this section, forging identification cards or | 1917 |
selling or distributing forged identification cards is a | 1918 |
misdemeanor of the first degree and, in addition, the court shall | 1919 |
impose upon the offender a fine of not less than two hundred fifty | 1920 |
dollars. | 1921 |
Sec. 2913.32. (A) No person, with purpose to defraud, or | 1922 |
knowing that the person is facilitating a fraud, shall do any of | 1923 |
the following: | 1924 |
(1) Make or alter any object so that it appears to have value | 1925 |
because of antiquity, rarity, curiosity, source, or authorship, | 1926 |
which it does not in fact possess; | 1927 |
(2) Practice deception in making, retouching, editing, or | 1928 |
reproducing any photograph, movie film, video tape, phonograph | 1929 |
record, or recording tape; | 1930 |
(3) Falsely or fraudulently make, simulate, forge, alter, or | 1931 |
counterfeit any wrapper, label, stamp, cork, or cap prescribed by | 1932 |
the liquor control commission under Chapters 4301. and 4303. of | 1933 |
the Revised Code, falsely or fraudulently cause to be made, | 1934 |
simulated, forged, altered, or counterfeited any wrapper, label, | 1935 |
stamp, cork, or cap prescribed by the liquor control commission | 1936 |
under Chapters 4301. and 4303. of the Revised Code, or use more | 1937 |
than once any wrapper, label, stamp, cork, or cap prescribed by | 1938 |
the liquor control commission under Chapters 4301. and 4303. of | 1939 |
the Revised Code. | 1940 |
(4) Utter, or possess with purpose to utter, any object that | 1941 |
the person knows to have been simulated as provided in division | 1942 |
(A)(1), (2), or (3) of this section. | 1943 |
(B) Whoever violates this section is guilty of criminal | 1944 |
simulation. Except as otherwise provided in this division, | 1945 |
criminal simulation is a misdemeanor of the first degree. If the | 1946 |
loss to the
victim is | 1947 |
and is
less than | 1948 |
criminal simulation is a felony of the fifth degree. If the | 1949 |
loss to the
victim
is | 1950 |
or more and is less than one hundred fifty thousand dollars, | 1951 |
criminal simulation is a felony of the fourth degree. If the | 1952 |
loss to the victim is one hundred fifty thousand dollars or more, | 1953 |
criminal simulation is a felony of the third degree. | 1954 |
Sec. 2913.34. (A) No person shall knowingly do any of the | 1955 |
following: | 1956 |
(1) Attach, affix, or otherwise use a counterfeit mark in | 1957 |
connection with the manufacture of goods or services, whether or | 1958 |
not the goods or services are intended for sale or resale; | 1959 |
(2) Possess, sell, or offer for sale tools, machines, | 1960 |
instruments, materials, articles, or other items of personal | 1961 |
property with the knowledge that they are designed for the | 1962 |
production or reproduction of counterfeit marks; | 1963 |
(3) Purchase or otherwise acquire goods, and keep or | 1964 |
otherwise have the goods in the person's possession, with the | 1965 |
knowledge that a counterfeit mark is attached to, affixed to, or | 1966 |
otherwise used in connection with the goods and with the intent to | 1967 |
sell or otherwise dispose of the goods; | 1968 |
(4) Sell, offer for sale, or otherwise dispose of goods with | 1969 |
the knowledge that a counterfeit mark is attached to, affixed to, | 1970 |
or otherwise used in connection with the goods; | 1971 |
(5) Sell, offer for sale, or otherwise provide services with | 1972 |
the knowledge that a counterfeit mark is used in connection with | 1973 |
that sale, offer for sale, or other provision of the services. | 1974 |
(B)(1) Whoever violates this section is guilty of trademark | 1975 |
counterfeiting. | 1976 |
(2) Except as otherwise provided in this division, a | 1977 |
violation of division (A)(1) of this section is a felony of the | 1978 |
fifth degree. Except as otherwise provided in this division, if | 1979 |
the cumulative sales price of the goods or services to which or in | 1980 |
connection with which the counterfeit mark is attached, affixed, | 1981 |
or otherwise used in the offense is five thousand dollars or more | 1982 |
but less than one hundred thousand dollars or if the number of | 1983 |
units of goods to which or in connection with which the | 1984 |
counterfeit mark is attached, affixed, or otherwise used in the | 1985 |
offense is more than one hundred units but less than one thousand | 1986 |
units, a violation of division (A)(1) of this section is a felony | 1987 |
of the fourth degree. If the cumulative sales price of the goods | 1988 |
or services to which or in connection with which the counterfeit | 1989 |
mark is attached, affixed, or otherwise used in the offense is one | 1990 |
hundred thousand dollars or more or if the number of units of | 1991 |
goods to which or in connection with which the counterfeit mark is | 1992 |
attached, affixed, or otherwise used in the offense is one | 1993 |
thousand units or more, a violation of division (A)(1) of this | 1994 |
section is a felony of the third degree. | 1995 |
(3) Except as otherwise provided in this division, a | 1996 |
violation of division (A)(2) of this section is a misdemeanor of | 1997 |
the first degree. If the circumstances of the violation indicate | 1998 |
that the tools, machines, instruments, materials, articles, or | 1999 |
other items of personal property involved in the violation were | 2000 |
intended for use in the commission of a felony, a violation of | 2001 |
division (A)(2) of this section is a felony of the fifth degree. | 2002 |
(4) Except as otherwise provided in this division, a | 2003 |
violation of division (A)(3), (4), or (5) of this section is a | 2004 |
misdemeanor of the first degree. Except as otherwise provided in | 2005 |
this division, if the cumulative sales price of the goods or | 2006 |
services to which or in connection with which the counterfeit mark | 2007 |
is attached, affixed, or
otherwise used in the offense is | 2008 |
2009 | |
thousand five hundred dollars, a violation of division (A)(3), | 2010 |
(4), or (5) of this section is a felony of the fifth degree. | 2011 |
Except as otherwise provided in this division, if the | 2012 |
cumulative sales price of the goods or services to which or in | 2013 |
connection with which the counterfeit mark is attached, affixed, | 2014 |
or otherwise used in the
offense is | 2015 |
hundred dollars or more but less than one hundred fifty thousand | 2016 |
dollars or if the number of units of goods to which or in | 2017 |
connection with which the counterfeit mark is attached, affixed, | 2018 |
or otherwise used in the offense is more than one hundred units | 2019 |
but less than one thousand units, a violation of division | 2020 |
(A)(3), (4), or (5) of this section is a felony of the fourth | 2021 |
degree. If the cumulative sales price of the goods or services | 2022 |
to which or in connection with which the counterfeit mark is | 2023 |
attached, affixed, or otherwise used in the offense is one | 2024 |
hundred fifty thousand dollars or more or if the number of units | 2025 |
of goods to which or in connection with which the counterfeit | 2026 |
mark is attached, affixed, or otherwise used in the offense is | 2027 |
one thousand units or more, a violation of division (A)(3), | 2028 |
(4), or (5) of this section is a felony of the third degree. | 2029 |
(C) A defendant may assert as an affirmative defense to a | 2030 |
charge of a violation of this section defenses, affirmative | 2031 |
defenses, and limitations on remedies that would be available in a | 2032 |
civil, criminal, or administrative action or proceeding under the | 2033 |
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as | 2034 |
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat. | 2035 |
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section | 2036 |
of the Revised Code, or common law. | 2037 |
(D)(1) Law enforcement officers may seize pursuant to | 2038 |
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code | 2039 |
either of the following: | 2040 |
(a) Goods to which or in connection with which a person | 2041 |
attached, affixed, otherwise used, or intended to attach, affix, | 2042 |
or otherwise use a counterfeit mark in violation of this section; | 2043 |
(b) Tools, machines, instruments, materials, articles, | 2044 |
vehicles, or other items of personal property that are possessed, | 2045 |
sold, offered for sale, or used in a violation of this section or | 2046 |
in an attempt to commit or complicity in the commission of a | 2047 |
violation of this section. | 2048 |
(2) Notwithstanding any contrary provision of Chapter 2981. | 2049 |
of the Revised Code, if a person is convicted of or pleads guilty | 2050 |
to a violation of this section, an attempt to violate this | 2051 |
section, or complicity in a violation of this section, the court | 2052 |
involved shall declare that the goods described in division | 2053 |
(D)(1)(a) of this section and the personal property described in | 2054 |
division (D)(1)(b) of this section are contraband and are | 2055 |
forfeited. Prior to the court's entry of judgment under Criminal | 2056 |
Rule 32, the owner of a registered trademark or service mark that | 2057 |
is the subject of the counterfeit mark may recommend a manner in | 2058 |
which the forfeited goods and forfeited personal property should | 2059 |
be disposed of. If that owner makes a timely recommendation of a | 2060 |
manner of disposition, the court is not bound by the | 2061 |
recommendation. If that owner makes a timely recommendation of a | 2062 |
manner of disposition, the court may include in its entry of | 2063 |
judgment an order that requires appropriate persons to dispose of | 2064 |
the forfeited goods and forfeited personal property in the | 2065 |
recommended manner. If that owner fails to make a timely | 2066 |
recommendation of a manner of disposition or if that owner makes a | 2067 |
timely recommendation of the manner of disposition but the court | 2068 |
determines to not follow the recommendation, the court shall | 2069 |
include in its entry of judgment an order that requires the law | 2070 |
enforcement agency that employs the law enforcement officer who | 2071 |
seized the forfeited goods or the forfeited personal property to | 2072 |
destroy them or cause their destruction. | 2073 |
(E) This section does not affect the rights of an owner of a | 2074 |
trademark or a service mark, or the enforcement in a civil action | 2075 |
or in administrative proceedings of the rights of an owner of a | 2076 |
trademark or a service mark, under the "Lanham Act," 60 Stat. | 2077 |
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark | 2078 |
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as | 2079 |
amended, Chapter 1329. or another section of the Revised Code, or | 2080 |
common law. | 2081 |
(F) As used in this section: | 2082 |
(1)(a) Except as provided in division (F)(1)(b) of this | 2083 |
section, "counterfeit mark" means a spurious trademark or a | 2084 |
spurious service mark that satisfies both of the following: | 2085 |
(i) It is identical with or substantially indistinguishable | 2086 |
from a mark that is registered on the principal register in the | 2087 |
United States patent and trademark office for the same goods or | 2088 |
services as the goods or services to which or in connection with | 2089 |
which the spurious trademark or spurious service mark is attached, | 2090 |
affixed, or otherwise used or from a mark that is registered with | 2091 |
the secretary of state pursuant to sections 1329.54 to 1329.67 of | 2092 |
the Revised Code for the same goods or services as the goods or | 2093 |
services to which or in connection with which the spurious | 2094 |
trademark or spurious service mark is attached, affixed, or | 2095 |
otherwise used, and the owner of the registration uses the | 2096 |
registered mark, whether or not the offender knows that the mark | 2097 |
is registered in a manner described in division (F)(1)(a)(i) of | 2098 |
this section. | 2099 |
(ii) Its use is likely to cause confusion or mistake or to | 2100 |
deceive other persons. | 2101 |
(b) "Counterfeit mark" does not include a mark or other | 2102 |
designation that is attached to, affixed to, or otherwise used in | 2103 |
connection with goods or services if the holder of the right to | 2104 |
use the mark or other designation authorizes the manufacturer, | 2105 |
producer, or vendor of those goods or services to attach, affix, | 2106 |
or otherwise use the mark or other designation in connection with | 2107 |
those goods or services at the time of their manufacture, | 2108 |
production, or sale. | 2109 |
(2) "Cumulative sales price" means the product of the lowest | 2110 |
single unit sales price charged or sought to be charged by an | 2111 |
offender for goods to which or in connection with which a | 2112 |
counterfeit mark is attached, affixed, or otherwise used or of the | 2113 |
lowest single service transaction price charged or sought to be | 2114 |
charged by an offender for services in connection with which a | 2115 |
counterfeit mark is used, multiplied by the total number of those | 2116 |
goods or services, whether or not units of goods are sold or are | 2117 |
in an offender's possession, custody, or control. | 2118 |
(3) "Registered trademark or service mark" means a trademark | 2119 |
or service mark that is registered in a manner described in | 2120 |
division (F)(1) of this section. | 2121 |
(4) "Trademark" and "service mark" have the same meanings as | 2122 |
in section 1329.54 of the Revised Code. | 2123 |
Sec. 2913.40. (A) As used in this section: | 2124 |
(1) "Statement or representation" means any oral, written, | 2125 |
electronic, electronic impulse, or magnetic communication that is | 2126 |
used to identify an item of goods or a service for which | 2127 |
reimbursement may be made under the medical assistance program or | 2128 |
that states income and expense and is or may be used to determine | 2129 |
a rate of reimbursement under the medical assistance program. | 2130 |
(2) "Medical assistance program" means the program | 2131 |
established by the department of job and family services to | 2132 |
provide medical assistance under section 5111.01 of the Revised | 2133 |
Code and the medicaid program of Title XIX of the "Social Security | 2134 |
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 2135 |
(3) "Provider" means any person who has signed a provider | 2136 |
agreement with the department of job and family services to | 2137 |
provide goods or services pursuant to the medical assistance | 2138 |
program or any person who has signed an agreement with a party to | 2139 |
such a provider agreement under which the person agrees to provide | 2140 |
goods or services that are reimbursable under the medical | 2141 |
assistance program. | 2142 |
(4) "Provider agreement" means an oral or written agreement | 2143 |
between the department of job and family services and a person in | 2144 |
which the person agrees to provide goods or services under the | 2145 |
medical assistance program. | 2146 |
(5) "Recipient" means any individual who receives goods or | 2147 |
services from a provider under the medical assistance program. | 2148 |
(6) "Records" means any medical, professional, financial, or | 2149 |
business records relating to the treatment or care of any | 2150 |
recipient, to goods or services provided to any recipient, or to | 2151 |
rates paid for goods or services provided to any recipient and any | 2152 |
records that are required by the rules of the director of job and | 2153 |
family services to be kept for the medical assistance program. | 2154 |
(B) No person shall knowingly make or cause to be made a | 2155 |
false or misleading statement or representation for use in | 2156 |
obtaining reimbursement from the medical assistance program. | 2157 |
(C) No person, with purpose to commit fraud or knowing that | 2158 |
the person is facilitating a fraud, shall do either of the | 2159 |
following: | 2160 |
(1) Contrary to the terms of the person's provider agreement, | 2161 |
charge, solicit, accept, or receive for goods or services that the | 2162 |
person provides under the medical assistance program any property, | 2163 |
money, or other consideration in addition to the amount of | 2164 |
reimbursement under the medical assistance program and the | 2165 |
person's provider agreement for the goods or services and any | 2166 |
cost-sharing expenses authorized by section 5111.0112 of the | 2167 |
Revised Code or rules adopted pursuant to section 5111.01, | 2168 |
5111.011, or 5111.02 of the Revised Code. | 2169 |
(2) Solicit, offer, or receive any remuneration, other than | 2170 |
any cost-sharing expenses authorized by section 5111.0112 of the | 2171 |
Revised Code or rules adopted under section 5111.01, 5111.011, or | 2172 |
5111.02 of the Revised Code, in cash or in kind, including, but | 2173 |
not limited to, a kickback or rebate, in connection with the | 2174 |
furnishing of goods or services for which whole or partial | 2175 |
reimbursement is or may be made under the medical assistance | 2176 |
program. | 2177 |
(D) No person, having submitted a claim for or provided goods | 2178 |
or services under the medical assistance program, shall do either | 2179 |
of the following for a period of at least six years after a | 2180 |
reimbursement pursuant to that claim, or a reimbursement for those | 2181 |
goods or services, is received under the medical assistance | 2182 |
program: | 2183 |
(1) Knowingly alter, falsify, destroy, conceal, or remove any | 2184 |
records that are necessary to fully disclose the nature of all | 2185 |
goods or services for which the claim was submitted, or for which | 2186 |
reimbursement was received, by the person; | 2187 |
(2) Knowingly alter, falsify, destroy, conceal, or remove any | 2188 |
records that are necessary to disclose fully all income and | 2189 |
expenditures upon which rates of reimbursements were based for the | 2190 |
person. | 2191 |
(E) Whoever violates this section is guilty of medicaid | 2192 |
fraud. Except as otherwise provided in this division, medicaid | 2193 |
fraud is a misdemeanor of the first degree. If the value of | 2194 |
property, services, or funds obtained in violation of this section | 2195 |
is | 2196 |
seven thousand five hundred dollars, medicaid fraud is a felony | 2197 |
of the fifth degree. If the value of property, services, or | 2198 |
funds obtained in violation
of
this section is | 2199 |
thousand five hundred dollars or more and is less than one | 2200 |
hundred fifty thousand dollars, medicaid fraud is a felony of the | 2201 |
fourth degree. If the value of the property, services, or funds | 2202 |
obtained in violation of this section is one hundred fifty | 2203 |
thousand dollars or more, medicaid fraud is a felony of the | 2204 |
third degree. | 2205 |
(F) Upon application of the governmental agency, office, or | 2206 |
other entity that conducted the investigation and prosecution in a | 2207 |
case under this section, the court shall order any person who is | 2208 |
convicted of a violation of this section for receiving any | 2209 |
reimbursement for furnishing goods or services under the medical | 2210 |
assistance program to which the person is not entitled to pay to | 2211 |
the applicant its cost of investigating and prosecuting the case. | 2212 |
The costs of investigation and prosecution that a defendant is | 2213 |
ordered to pay pursuant to this division shall be in addition to | 2214 |
any other penalties for the receipt of that reimbursement that are | 2215 |
provided in this section, section 5111.03 of the Revised Code, or | 2216 |
any other provision of law. | 2217 |
(G) The provisions of this section are not intended to be | 2218 |
exclusive remedies and do not preclude the use of any other | 2219 |
criminal or civil remedy for any act that is in violation of this | 2220 |
section. | 2221 |
Sec. 2913.401. (A) As used in this section: | 2222 |
(1) "Medicaid benefits" means benefits under the medical | 2223 |
assistance program established under Chapter 5111. of the Revised | 2224 |
Code. | 2225 |
(2) "Property" means any real or personal property or other | 2226 |
asset in which a person has any legal title or interest. | 2227 |
(B) No person shall knowingly do any of the following in an | 2228 |
application for medicaid benefits or in a document that requires a | 2229 |
disclosure of assets for the purpose of determining eligibility to | 2230 |
receive medicaid benefits: | 2231 |
(1) Make or cause to be made a false or misleading statement; | 2232 |
(2) Conceal an interest in property; | 2233 |
(3)(a) Except as provided in division (B)(3)(b) of this | 2234 |
section, fail to disclose a transfer of property that occurred | 2235 |
during the period beginning thirty-six months before submission of | 2236 |
the application or document and ending on the date the application | 2237 |
or document was submitted; | 2238 |
(b) Fail to disclose a transfer of property that occurred | 2239 |
during the period beginning sixty months before submission of the | 2240 |
application or document and ending on the date the application or | 2241 |
document was submitted and that was made to an irrevocable trust a | 2242 |
portion of which is not distributable to the applicant for | 2243 |
medicaid benefits or the recipient of medicaid benefits or to a | 2244 |
revocable trust. | 2245 |
(C)(1) Whoever violates this section is guilty of medicaid | 2246 |
eligibility fraud. Except as otherwise provided in this division, | 2247 |
a violation of this section is a misdemeanor of the first degree. | 2248 |
If the value of the medicaid benefits paid as a result of the | 2249 |
violation is | 2250 |
than
| 2251 |
this section is a felony of the fifth degree. If the value of | 2252 |
the medicaid benefits
paid as a
result of the violation is | 2253 |
seven thousand five hundred dollars or more and is less than one | 2254 |
hundred fifty thousand dollars, a violation of this section is | 2255 |
a felony of the fourth degree. If the value of the medicaid | 2256 |
benefits paid as a result of the violation is one hundred fifty | 2257 |
thousand dollars or more, a violation of this section is a | 2258 |
felony of the third degree. | 2259 |
(2) In addition to imposing a sentence under division (C)(1) | 2260 |
of this section, the court shall order that a person who is guilty | 2261 |
of medicaid eligibility fraud make restitution in the full amount | 2262 |
of any medicaid benefits paid on behalf of an applicant for or | 2263 |
recipient of medicaid benefits for which the applicant or | 2264 |
recipient was not eligible, plus interest at the rate applicable | 2265 |
to judgments on unreimbursed amounts from the date on which the | 2266 |
benefits were paid to the date on which restitution is made. | 2267 |
(3) The remedies and penalties provided in this section are | 2268 |
not exclusive and do not preclude the use of any other criminal or | 2269 |
civil remedy for any act that is in violation of this section. | 2270 |
(D) This section does not apply to a person who fully | 2271 |
disclosed in an application for medicaid benefits or in a document | 2272 |
that requires a disclosure of assets for the purpose of | 2273 |
determining eligibility to receive medicaid benefits all of the | 2274 |
interests in property of the applicant for or recipient of | 2275 |
medicaid benefits, all transfers of property by the applicant for | 2276 |
or recipient of medicaid benefits, and the circumstances of all | 2277 |
those transfers. | 2278 |
(E) Any amounts of medicaid benefits recovered as restitution | 2279 |
under this section and any interest on those amounts shall be | 2280 |
credited to the general revenue fund, and any applicable federal | 2281 |
share shall be returned to the appropriate agency or department of | 2282 |
the United States. | 2283 |
Sec. 2913.42. (A) No person, knowing the person has no | 2284 |
privilege to do so, and with purpose to defraud or knowing that | 2285 |
the person is facilitating a fraud, shall do any of the following: | 2286 |
(1) Falsify, destroy, remove, conceal, alter, deface, or | 2287 |
mutilate any writing, computer software, data, or record; | 2288 |
(2) Utter any writing or record, knowing it to have been | 2289 |
tampered with as provided in division (A)(1) of this section. | 2290 |
(B)(1) Whoever violates this section is guilty of tampering | 2291 |
with records. | 2292 |
(2) Except as provided in division (B)(4) of this section, if | 2293 |
the offense does not involve data or computer software, tampering | 2294 |
with records is whichever of the following is applicable: | 2295 |
(a) If division (B)(2)(b) of this section does not apply, a | 2296 |
misdemeanor of the first degree; | 2297 |
(b) If the writing or record is a will unrevoked at the time | 2298 |
of the offense, a felony of the fifth degree. | 2299 |
(3) Except as provided in division (B)(4) of this section, if | 2300 |
the offense involves a violation of division (A) of this section | 2301 |
involving data or computer software, tampering with records is | 2302 |
whichever of the following is applicable: | 2303 |
(a) Except as otherwise provided in division (B)(3)(b), (c), | 2304 |
or (d) of this section, a misdemeanor of the first degree; | 2305 |
(b) If the value of the data or computer software involved in | 2306 |
the
offense
or the loss to the victim is | 2307 |
thousand
dollars or more and is less than
| 2308 |
five hundred dollars, a felony of the fifth degree; | 2309 |
(c) If the value of the data or computer software involved in | 2310 |
the
offense or the loss to the
victim is | 2311 |
hundred dollars or more and is less than one hundred fifty | 2312 |
thousand dollars, a felony of the fourth degree; | 2313 |
(d) If the value of the data or computer software involved in | 2314 |
the offense or the loss to the victim is one hundred fifty | 2315 |
thousand dollars or more or if the offense is committed for the | 2316 |
purpose of devising or executing a scheme to defraud or to obtain | 2317 |
property or services and the value of the property or services | 2318 |
or the loss
to
the victim is | 2319 |
dollars or more, a felony of the third degree. | 2320 |
(4) If the writing, data, computer software, or record is | 2321 |
kept by or belongs to a local, state, or federal governmental | 2322 |
entity, a felony of the third degree. | 2323 |
Sec. 2913.421. (A) As used in this section: | 2324 |
(1) "Computer," "computer network," and "computer system" | 2325 |
have the same meanings as in section 2913.01 of the Revised Code. | 2326 |
(2) "Commercial electronic mail message" means any electronic | 2327 |
mail message the primary purpose of which is the commercial | 2328 |
advertisement or promotion of a commercial product or service, | 2329 |
including content on an internet web site operated for a | 2330 |
commercial purpose, but does not include a transactional or | 2331 |
relationship message. The inclusion of a reference to a commercial | 2332 |
entity or a link to the web site of a commercial entity does not, | 2333 |
by itself, cause that message to be treated as a commercial | 2334 |
electronic mail message for the purpose of this section, if the | 2335 |
contents or circumstances of the message indicate a primary | 2336 |
purpose other than commercial advertisement or promotion of a | 2337 |
commercial product or service. | 2338 |
(3) "Domain name" means any alphanumeric designation that is | 2339 |
registered with or assigned by any domain name registrar, domain | 2340 |
name registry, or other domain name registration authority as part | 2341 |
of an electronic address on the internet. | 2342 |
(4) "Electronic mail," "originating address," and "receiving | 2343 |
address" have the same meanings as in section 2307.64 of the | 2344 |
Revised Code. | 2345 |
(5) "Electronic mail message" means each electronic mail | 2346 |
addressed to a discrete addressee. | 2347 |
(6) "Electronic mail service provider" means any person, | 2348 |
including an internet service provider, that is an intermediary in | 2349 |
sending and receiving electronic mail and that provides to the | 2350 |
public electronic mail accounts or online user accounts from which | 2351 |
electronic mail may be sent. | 2352 |
(7) "Header information" means the source, destination, and | 2353 |
routing information attached to an electronic mail message, | 2354 |
including the originating domain name, the originating address, | 2355 |
and technical information that authenticates the sender of an | 2356 |
electronic mail message for computer network security or computer | 2357 |
network management purposes. | 2358 |
(8) "Initiate the transmission" or "initiated" means to | 2359 |
originate or transmit a commercial electronic mail message or to | 2360 |
procure the origination or transmission of that message, | 2361 |
regardless of whether the message reaches its intended recipients, | 2362 |
but does not include actions that constitute routine conveyance of | 2363 |
such message. | 2364 |
(9) "Internet" has the same meaning as in section 341.42 of | 2365 |
the Revised Code. | 2366 |
(10) "Internet protocol address" means the string of numbers | 2367 |
by which locations on the internet are identified by routers or | 2368 |
other computers connected to the internet. | 2369 |
(11) "Materially falsify" means to alter or conceal in a | 2370 |
manner that would impair the ability of a recipient of an | 2371 |
electronic mail message, an electronic mail service provider | 2372 |
processing an electronic mail message on behalf of a recipient, a | 2373 |
person alleging a violation of this section, or a law enforcement | 2374 |
agency to identify, locate, or respond to the person that | 2375 |
initiated the electronic mail message or to investigate an alleged | 2376 |
violation of this section. | 2377 |
(12) "Multiple" means more than ten commercial electronic | 2378 |
mail messages during a twenty-four-hour period, more than one | 2379 |
hundred commercial electronic mail messages during a thirty-day | 2380 |
period, or more than one thousand commercial electronic mail | 2381 |
messages during a one-year period. | 2382 |
(13) "Recipient" means a person who receives a commercial | 2383 |
electronic mail message at any one of the following receiving | 2384 |
addresses: | 2385 |
(a) A receiving address furnished by an electronic mail | 2386 |
service provider that bills for furnishing and maintaining that | 2387 |
receiving address to a mailing address within this state; | 2388 |
(b) A receiving address ordinarily accessed from a computer | 2389 |
located within this state or by a person domiciled within this | 2390 |
state; | 2391 |
(c) Any other receiving address with respect to which this | 2392 |
section can be imposed consistent with the United States | 2393 |
Constitution. | 2394 |
(14) "Routine conveyance" means the transmission, routing, | 2395 |
relaying, handling, or storing, through an automated technical | 2396 |
process, of an electronic mail message for which another person | 2397 |
has identified the recipients or provided the recipient addresses. | 2398 |
(15) "Transactional or relationship message" means an | 2399 |
electronic mail message the primary purpose of which is to do any | 2400 |
of the following: | 2401 |
(a) Facilitate, complete, or confirm a commercial transaction | 2402 |
that the recipient has previously agreed to enter into with the | 2403 |
sender; | 2404 |
(b) Provide warranty information, product recall information, | 2405 |
or safety or security information with respect to a commercial | 2406 |
product or service used or purchased by the recipient; | 2407 |
(c) Provide notification concerning a change in the terms or | 2408 |
features of; a change in the recipient's standing or status with | 2409 |
respect to; or, at regular periodic intervals, account balance | 2410 |
information or other type of account statement with respect to, a | 2411 |
subscription, membership, account, loan, or comparable ongoing | 2412 |
commercial relationship involving the ongoing purchase or use by | 2413 |
the recipient of products or services offered by the sender; | 2414 |
(d) Provide information directly related to an employment | 2415 |
relationship or related benefit plan in which the recipient is | 2416 |
currently involved, participating, or enrolled; | 2417 |
(e) Deliver goods or services, including product updates or | 2418 |
upgrades, that the recipient is entitled to receive under the | 2419 |
terms of a transaction that the recipient has previously agreed to | 2420 |
enter into with the sender. | 2421 |
(B) No person, with regard to commercial electronic mail | 2422 |
messages sent from or to a computer in this state, shall do any of | 2423 |
the following: | 2424 |
(1) Knowingly use a computer to relay or retransmit multiple | 2425 |
commercial electronic mail messages, with the intent to deceive or | 2426 |
mislead recipients or any electronic mail service provider, as to | 2427 |
the origin of those messages; | 2428 |
(2) Knowingly and materially falsify header information in | 2429 |
multiple commercial electronic mail messages and purposely | 2430 |
initiate the transmission of those messages; | 2431 |
(3) Knowingly register, using information that materially | 2432 |
falsifies the identity of the actual registrant, for five or more | 2433 |
electronic mail accounts or online user accounts or two or more | 2434 |
domain names and purposely initiate the transmission of multiple | 2435 |
commercial electronic mail messages from one, or any combination, | 2436 |
of those accounts or domain names; | 2437 |
(4) Knowingly falsely represent the right to use five or more | 2438 |
internet protocol addresses, and purposely initiate the | 2439 |
transmission of multiple commercial electronic mail messages from | 2440 |
those addresses. | 2441 |
(C)(1) Whoever violates division (B) of this section is | 2442 |
guilty of illegally transmitting multiple commercial electronic | 2443 |
mail messages. Except as otherwise provided in division (C)(2) or | 2444 |
(E) of this section, illegally transmitting multiple commercial | 2445 |
electronic mail messages is a felony of the fifth degree. | 2446 |
(2) Illegally transmitting multiple commercial electronic | 2447 |
mail messages is a felony of the fourth degree if any of the | 2448 |
following apply: | 2449 |
(a) Regarding a violation of division (B)(3) of this section, | 2450 |
the offender, using information that materially falsifies the | 2451 |
identity of the actual registrant, knowingly registers for twenty | 2452 |
or more electronic mail accounts or online user accounts or ten or | 2453 |
more domain names, and purposely initiates, or conspires to | 2454 |
initiate, the transmission of multiple commercial electronic mail | 2455 |
messages from the accounts or domain names. | 2456 |
(b) Regarding any violation of division (B) of this section, | 2457 |
the volume of commercial electronic mail messages the offender | 2458 |
transmitted in committing the violation exceeds two hundred and | 2459 |
fifty during any twenty-four-hour period, two thousand five | 2460 |
hundred during any thirty-day period, or twenty-five thousand | 2461 |
during any one-year period. | 2462 |
(c) Regarding any violation of division (B) of this section, | 2463 |
during any one-year period the aggregate loss to the victim or | 2464 |
victims of the violation is | 2465 |
more, or during any one-year period the aggregate value of the | 2466 |
property or services obtained by any offender as a result of the | 2467 |
violation is
| 2468 |
(d) Regarding any violation of division (B) of this section, | 2469 |
the offender committed the violation with three or more other | 2470 |
persons with respect to whom the offender was the organizer or | 2471 |
leader of the activity that resulted in the violation. | 2472 |
(e) Regarding any violation of division (B) of this section, | 2473 |
the offender knowingly assisted in the violation through the | 2474 |
provision or selection of electronic mail addresses to which the | 2475 |
commercial electronic mail message was transmitted, if that | 2476 |
offender knew that the electronic mail addresses of the recipients | 2477 |
were obtained using an automated means from an internet web site | 2478 |
or proprietary online service operated by another person, and that | 2479 |
web site or online service included, at the time the electronic | 2480 |
mail addresses were obtained, a notice stating that the operator | 2481 |
of that web site or online service will not transfer addresses | 2482 |
maintained by that web site or online service to any other party | 2483 |
for the purposes of initiating the transmission of, or enabling | 2484 |
others to initiate the transmission of, electronic mail messages. | 2485 |
(f) Regarding any violation of division (B) of this section, | 2486 |
the offender knowingly assisted in the violation through the | 2487 |
provision or selection of electronic mail addresses of the | 2488 |
recipients obtained using an automated means that generates | 2489 |
possible electronic mail addresses by combining names, letters, or | 2490 |
numbers into numerous permutations. | 2491 |
(D)(1) No person, with regard to commercial electronic mail | 2492 |
messages sent from or to a computer in this state, shall knowingly | 2493 |
access a computer without authorization and purposely initiate the | 2494 |
transmission of multiple commercial electronic mail messages from | 2495 |
or through the computer. | 2496 |
(2) Except as otherwise provided in division (E) of this | 2497 |
section, whoever violates division (D)(1) of this section is | 2498 |
guilty of unauthorized access of a computer, a felony of the | 2499 |
fourth degree. | 2500 |
(E) Illegally transmitting multiple commercial electronic | 2501 |
mail messages and unauthorized access of a computer in violation | 2502 |
of this section are felonies of the third degree if the offender | 2503 |
previously has been convicted of a violation of this section, or a | 2504 |
violation of a law of another state or the United States regarding | 2505 |
the transmission of electronic mail messages or unauthorized | 2506 |
access to a computer, or if the offender committed the violation | 2507 |
of this section in the furtherance of a felony. | 2508 |
(F)(1) The attorney general or an electronic mail service | 2509 |
provider that is injured by a violation of this section may bring | 2510 |
a civil action in an appropriate court of common pleas of this | 2511 |
state seeking relief from any person whose conduct violated this | 2512 |
section. The civil action may be commenced at any time within one | 2513 |
year of the date after the act that is the basis of the civil | 2514 |
action. | 2515 |
(2) In a civil action brought by the attorney general | 2516 |
pursuant to division (F)(1) of this section for a violation of | 2517 |
this section, the court may award temporary, preliminary, or | 2518 |
permanent injunctive relief. The court also may impose a civil | 2519 |
penalty against the offender, as the court considers just, in an | 2520 |
amount that is the lesser of: (a) twenty-five thousand dollars for | 2521 |
each day a violation occurs, or (b) not less than two dollars but | 2522 |
not more than eight dollars for each commercial electronic mail | 2523 |
message initiated in violation of this section. | 2524 |
(3) In a civil action brought by an electronic mail service | 2525 |
provider pursuant to division (F)(1) of this section for a | 2526 |
violation of this section, the court may award temporary, | 2527 |
preliminary, or permanent injunctive relief, and also may award | 2528 |
damages in an amount equal to the greater of the following: | 2529 |
(a) The sum of the actual damages incurred by the electronic | 2530 |
mail service provider as a result of a violation of this section, | 2531 |
plus any receipts of the offender that are attributable to a | 2532 |
violation of this section and that were not taken into account in | 2533 |
computing actual damages; | 2534 |
(b) Statutory damages, as the court considers just, in an | 2535 |
amount that is the lesser of: (i) twenty-five thousand dollars for | 2536 |
each day a violation occurs, or (ii) not less than two dollars but | 2537 |
not more than eight dollars for each commercial electronic mail | 2538 |
message initiated in violation of this section. | 2539 |
(4) In assessing damages awarded under division (F)(3) of | 2540 |
this section, the court may consider whether the offender has | 2541 |
established and implemented, with due care, commercially | 2542 |
reasonable practices and procedures designed to effectively | 2543 |
prevent the violation, or the violation occurred despite | 2544 |
commercially reasonable efforts to maintain the practices and | 2545 |
procedures established. | 2546 |
(G) Any equipment, software, or other technology of a person | 2547 |
who violates this section that is used or intended to be used in | 2548 |
the commission of a violation of this section, and any real or | 2549 |
personal property that constitutes or is traceable to the gross | 2550 |
proceeds obtained from the commission of a violation of this | 2551 |
section, is contraband and is subject to seizure and forfeiture | 2552 |
pursuant to Chapter 2981. of the Revised Code. | 2553 |
(H) The attorney general may bring a civil action, pursuant | 2554 |
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat. | 2555 |
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the | 2556 |
state in a district court of the United States that has | 2557 |
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the | 2558 |
attorney general shall not bring a civil action under both this | 2559 |
division and division (F) of this section. If a federal court | 2560 |
dismisses a civil action brought under this division for reasons | 2561 |
other than upon the merits, a civil action may be brought under | 2562 |
division (F) of this section in the appropriate court of common | 2563 |
pleas of this state. | 2564 |
(I) Nothing in this section shall be construed: | 2565 |
(1) To require an electronic mail service provider to block, | 2566 |
transmit, route, relay, handle, or store certain types of | 2567 |
electronic mail messages; | 2568 |
(2) To prevent or limit, in any way, an electronic mail | 2569 |
service provider from adopting a policy regarding electronic mail, | 2570 |
including a policy of declining to transmit certain types of | 2571 |
electronic mail messages, or from enforcing such policy through | 2572 |
technical means, through contract, or pursuant to any remedy | 2573 |
available under any other federal, state, or local criminal or | 2574 |
civil law; | 2575 |
(3) To render lawful any policy adopted under division (I)(2) | 2576 |
of this section that is unlawful under any other law. | 2577 |
Sec. 2913.43. (A) No person, by deception, shall cause | 2578 |
another to execute any writing that disposes of or encumbers | 2579 |
property, or by which a pecuniary obligation is incurred. | 2580 |
(B)(1) Whoever violates this section is guilty of securing | 2581 |
writings by deception. | 2582 |
(2) Except as otherwise provided in this division or division | 2583 |
(B)(3) of this section, securing writings by deception is a | 2584 |
misdemeanor of the first degree. If the value of the property or | 2585 |
the obligation involved is | 2586 |
more and
less
than | 2587 |
securing writings by deception is a felony of the fifth degree. | 2588 |
If the value of the
property or the
obligation involved is | 2589 |
seven thousand five hundred dollars or more and is less than | 2590 |
one hundred fifty thousand dollars, securing writings by | 2591 |
deception is a felony of the fourth degree. If the value of the | 2592 |
property or the obligation involved is one hundred fifty | 2593 |
thousand dollars or more, securing writings by deception is a | 2594 |
felony of the third degree. | 2595 |
(3) If the victim of the offense is an elderly person or | 2596 |
disabled adult, division (B)(3) of this section applies. Except as | 2597 |
otherwise provided in division (B)(3) of this section, securing | 2598 |
writings by deception is a felony of the fifth degree. If the | 2599 |
value of the property or
obligation involved is
| 2600 |
thousand
dollars or more and is less than | 2601 |
five hundred dollars, securing writings by deception is a | 2602 |
felony of the fourth degree. If the value of the property or | 2603 |
obligation involved is
| 2604 |
or more and is less than | 2605 |
hundred dollars, securing writings by deception is a felony of | 2606 |
the third degree. If the value of the property or obligation | 2607 |
involved is
| 2608 |
dollars or more, securing writings by deception is a felony of | 2609 |
the second degree. | 2610 |
Sec. 2913.45. (A) No person, with purpose to defraud one or | 2611 |
more of the person's creditors, shall do any of the following: | 2612 |
(1) Remove, conceal, destroy, encumber, convey, or otherwise | 2613 |
deal with any of the person's property; | 2614 |
(2) Misrepresent or refuse to disclose to a fiduciary | 2615 |
appointed to administer or manage the person's affairs or estate, | 2616 |
the existence, amount, or location of any of the person's | 2617 |
property, or any other information regarding such property that | 2618 |
the person is legally required to furnish to the fiduciary. | 2619 |
(B) Whoever violates this section is guilty of defrauding | 2620 |
creditors. Except as otherwise provided in this division, | 2621 |
defrauding creditors is a misdemeanor of the first degree. If the | 2622 |
value of the property involved is
| 2623 |
dollars or
more and is less than | 2624 |
dollars, defrauding creditors is a felony of the fifth degree. | 2625 |
If the
value of the
property
involved is | 2626 |
five hundred dollars or more and is less than one hundred fifty | 2627 |
thousand dollars, defrauding creditors is a felony of the | 2628 |
fourth degree. If the value of the property involved is one | 2629 |
hundred fifty thousand dollars or more, defrauding creditors is | 2630 |
a felony of the third degree. | 2631 |
Sec. 2913.46. (A)(1) As used in this section: | 2632 |
(a) "Electronically transferred benefit" means the transfer | 2633 |
of food stamp program benefits or WIC program benefits through the | 2634 |
use of an access device. | 2635 |
(b) "WIC program benefits" includes money, coupons, delivery | 2636 |
verification receipts, other documents, food, or other property | 2637 |
received directly or indirectly pursuant to section 17 of the | 2638 |
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as | 2639 |
amended. | 2640 |
(c) "Access device" means any card, plate, code, account | 2641 |
number, or other means of access that can be used, alone or in | 2642 |
conjunction with another access device, to obtain payments, | 2643 |
allotments, benefits, money, goods, or other things of value or | 2644 |
that can be used to initiate a transfer of funds pursuant to | 2645 |
section 5101.33 of the Revised Code and the "Food Stamp Act of | 2646 |
1977," 91 Stat. 958, 7 U.S.C.A. 2011 et seq., or any supplemental | 2647 |
food program administered by any department of this state or any | 2648 |
county or local agency pursuant to section 17 of the "Child | 2649 |
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as | 2650 |
amended. An "access device" may include any electronic debit card | 2651 |
or other means authorized by section 5101.33 of the Revised Code. | 2652 |
| 2653 |
program benefits, and electronically transferred benefits involved | 2654 |
in the violation" means the total face value of any food stamps, | 2655 |
plus the total face value of WIC program coupons or delivery | 2656 |
verification receipts, plus the total value of other WIC program | 2657 |
benefits, plus the total value of any electronically transferred | 2658 |
benefit or other access device, involved in the violation. | 2659 |
| 2660 |
or other access device" means the total value of the payments, | 2661 |
allotments, benefits, money, goods, or other things of value that | 2662 |
may be obtained, or the total value of funds that may be | 2663 |
transferred, by use of any electronically transferred benefit or | 2664 |
other access device at the time of violation. | 2665 |
(2) If food stamp coupons, WIC program benefits, or | 2666 |
electronically transferred benefits or other access devices of | 2667 |
various values are used, transferred, bought, acquired, altered, | 2668 |
purchased, possessed, presented for redemption, or transported in | 2669 |
violation of this section over a period of twelve months, the | 2670 |
course of conduct may be charged as one offense and the values of | 2671 |
food stamp coupons, WIC program benefits, or any electronically | 2672 |
transferred benefits or other access devices may be aggregated in | 2673 |
determining the degree of the offense. | 2674 |
(B) No individual shall knowingly possess, buy, sell, use, | 2675 |
alter, accept, or transfer food stamp coupons, WIC program | 2676 |
benefits, or any electronically transferred benefit in any manner | 2677 |
not authorized by the "Food Stamp Act of 1977," 91 Stat. 958, 7 | 2678 |
U.S.C.A. 2011, as amended, or section 17 of the "Child Nutrition | 2679 |
Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. | 2680 |
(C) No organization, as defined in division (D) of section | 2681 |
2901.23 of the Revised Code, shall do either of the following: | 2682 |
(1) Knowingly allow an employee or agent to sell, transfer, | 2683 |
or trade items or services, the purchase of which is prohibited by | 2684 |
the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as | 2685 |
amended, or section 17 of the "Child Nutrition Act of 1966," 80 | 2686 |
Stat. 885, 42 U.S.C.A. 1786, as amended, in exchange for food | 2687 |
stamp coupons, WIC program benefits, or any electronically | 2688 |
transferred benefit; | 2689 |
(2) Negligently allow an employee or agent to sell, transfer, | 2690 |
or exchange food stamp coupons, WIC program benefits, or any | 2691 |
electronically transferred benefit for anything of value. | 2692 |
(D) Whoever violates this section is guilty of illegal use of | 2693 |
food stamps or WIC program benefits. Except as otherwise provided | 2694 |
in this division, illegal use of food stamps or WIC program | 2695 |
benefits is a felony of the fifth degree. If the aggregate value | 2696 |
of the food stamp coupons, WIC program benefits, and | 2697 |
electronically transferred benefits involved in the violation is | 2698 |
2699 | |
seven thousand five hundred dollars, illegal use of food stamps or | 2700 |
WIC program benefits is a felony of the fourth degree. If the | 2701 |
aggregate value of the food stamp coupons, WIC program benefits, | 2702 |
and electronically transferred benefits involved in the violation | 2703 |
is
| 2704 |
than one hundred fifty thousand dollars, illegal use of food | 2705 |
stamps or WIC program benefits is a felony of the third degree. | 2706 |
If the aggregate value of the food stamp coupons, WIC program | 2707 |
benefits, and electronically transferred benefits involved in the | 2708 |
violation is one hundred fifty thousand dollars or more, illegal | 2709 |
use of food stamps or WIC program benefits is a felony of the | 2710 |
second degree. | 2711 |
Sec. 2913.47. (A) As used in this section: | 2712 |
(1) "Data" has the same meaning as in section 2913.01 of the | 2713 |
Revised Code and additionally includes any other representation of | 2714 |
information, knowledge, facts, concepts, or instructions that are | 2715 |
being or have been prepared in a formalized manner. | 2716 |
(2) "Deceptive" means that a statement, in whole or in part, | 2717 |
would cause another to be deceived because it contains a | 2718 |
misleading representation, withholds information, prevents the | 2719 |
acquisition of information, or by any other conduct, act, or | 2720 |
omission creates, confirms, or perpetuates a false impression, | 2721 |
including, but not limited to, a false impression as to law, | 2722 |
value, state of mind, or other objective or subjective fact. | 2723 |
(3) "Insurer" means any person that is authorized to engage | 2724 |
in the business of insurance in this state under Title XXXIX of | 2725 |
the Revised Code, the Ohio fair plan underwriting association | 2726 |
created under section 3929.43 of the Revised Code, any health | 2727 |
insuring corporation, and any legal entity that is self-insured | 2728 |
and provides benefits to its employees or members. | 2729 |
(4) "Policy" means a policy, certificate, contract, or plan | 2730 |
that is issued by an insurer. | 2731 |
(5) "Statement" includes, but is not limited to, any notice, | 2732 |
letter, or memorandum; proof of loss; bill of lading; receipt for | 2733 |
payment; invoice, account, or other financial statement; estimate | 2734 |
of property damage; bill for services; diagnosis or prognosis; | 2735 |
prescription; hospital, medical, or dental chart or other record; | 2736 |
x-ray, photograph, videotape, or movie film; test result; other | 2737 |
evidence of loss, injury, or expense; computer-generated document; | 2738 |
and data in any form. | 2739 |
(B) No person, with purpose to defraud or knowing that the | 2740 |
person is facilitating a fraud, shall do either of the following: | 2741 |
(1) Present to, or cause to be presented to, an insurer any | 2742 |
written or oral statement that is part of, or in support of, an | 2743 |
application for insurance, a claim for payment pursuant to a | 2744 |
policy, or a claim for any other benefit pursuant to a policy, | 2745 |
knowing that the statement, or any part of the statement, is false | 2746 |
or deceptive; | 2747 |
(2) Assist, aid, abet, solicit, procure, or conspire with | 2748 |
another to prepare or make any written or oral statement that is | 2749 |
intended to be presented to an insurer as part of, or in support | 2750 |
of, an application for insurance, a claim for payment pursuant to | 2751 |
a policy, or a claim for any other benefit pursuant to a policy, | 2752 |
knowing that the statement, or any part of the statement, is false | 2753 |
or deceptive. | 2754 |
(C) Whoever violates this section is guilty of insurance | 2755 |
fraud. Except as otherwise provided in this division, insurance | 2756 |
fraud is a misdemeanor of the first degree. If the amount of the | 2757 |
claim that is false or deceptive is | 2758 |
dollars or
more and is less than | 2759 |
dollars, insurance fraud is a felony of the fifth degree. If the | 2760 |
amount of the claim
that is
false or deceptive is | 2761 |
thousand five hundred dollars or more and is less than one | 2762 |
hundred fifty thousand dollars, insurance fraud is a felony of | 2763 |
the fourth degree. If the amount of the claim that is false or | 2764 |
deceptive is one hundred fifty thousand dollars or more, | 2765 |
insurance fraud is a felony of the third degree. | 2766 |
(D) This section shall not be construed to abrogate, waive, | 2767 |
or modify division (A) of section 2317.02 of the Revised Code. | 2768 |
Sec. 2913.48. (A) No person, with purpose to defraud or | 2769 |
knowing that the person is facilitating a fraud, shall do any of | 2770 |
the following: | 2771 |
(1) Receive workers' compensation benefits to which the | 2772 |
person is not entitled; | 2773 |
(2) Make or present or cause to be made or presented a false | 2774 |
or misleading statement with the purpose to secure payment for | 2775 |
goods or services rendered under Chapter 4121., 4123., 4127., or | 2776 |
4131. of the Revised Code or to secure workers' compensation | 2777 |
benefits; | 2778 |
(3) Alter, falsify, destroy, conceal, or remove any record or | 2779 |
document that is necessary to fully establish the validity of any | 2780 |
claim filed with, or necessary to establish the nature and | 2781 |
validity of all goods and services for which reimbursement or | 2782 |
payment was received or is requested from, the bureau of workers' | 2783 |
compensation, or a self-insuring employer under Chapter 4121., | 2784 |
4123., 4127., or 4131. of the Revised Code; | 2785 |
(4) Enter into an agreement or conspiracy to defraud the | 2786 |
bureau or a self-insuring employer by making or presenting or | 2787 |
causing to be made or presented a false claim for workers' | 2788 |
compensation benefits; | 2789 |
(5) Make or present or cause to be made or presented a false | 2790 |
statement concerning manual codes, classification of employees, | 2791 |
payroll, paid compensation, or number of personnel, when | 2792 |
information of that nature is necessary to determine the actual | 2793 |
workers' compensation premium or assessment owed to the bureau by | 2794 |
an employer; | 2795 |
(6) Alter, forge, or create a workers' compensation | 2796 |
certificate to falsely show current or correct workers' | 2797 |
compensation coverage; | 2798 |
(7) Fail to secure or maintain workers' compensation coverage | 2799 |
as required by Chapter 4123. of the Revised Code with the intent | 2800 |
to defraud the bureau of workers' compensation. | 2801 |
(B) Whoever violates this section is guilty of workers' | 2802 |
compensation fraud. Except as otherwise provided in this division, | 2803 |
a violation of this section is a misdemeanor of the first degree. | 2804 |
If the value of premiums and assessments unpaid pursuant to | 2805 |
actions described in division (A)(5), (6), or (7) of this section, | 2806 |
or of
goods, services, property, or
money stolen is | 2807 |
one thousand
dollars or more and is less than
| 2808 |
thousand five hundred dollars, a violation of this section is a | 2809 |
felony of the fifth degree. If the value of premiums and | 2810 |
assessments unpaid pursuant to actions described in division | 2811 |
(A)(5), (6), or (7) of this section, or of goods, services, | 2812 |
property, or money stolen is | 2813 |
dollars or more and is less than one hundred fifty thousand | 2814 |
dollars, a violation of this section is a felony of the fourth | 2815 |
degree. If the value of premiums and assessments unpaid | 2816 |
pursuant to actions described in division (A)(5), (6), or (7) | 2817 |
of this section, or of goods, services, property, or money stolen | 2818 |
is one hundred fifty thousand dollars or more, a violation of | 2819 |
this section is a felony of the third degree. | 2820 |
(C) Upon application of the governmental body that conducted | 2821 |
the investigation and prosecution of a violation of this section, | 2822 |
the court shall order the person who is convicted of the violation | 2823 |
to pay the governmental body its costs of investigating and | 2824 |
prosecuting the case. These costs are in addition to any other | 2825 |
costs or penalty provided in the Revised Code or any other section | 2826 |
of law. | 2827 |
(D) The remedies and penalties provided in this section are | 2828 |
not exclusive remedies and penalties and do not preclude the use | 2829 |
of any other criminal or civil remedy or penalty for any act that | 2830 |
is in violation of this section. | 2831 |
(E) As used in this section: | 2832 |
(1) "False" means wholly or partially untrue or deceptive. | 2833 |
(2) "Goods" includes, but is not limited to, medical | 2834 |
supplies, appliances, rehabilitative equipment, and any other | 2835 |
apparatus or furnishing provided or used in the care, treatment, | 2836 |
or rehabilitation of a claimant for workers' compensation | 2837 |
benefits. | 2838 |
(3) "Services" includes, but is not limited to, any service | 2839 |
provided by any health care provider to a claimant for workers' | 2840 |
compensation benefits and any and all services provided by the | 2841 |
bureau as part of workers' compensation insurance coverage. | 2842 |
(4) "Claim" means any attempt to cause the bureau, an | 2843 |
independent third party with whom the administrator or an employer | 2844 |
contracts under section 4121.44 of the Revised Code, or a | 2845 |
self-insuring employer to make payment or reimbursement for | 2846 |
workers' compensation benefits. | 2847 |
(5) "Employment" means participating in any trade, | 2848 |
occupation, business, service, or profession for substantial | 2849 |
gainful remuneration. | 2850 |
(6) "Employer," "employee," and "self-insuring employer" have | 2851 |
the same meanings as in section 4123.01 of the Revised Code. | 2852 |
(7) "Remuneration" includes, but is not limited to, wages, | 2853 |
commissions, rebates, and any other reward or consideration. | 2854 |
(8) "Statement" includes, but is not limited to, any oral, | 2855 |
written, electronic, electronic impulse, or magnetic communication | 2856 |
notice, letter, memorandum, receipt for payment, invoice, account, | 2857 |
financial statement, or bill for services; a diagnosis, prognosis, | 2858 |
prescription, hospital, medical, or dental chart or other record; | 2859 |
and a computer generated document. | 2860 |
(9) "Records" means any medical, professional, financial, or | 2861 |
business record relating to the treatment or care of any person, | 2862 |
to goods or services provided to any person, or to rates paid for | 2863 |
goods or services provided to any person, or any record that the | 2864 |
administrator of workers' compensation requires pursuant to rule. | 2865 |
(10) "Workers' compensation benefits" means any compensation | 2866 |
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of | 2867 |
the Revised Code. | 2868 |
Sec. 2913.49. (A) As used in this section, "personal | 2869 |
identifying information" includes, but is not limited to, the | 2870 |
following: the name, address, telephone number, driver's license, | 2871 |
driver's license number, commercial driver's license, commercial | 2872 |
driver's license number, state identification card, state | 2873 |
identification card number, social security card, social security | 2874 |
number, birth certificate, place of employment, employee | 2875 |
identification number, mother's maiden name, demand deposit | 2876 |
account number, savings account number, money market account | 2877 |
number, mutual fund account number, other financial account | 2878 |
number, personal identification number, password, or credit card | 2879 |
number of a living or dead individual. | 2880 |
(B) No person, without the express or implied consent of the | 2881 |
other person, shall use, obtain, or possess any personal | 2882 |
identifying information of another person with intent to do either | 2883 |
of the following: | 2884 |
(1) Hold the person out to be the other person; | 2885 |
(2) Represent the other person's personal identifying | 2886 |
information as the person's own personal identifying information. | 2887 |
(C) No person shall create, obtain, possess, or use the | 2888 |
personal identifying information of any person with the intent to | 2889 |
aid or abet another person in violating division (B) of this | 2890 |
section. | 2891 |
(D) No person, with intent to defraud, shall permit another | 2892 |
person to use the person's own personal identifying information. | 2893 |
(E) No person who is permitted to use another person's | 2894 |
personal identifying information as described in division (D) of | 2895 |
this section shall use, obtain, or possess the other person's | 2896 |
personal identifying information with intent to defraud any person | 2897 |
by doing any act identified in division (B)(1) or (2) of this | 2898 |
section. | 2899 |
(F)(1) It is an affirmative defense to a charge under | 2900 |
division (B) of this section that the person using the personal | 2901 |
identifying information is acting in accordance with a legally | 2902 |
recognized guardianship or conservatorship or as a trustee or | 2903 |
fiduciary. | 2904 |
(2) It is an affirmative defense to a charge under division | 2905 |
(B), (C), (D), or (E) of this section that either of the following | 2906 |
applies: | 2907 |
(a) The person or entity using, obtaining, possessing, or | 2908 |
creating the personal identifying information or permitting it to | 2909 |
be used is a law enforcement agency, authorized fraud personnel, | 2910 |
or a representative of or attorney for a law enforcement agency or | 2911 |
authorized fraud personnel and is using, obtaining, possessing, or | 2912 |
creating the personal identifying information or permitting it to | 2913 |
be used, with prior consent given as specified in this division, | 2914 |
in a bona fide investigation, an information security evaluation, | 2915 |
a pretext calling evaluation, or a similar matter. The prior | 2916 |
consent required under this division shall be given by the person | 2917 |
whose personal identifying information is being used, obtained, | 2918 |
possessed, or created or is being permitted to be used or, if the | 2919 |
person whose personal identifying information is being used, | 2920 |
obtained, possessed, or created or is being permitted to be used | 2921 |
is deceased, by that deceased person's executor, or a member of | 2922 |
that deceased person's family, or that deceased person's attorney. | 2923 |
The prior consent required under this division may be given orally | 2924 |
or in writing by the person whose personal identifying information | 2925 |
is being used, obtained, possessed, or created or is being | 2926 |
permitted to be used or that person's executor, or family member, | 2927 |
or attorney. | 2928 |
(b) The personal identifying information was obtained, | 2929 |
possessed, used, created, or permitted to be used for a lawful | 2930 |
purpose, provided that division (F)(2)(b) of this section does not | 2931 |
apply if the person or entity using, obtaining, possessing, or | 2932 |
creating the personal identifying information or permitting it to | 2933 |
be used is a law enforcement agency, authorized fraud personnel, | 2934 |
or a representative of or attorney for a law enforcement agency or | 2935 |
authorized fraud personnel that is using, obtaining, possessing, | 2936 |
or creating the | 2937 |
permitting it to be used in an investigation, an information | 2938 |
security evaluation, a pretext calling evaluation, or similar | 2939 |
matter. | 2940 |
(G) It is not a defense to a charge under this section that | 2941 |
the person whose personal identifying information was obtained, | 2942 |
possessed, used, created, or permitted to be used was deceased at | 2943 |
the time of the offense. | 2944 |
(H)(1) If an offender commits a violation of division (B), | 2945 |
(D), or (E) of this section and the violation occurs as part of a | 2946 |
course of conduct involving other violations of division (B), (D), | 2947 |
or (E) of this section or violations of, attempts to violate, | 2948 |
conspiracies to violate, or complicity in violations of division | 2949 |
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21, | 2950 |
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the | 2951 |
court, in determining the degree of the offense pursuant to | 2952 |
division (I) of this section, may aggregate all credit, property, | 2953 |
or services obtained or sought to be obtained by the offender and | 2954 |
all debts or other legal obligations avoided or sought to be | 2955 |
avoided by the offender in the violations involved in that course | 2956 |
of conduct. The course of conduct may involve one victim or more | 2957 |
than one victim. | 2958 |
(2) If an offender commits a violation of division (C) of | 2959 |
this section and the violation occurs as part of a course of | 2960 |
conduct involving other violations of division (C) of this section | 2961 |
or violations of, attempts to violate, conspiracies to violate, or | 2962 |
complicity in violations of division (B), (D), or (E) of this | 2963 |
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, | 2964 |
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in | 2965 |
determining the degree of the offense pursuant to division (I) of | 2966 |
this section, may aggregate all credit, property, or services | 2967 |
obtained or sought to be obtained by the person aided or abetted | 2968 |
and all debts or other legal obligations avoided or sought to be | 2969 |
avoided by the person aided or abetted in the violations involved | 2970 |
in that course of conduct. The course of conduct may involve one | 2971 |
victim or more than one victim. | 2972 |
(I)(1) Whoever violates this section is guilty of identity | 2973 |
fraud. | 2974 |
(2) Except as otherwise provided in this division or division | 2975 |
(I)(3) of this section, identity fraud is a felony of the fifth | 2976 |
degree. If the value of the credit, property, services, debt, or | 2977 |
other legal obligation involved in the violation or course of | 2978 |
conduct is | 2979 |
than
| 2980 |
provided in division (I)(3) of this section, identity fraud is | 2981 |
a felony of the fourth degree. If the value of the credit, | 2982 |
property, services, debt, or other legal obligation involved in | 2983 |
the
violation
or course of
conduct is
| 2984 |
hundred dollars or more and is less than one hundred fifty | 2985 |
thousand dollars, except as otherwise provided in division | 2986 |
(I)(3) of this section, identity fraud is a felony of the third | 2987 |
degree. If the value of the credit, property, services, debt, or | 2988 |
other legal obligation involved in the violation or course of | 2989 |
conduct is one hundred fifty thousand dollars or more, except as | 2990 |
otherwise provided in division (I)(3) of this section, identity | 2991 |
fraud is a felony of the second degree. | 2992 |
(3) If the victim of the offense is an elderly person or | 2993 |
disabled adult, a violation of this section is identity fraud | 2994 |
against an elderly person or disabled adult. Except as otherwise | 2995 |
provided in this division, identity fraud against an elderly | 2996 |
person or disabled adult is a felony of the fifth degree. If the | 2997 |
value of the credit, property, services, debt, or other legal | 2998 |
obligation involved in the violation or course of conduct is | 2999 |
3000 | |
thousand five hundred dollars, identity fraud against an elderly | 3001 |
person or disabled adult is a felony of the third degree. If | 3002 |
the value of the credit, property, services, debt, or other | 3003 |
legal obligation involved in the violation or course of conduct | 3004 |
is | 3005 |
than one hundred fifty thousand dollars, identity fraud against | 3006 |
an elderly person or disabled adult is a felony of the second | 3007 |
degree. If the value of the credit, property, services, debt, | 3008 |
or other legal obligation involved in the violation or course | 3009 |
of conduct is one hundred fifty thousand dollars or more, | 3010 |
identity fraud against an elderly person or disabled adult is a | 3011 |
felony of the first degree. | 3012 |
Sec. 2913.51. (A) No person shall receive, retain, or | 3013 |
dispose of property of another knowing or having reasonable cause | 3014 |
to believe that the property has been obtained through commission | 3015 |
of a theft offense. | 3016 |
(B) It is not a defense to a charge of receiving stolen | 3017 |
property in violation of this section that the property was | 3018 |
obtained by means other than through the commission of a theft | 3019 |
offense if the property was explicitly represented to the accused | 3020 |
person as being obtained through the commission of a theft | 3021 |
offense. | 3022 |
(C) Whoever violates this section is guilty of receiving | 3023 |
stolen property. Except as otherwise provided in this division, | 3024 |
receiving stolen property is a misdemeanor of the first degree. If | 3025 |
the value of the property
involved is | 3026 |
dollars
or more and is less than | 3027 |
dollars, if the property involved is any of the property listed | 3028 |
in section 2913.71 of the Revised Code, receiving stolen | 3029 |
property is a felony of the fifth degree. If the property | 3030 |
involved is a motor vehicle, as defined in section 4501.01 of | 3031 |
the Revised Code, if the property involved is a dangerous drug, | 3032 |
as defined in section 4729.01 of the Revised Code, if the value | 3033 |
of the property involved
is | 3034 |
dollars or more and is less than one hundred fifty thousand | 3035 |
dollars, or if the property involved is a firearm or dangerous | 3036 |
ordnance, as defined in section 2923.11 of the Revised Code, | 3037 |
receiving stolen property is a felony of the fourth degree. If | 3038 |
the value of the property involved is one hundred fifty thousand | 3039 |
dollars or more, receiving stolen property is a felony of the | 3040 |
third degree. | 3041 |
Sec. 2913.61. (A) When a person is charged with a theft | 3042 |
offense, or with a violation of division (A)(1) of section 1716.14 | 3043 |
of the Revised Code involving a victim who is an elderly person or | 3044 |
disabled adult that involves property or services valued at | 3045 |
3046 | |
valued
at | 3047 |
than | 3048 |
services valued at one thousand five hundred dollars or more and | 3049 |
less than seven thousand five hundred dollars, property or | 3050 |
services valued at | 3051 |
more and
less than | 3052 |
dollars, property or services valued at seven thousand five | 3053 |
hundred dollars or more and less than one hundred fifty thousand | 3054 |
dollars,
property
or
services
valued at | 3055 |
thousand five hundred dollars or more and less than one | 3056 |
hundred fifty thousand dollars,
| 3057 |
thirty-seven thousand five hundred dollars or more, property or | 3058 |
services valued at one hundred fifty thousand dollars or more, | 3059 |
property or services valued at one hundred fifty thousand | 3060 |
dollars or more and less than seven hundred fifty thousand | 3061 |
dollars, property or services valued at seven hundred fifty | 3062 |
thousand dollars or more and less than one million five hundred | 3063 |
thousand dollars, or property or services valued at one million | 3064 |
five hundred thousand dollars or more, the jury or court trying | 3065 |
the accused shall determine the value of the property or | 3066 |
services as of the time of the offense and, if a guilty verdict | 3067 |
is returned, shall return the finding of value as part of the | 3068 |
verdict. In any case in which the jury or court determines that | 3069 |
the value of the property or services at the time of the offense | 3070 |
was | 3071 |
to find and return the exact value, and it is sufficient if the | 3072 |
finding and return is to the effect that the value of the | 3073 |
property or services involved was
| 3074 |
dollars or more and
less than
| 3075 |
dollars, was one thousand dollars or more and less than seven | 3076 |
thousand five
hundred dollars, was
| 3077 |
hundred dollars or more and less than
| 3078 |
thousand five hundred dollars, was seven thousand five hundred | 3079 |
dollars or more and less than thirty-seven thousand five hundred | 3080 |
dollars, was seven thousand five hundred dollars or more and less | 3081 |
than one hundred fifty thousand dollars, was | 3082 |
thirty-seven thousand five hundred dollars or more and less than | 3083 |
one
hundred fifty thousand dollars, | 3084 |
five hundred dollars or more and less than one hundred fifty | 3085 |
thousand dollars, was one hundred fifty thousand dollars or | 3086 |
more, was one hundred fifty thousand dollars or more and less | 3087 |
than seven hundred fifty thousand dollars, was seven hundred | 3088 |
fifty thousand dollars or more and less than one million five | 3089 |
hundred thousand dollars, or was one million five hundred | 3090 |
thousand dollars or more, whichever is relevant regarding the | 3091 |
offense. | 3092 |
(B) If more than one item of property or services is involved | 3093 |
in a theft offense or in a violation of division (A)(1) of section | 3094 |
1716.14 of the Revised Code involving a victim who is an elderly | 3095 |
person or disabled adult, the value of the property or services | 3096 |
involved for the purpose of determining the value as required by | 3097 |
division (A) of this section is the aggregate value of all | 3098 |
property or services involved in the offense. | 3099 |
(C)(1) When a series of offenses under section 2913.02 of the | 3100 |
Revised Code, or a series of violations of, attempts to commit a | 3101 |
violation of, conspiracies to violate, or complicity in violations | 3102 |
of division (A)(1) of section 1716.14, section 2913.02, 2913.03, | 3103 |
or 2913.04, division (B)(1) or (2) of section 2913.21, or section | 3104 |
2913.31 or 2913.43 of the Revised Code involving a victim who is | 3105 |
an elderly person or disabled adult, is committed by the offender | 3106 |
in the offender's same employment, capacity, or relationship to | 3107 |
another, all of those offenses shall be tried as a single offense. | 3108 |
The value of the property or services involved in the series of | 3109 |
offenses for the purpose of determining the value as required by | 3110 |
division (A) of this section is the aggregate value of all | 3111 |
property and services involved in all offenses in the series. | 3112 |
(2) If an offender commits a series of offenses under section | 3113 |
2913.02 of the Revised Code that involves a common course of | 3114 |
conduct to defraud multiple victims, all of the offenses may be | 3115 |
tried as a single offense. If an offender is being tried for the | 3116 |
commission of a series of violations of, attempts to commit a | 3117 |
violation of, conspiracies to violate, or complicity in violations | 3118 |
of division (A)(1) of section 1716.14, section 2913.02, 2913.03, | 3119 |
or 2913.04, division (B)(1) or (2) of section 2913.21, or section | 3120 |
2913.31 or 2913.43 of the Revised Code, whether committed against | 3121 |
one victim or more than one victim, involving a victim who is an | 3122 |
elderly person or disabled adult, pursuant to a scheme or course | 3123 |
of conduct, all of those offenses may be tried as a single | 3124 |
offense. If the offenses are tried as a single offense, the value | 3125 |
of the property or services involved for the purpose of | 3126 |
determining the value as required by division (A) of this section | 3127 |
is the aggregate value of all property and services involved in | 3128 |
all of the offenses in the course of conduct. | 3129 |
(3) When a series of two or more offenses under section | 3130 |
2921.41 of the Revised Code is committed by the offender in the | 3131 |
offender's same employment, capacity, or relationship to another, | 3132 |
all of those offenses may be tried as a single offense. If the | 3133 |
offenses are tried as a single offense, the value of the property | 3134 |
or services involved for the purpose of determining the value as | 3135 |
required by division (A) of this section is the aggregate value of | 3136 |
all property and services involved in all of the offenses in the | 3137 |
series of two or more offenses. | 3138 |
(4) In prosecuting a single offense under division (C)(1), | 3139 |
(2), or (3) of this section, it is not necessary to separately | 3140 |
allege and prove each offense in the series. Rather, it is | 3141 |
sufficient to allege and prove that the offender, within a given | 3142 |
span of time, committed one or more theft offenses or violations | 3143 |
of section 2921.41 of the Revised Code in the offender's same | 3144 |
employment, capacity, or relationship to another as described in | 3145 |
division (C)(1) or (3) of this section, or committed one or more | 3146 |
theft offenses that involve a common course of conduct to defraud | 3147 |
multiple victims or a scheme or course of conduct as described in | 3148 |
division (C)(2) of this section. | 3149 |
(D) The following criteria shall be used in determining the | 3150 |
value of property or services involved in a theft offense: | 3151 |
(1) The value of an heirloom, memento, collector's item, | 3152 |
antique, museum piece, manuscript, document, record, or other | 3153 |
thing that has intrinsic worth to its owner and that either is | 3154 |
irreplaceable or is replaceable only on the expenditure of | 3155 |
substantial time, effort, or money, is the amount that would | 3156 |
compensate the owner for its loss. | 3157 |
(2) The value of personal effects and household goods, and of | 3158 |
materials, supplies, equipment, and fixtures used in the | 3159 |
profession, business, trade, occupation, or avocation of its | 3160 |
owner, which property is not covered under division (D)(1) of this | 3161 |
section and which retains substantial utility for its purpose | 3162 |
regardless of its age or condition, is the cost of replacing the | 3163 |
property with new property of like kind and quality. | 3164 |
(3) The value of any real or personal property that is not | 3165 |
covered under division (D)(1) or (2) of this section, and the | 3166 |
value of services, is the fair market value of the property or | 3167 |
services. As used in this section, "fair market value" is the | 3168 |
money consideration that a buyer would give and a seller would | 3169 |
accept for property or services, assuming that the buyer is | 3170 |
willing to buy and the seller is willing to sell, that both are | 3171 |
fully informed as to all facts material to the transaction, and | 3172 |
that neither is under any compulsion to act. | 3173 |
(E) Without limitation on the evidence that may be used to | 3174 |
establish the value of property or services involved in a theft | 3175 |
offense: | 3176 |
(1) When the property involved is personal property held for | 3177 |
sale at wholesale or retail, the price at which the property was | 3178 |
held for sale is prima-facie evidence of its value. | 3179 |
(2) When the property involved is a security or commodity | 3180 |
traded on an exchange, the closing price or, if there is no | 3181 |
closing price, the asked price, given in the latest market | 3182 |
quotation prior to the offense is prima-facie evidence of the | 3183 |
value of the security or commodity. | 3184 |
(3) When the property involved is livestock, poultry, or raw | 3185 |
agricultural products for which a local market price is available, | 3186 |
the latest local market price prior to the offense is prima-facie | 3187 |
evidence of the value of the livestock, poultry, or products. | 3188 |
(4) When the property involved is a negotiable instrument, | 3189 |
the face value is prima-facie evidence of the value of the | 3190 |
instrument. | 3191 |
(5) When the property involved is a warehouse receipt, bill | 3192 |
of lading, pawn ticket, claim check, or other instrument entitling | 3193 |
the holder or bearer to receive property, the face value or, if | 3194 |
there is no face value, the value of the property covered by the | 3195 |
instrument less any payment necessary to receive the property is | 3196 |
prima-facie evidence of the value of the instrument. | 3197 |
(6) When the property involved is a ticket of admission, | 3198 |
ticket for transportation, coupon, token, or other instrument | 3199 |
entitling the holder or bearer to receive property or services, | 3200 |
the face value or, if there is no face value, the value of the | 3201 |
property or services that may be received by the instrument is | 3202 |
prima-facie evidence of the value of the instrument. | 3203 |
(7) When the services involved are gas, electricity, water, | 3204 |
telephone, transportation, shipping, or other services for which | 3205 |
the rate is established by law, the duly established rate is | 3206 |
prima-facie evidence of the value of the services. | 3207 |
(8) When the services involved are services for which the | 3208 |
rate is not established by law, and the offender has been notified | 3209 |
prior to the offense of the rate for the services, either in | 3210 |
writing, orally, or by posting in a manner reasonably calculated | 3211 |
to come to the attention of potential offenders, the rate | 3212 |
contained in the notice is prima-facie evidence of the value of | 3213 |
the services. | 3214 |
Sec. 2915.05. (A) No person, with purpose to defraud or | 3215 |
knowing that the person is facilitating a fraud, shall engage in | 3216 |
conduct designed to corrupt the outcome of any of the following: | 3217 |
(1) The subject of a bet; | 3218 |
(2) A contest of knowledge, skill, or endurance that is not | 3219 |
an athletic or sporting event; | 3220 |
(3) A scheme or game of chance; | 3221 |
(4) Bingo. | 3222 |
(B) No person shall knowingly do any of the following: | 3223 |
(1) Offer, give, solicit, or accept anything of value to | 3224 |
corrupt the outcome of an athletic or sporting event; | 3225 |
(2) Engage in conduct designed to corrupt the outcome of an | 3226 |
athletic or sporting event. | 3227 |
(C)(1) Whoever violates division (A) of this section is | 3228 |
guilty of cheating. Except as otherwise provided in this division, | 3229 |
cheating is a misdemeanor of the first degree. If the potential | 3230 |
gain
from
the cheating is | 3231 |
more or if the offender previously has been convicted of any | 3232 |
gambling offense or of any theft offense, as defined in section | 3233 |
2913.01 of the Revised Code, cheating is a felony of the fifth | 3234 |
degree. | 3235 |
(2) Whoever violates division (B) of this section is guilty | 3236 |
of corrupting sports. Corrupting sports is a felony of the fifth | 3237 |
degree on a first offense and a felony of the fourth degree on | 3238 |
each subsequent offense. | 3239 |
Sec. 2917.21. (A) No person shall knowingly make or cause to | 3240 |
be made a telecommunication, or knowingly permit a | 3241 |
telecommunication to be made from a telecommunications device | 3242 |
under the person's control, to another, if the caller does any of | 3243 |
the following: | 3244 |
(1) Fails to identify the caller to the recipient of the | 3245 |
telecommunication and makes the telecommunication with purpose to | 3246 |
harass or abuse any person at the premises to which the | 3247 |
telecommunication is made, whether or not actual communication | 3248 |
takes place between the caller and a recipient; | 3249 |
(2) Describes, suggests, requests, or proposes that the | 3250 |
caller, the recipient of the telecommunication, or any other | 3251 |
person engage in sexual activity, and the recipient or another | 3252 |
person at the premises to which the telecommunication is made has | 3253 |
requested, in a previous telecommunication or in the immediate | 3254 |
telecommunication, that the caller not make a telecommunication to | 3255 |
the recipient or to the premises to which the telecommunication is | 3256 |
made; | 3257 |
(3) During the telecommunication, violates section 2903.21 of | 3258 |
the Revised Code; | 3259 |
(4) Knowingly states to the recipient of the | 3260 |
telecommunication that the caller intends to cause damage to or | 3261 |
destroy public or private property, and the recipient, any member | 3262 |
of the recipient's family, or any other person who resides at the | 3263 |
premises to which the telecommunication is made owns, leases, | 3264 |
resides, or works in, will at the time of the destruction or | 3265 |
damaging be near or in, has the responsibility of protecting, or | 3266 |
insures the property that will be destroyed or damaged; | 3267 |
(5) Knowingly makes the telecommunication to the recipient of | 3268 |
the telecommunication, to another person at the premises to which | 3269 |
the telecommunication is made, or to those premises, and the | 3270 |
recipient or another person at those premises previously has told | 3271 |
the caller not to make a telecommunication to those premises or to | 3272 |
any persons at those premises. | 3273 |
(B) No person shall make or cause to be made a | 3274 |
telecommunication, or permit a telecommunication to be made from a | 3275 |
telecommunications device under the person's control, with purpose | 3276 |
to abuse, threaten, or harass another person. | 3277 |
(C)(1) Whoever violates this section is guilty of | 3278 |
telecommunications harassment. | 3279 |
(2) A violation of division (A)(1), (2), (3), or (5) or (B) | 3280 |
of this section is a misdemeanor of the first degree on a first | 3281 |
offense and a felony of the fifth degree on each subsequent | 3282 |
offense. | 3283 |
(3) Except as otherwise provided in division (C)(3) of this | 3284 |
section, a violation of division (A)(4) of this section is a | 3285 |
misdemeanor of the first degree on a first offense and a felony of | 3286 |
the fifth degree on each subsequent offense. If a violation of | 3287 |
division (A)(4)
of this section results
in economic harm of | 3288 |
3289 | |
thousand five hundred dollars, telecommunications harassment is | 3290 |
a felony of the fifth degree. If a violation of division (A)(4) | 3291 |
of this section results
in economic
harm of | 3292 |
five hundred dollars or more but less than one hundred fifty | 3293 |
thousand dollars, telecommunications harassment is a felony of | 3294 |
the fourth degree. If a violation of division (A)(4) of this | 3295 |
section results in economic harm of one hundred fifty thousand | 3296 |
dollars or more, telecommunications harassment is a felony of | 3297 |
the third degree. | 3298 |
(D) No cause of action may be asserted in any court of this | 3299 |
state against any provider of a telecommunications service or | 3300 |
information service, or against any officer, employee, or agent of | 3301 |
a telecommunication service or information service, for any | 3302 |
injury, death, or loss to person or property that allegedly arises | 3303 |
out of the provider's, officer's, employee's, or agent's provision | 3304 |
of information, facilities, or assistance in accordance with the | 3305 |
terms of a court order that is issued in relation to the | 3306 |
investigation or prosecution of an alleged violation of this | 3307 |
section or section 4931.31 of the Revised Code. A provider of a | 3308 |
telecommunications service or information service, or an officer, | 3309 |
employee, or agent of a telecommunications service or information | 3310 |
service, is immune from any civil or criminal liability for | 3311 |
injury, death, or loss to person or property that allegedly arises | 3312 |
out of the provider's, officer's, employee's, or agent's provision | 3313 |
of information, facilities, or assistance in accordance with the | 3314 |
terms of a court order that is issued in relation to the | 3315 |
investigation or prosecution of an alleged violation of this | 3316 |
section or section 4931.31 of the Revised Code. | 3317 |
(E) As used in this section: | 3318 |
(1) "Economic harm" means all direct, incidental, and | 3319 |
consequential pecuniary harm suffered by a victim as a result of | 3320 |
criminal conduct. "Economic harm" includes, but is not limited to, | 3321 |
all of the following: | 3322 |
(a) All wages, salaries, or other compensation lost as a | 3323 |
result of the criminal conduct; | 3324 |
(b) The cost of all wages, salaries, or other compensation | 3325 |
paid to employees for time those employees are prevented from | 3326 |
working as a result of the criminal conduct; | 3327 |
(c) The overhead costs incurred for the time that a business | 3328 |
is shut down as a result of the criminal conduct; | 3329 |
(d) The loss of value to tangible or intangible property that | 3330 |
was damaged as a result of the criminal conduct. | 3331 |
(2) "Caller" means the person described in division (A) of | 3332 |
this section who makes or causes to be made a telecommunication or | 3333 |
who permits a telecommunication to be made from a | 3334 |
telecommunications device under that person's control. | 3335 |
(3) "Telecommunication" and "telecommunications device" have | 3336 |
the same meanings as in section 2913.01 of the Revised Code. | 3337 |
(4) "Sexual activity" has the same meaning as in section | 3338 |
2907.01 of the Revised Code. | 3339 |
(F) Nothing in this section prohibits a person from making a | 3340 |
telecommunication to a debtor that is in compliance with the "Fair | 3341 |
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. | 3342 |
1692, as amended, or the "Telephone Consumer Protection Act," 105 | 3343 |
Stat. 2395 (1991), 47 U.S.C. 227, as amended. | 3344 |
Sec. 2917.31. (A) No person shall cause the evacuation of | 3345 |
any public place, or otherwise cause serious public inconvenience | 3346 |
or alarm, by doing any of the following: | 3347 |
(1) Initiating or circulating a report or warning of an | 3348 |
alleged or impending fire, explosion, crime, or other catastrophe, | 3349 |
knowing that such report or warning is false; | 3350 |
(2) Threatening to commit any offense of violence; | 3351 |
(3) Committing any offense, with reckless disregard of the | 3352 |
likelihood that its commission will cause serious public | 3353 |
inconvenience or alarm. | 3354 |
(B) Division (A)(1) of this section does not apply to any | 3355 |
person conducting an authorized fire or emergency drill. | 3356 |
(C)(1) Whoever violates this section is guilty of inducing | 3357 |
panic. | 3358 |
(2) Except as otherwise provided in division (C)(3), (4), | 3359 |
(5), (6), (7), or (8) of this section, inducing panic is a | 3360 |
misdemeanor of the first degree. | 3361 |
(3) Except as otherwise provided in division (C)(4), (5), | 3362 |
(6), (7), or (8) of this section, if a violation of this section | 3363 |
results in physical harm to any person, inducing panic is a felony | 3364 |
of the fourth degree. | 3365 |
(4) Except as otherwise provided in division (C)(5), (6), | 3366 |
(7), or (8) of this section, if a violation of this section | 3367 |
results in economic harm, the penalty shall be determined as | 3368 |
follows: | 3369 |
(a) If the violation results in
economic harm of | 3370 |
3371 | |
thousand five hundred dollars and if division (C)(3) of this | 3372 |
section does not apply, inducing panic is a felony of the fifth | 3373 |
degree. | 3374 |
(b) If the violation results in economic harm of | 3375 |
thousand five hundred dollars or more but less than one hundred | 3376 |
fifty thousand dollars, inducing panic is a felony of the fourth | 3377 |
degree. | 3378 |
(c) If the violation results in economic harm of one hundred | 3379 |
fifty thousand dollars or more, inducing panic is a felony of the | 3380 |
third degree. | 3381 |
(5) If the public place involved in a violation of division | 3382 |
(A)(1) of this section is a school or an institution of higher | 3383 |
education, inducing panic is a felony of the second degree. | 3384 |
(6) If the violation pertains to a purported, threatened, or | 3385 |
actual use of a weapon of mass destruction, and except as | 3386 |
otherwise provided in division (C)(5), (7), or (8) of this | 3387 |
section, inducing panic is a felony of the fourth degree. | 3388 |
(7) If the violation pertains to a purported, threatened, or | 3389 |
actual use of a weapon of mass destruction, and except as | 3390 |
otherwise provided in division (C)(5) of this section, if a | 3391 |
violation of this section results in physical harm to any person, | 3392 |
inducing panic is a felony of the third degree. | 3393 |
(8) If the violation pertains to a purported, threatened, or | 3394 |
actual use of a weapon of mass destruction, and except as | 3395 |
otherwise provided in division (C)(5) of this section, if a | 3396 |
violation of this section results in economic harm of one hundred | 3397 |
thousand dollars or more, inducing panic is a felony of the third | 3398 |
degree. | 3399 |
(D)(1) It is not a defense to a charge under this section | 3400 |
that pertains to a purported or threatened use of a weapon of mass | 3401 |
destruction that the offender did not possess or have the ability | 3402 |
to use a weapon of mass destruction or that what was represented | 3403 |
to be a weapon of mass destruction was not a weapon of mass | 3404 |
destruction. | 3405 |
(2) Any act that is a violation of this section and any other | 3406 |
section of the Revised Code may be prosecuted under this section, | 3407 |
the other section, or both sections. | 3408 |
(E) As used in this section: | 3409 |
(1) "Economic harm" means any of the following: | 3410 |
(a) All direct, incidental, and consequential pecuniary harm | 3411 |
suffered by a victim as a result of criminal conduct. "Economic | 3412 |
harm" as described in this division includes, but is not limited | 3413 |
to, all of the following: | 3414 |
(i) All wages, salaries, or other compensation lost as a | 3415 |
result of the criminal conduct; | 3416 |
(ii) The cost of all wages, salaries, or other compensation | 3417 |
paid to employees for time those employees are prevented from | 3418 |
working as a result of the criminal conduct; | 3419 |
(iii) The overhead costs incurred for the time that a | 3420 |
business is shut down as a result of the criminal conduct; | 3421 |
(iv) The loss of value to tangible or intangible property | 3422 |
that was damaged as a result of the criminal conduct. | 3423 |
(b) All costs incurred by the state or any political | 3424 |
subdivision as a result of, or in making any response to, the | 3425 |
criminal conduct that constituted the violation of this section or | 3426 |
section 2917.32 of the Revised Code, including, but not limited | 3427 |
to, all costs so incurred by any law enforcement officers, | 3428 |
firefighters, rescue personnel, or emergency medical services | 3429 |
personnel of the state or the political subdivision. | 3430 |
(2) "School" means any school operated by a board of | 3431 |
education or any school for which the state board of education | 3432 |
prescribes minimum standards under section 3301.07 of the Revised | 3433 |
Code, whether or not any instruction, extracurricular activities, | 3434 |
or training provided by the school is being conducted at the time | 3435 |
a violation of this section is committed. | 3436 |
(3) "Weapon of mass destruction" means any of the following: | 3437 |
(a) Any weapon that is designed or intended to cause death or | 3438 |
serious physical harm through the release, dissemination, or | 3439 |
impact of toxic or poisonous chemicals, or their precursors; | 3440 |
(b) Any weapon involving a disease organism or biological | 3441 |
agent; | 3442 |
(c) Any weapon that is designed to release radiation or | 3443 |
radioactivity at a level dangerous to human life; | 3444 |
(d) Any of the following, except to the extent that the item | 3445 |
or device in question is expressly excepted from the definition of | 3446 |
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and | 3447 |
regulations issued under that section: | 3448 |
(i) Any explosive, incendiary, or poison gas bomb, grenade, | 3449 |
rocket having a propellant charge of more than four ounces, | 3450 |
missile having an explosive or incendiary charge of more than | 3451 |
one-quarter ounce, mine, or similar device; | 3452 |
(ii) Any combination of parts either designed or intended for | 3453 |
use in converting any item or device into any item or device | 3454 |
described in division (E)(3)(d)(i) of this section and from which | 3455 |
an item or device described in that division may be readily | 3456 |
assembled. | 3457 |
(4) "Biological agent" has the same meaning as in section | 3458 |
2917.33 of the Revised Code. | 3459 |
(5) "Emergency medical services personnel" has the same | 3460 |
meaning as in section 2133.21 of the Revised Code. | 3461 |
(6) "Institution of higher education" means any of the | 3462 |
following: | 3463 |
(a) A state university or college as defined in division | 3464 |
(A)(1) of section 3345.12 of the Revised Code, community college, | 3465 |
state community college, university branch, or technical college; | 3466 |
(b) A private, nonprofit college, university or other | 3467 |
post-secondary institution located in this state that possesses a | 3468 |
certificate of authorization issued by the Ohio board of regents | 3469 |
pursuant to Chapter 1713. of the Revised Code; | 3470 |
(c) A post-secondary institution with a certificate of | 3471 |
registration issued by the state board of career colleges and | 3472 |
schools under Chapter 3332. of the Revised Code. | 3473 |
Sec. 2917.32. (A) No person shall do any of the following: | 3474 |
(1) Initiate or circulate a report or warning of an alleged | 3475 |
or impending fire, explosion, crime, or other catastrophe, knowing | 3476 |
that the report or warning is false and likely to cause public | 3477 |
inconvenience or alarm; | 3478 |
(2) Knowingly cause a false alarm of fire or other emergency | 3479 |
to be transmitted to or within any organization, public or | 3480 |
private, for dealing with emergencies involving a risk of physical | 3481 |
harm to persons or property; | 3482 |
(3) Report to any law enforcement agency an alleged offense | 3483 |
or other incident within its concern, knowing that such offense | 3484 |
did not occur. | 3485 |
(B) This section does not apply to any person conducting an | 3486 |
authorized fire or emergency drill. | 3487 |
(C)(1) Whoever violates this section is guilty of making | 3488 |
false alarms. | 3489 |
(2) Except as otherwise provided in division (C)(3), (4), | 3490 |
(5), or (6) of this section, making false alarms is a misdemeanor | 3491 |
of the first degree. | 3492 |
(3) Except as otherwise provided in division (C)(4) of this | 3493 |
section, if a violation of this section results in economic harm | 3494 |
of | 3495 |
seven thousand five hundred dollars, making false alarms is a | 3496 |
felony of the fifth degree. | 3497 |
(4) If a violation of this section pertains to a purported, | 3498 |
threatened, or actual use of a weapon of mass destruction, making | 3499 |
false alarms is a felony of the third degree. | 3500 |
(5) If a violation of this section results in economic harm | 3501 |
of | 3502 |
one hundred fifty thousand dollars and if division (C)(4) of this | 3503 |
section does not apply, making false alarms is a felony of the | 3504 |
fourth degree. | 3505 |
(6) If a violation of this section results in economic harm | 3506 |
of one hundred fifty thousand dollars or more, making false alarms | 3507 |
is a felony of the third degree. | 3508 |
(D)(1) It is not a defense to a charge under this section | 3509 |
that pertains to a purported or threatened use of a weapon of mass | 3510 |
destruction that the offender did not possess or have the ability | 3511 |
to use a weapon of mass destruction or that what was represented | 3512 |
to be a weapon of mass destruction was not a weapon of mass | 3513 |
destruction. | 3514 |
(2) Any act that is a violation of this section and any other | 3515 |
section of the Revised Code may be prosecuted under this section, | 3516 |
the other section, or both sections. | 3517 |
(E) As used in this section, "economic harm" and "weapon of | 3518 |
mass destruction" have the same meanings as in section 2917.31 of | 3519 |
the Revised Code. | 3520 |
Sec. 2919.21. (A) No person shall abandon, or fail to | 3521 |
provide adequate support to: | 3522 |
(1) The person's spouse, as required by law; | 3523 |
(2) The person's child who is under age eighteen, or mentally | 3524 |
or physically handicapped child who is under age twenty-one; | 3525 |
(3) The person's aged or infirm parent or adoptive parent, | 3526 |
who from lack of ability and means is unable to provide adequately | 3527 |
for the parent's own support. | 3528 |
(B) No person shall abandon, or fail to provide support as | 3529 |
established by a court order to, another person whom, by court | 3530 |
order or decree, the person is legally obligated to support. | 3531 |
(C) No person shall aid, abet, induce, cause, encourage, or | 3532 |
contribute to a child or a ward of the juvenile court becoming a | 3533 |
dependent child, as defined in section 2151.04 of the Revised | 3534 |
Code, or a neglected child, as defined in section 2151.03 of the | 3535 |
Revised Code. | 3536 |
(D) It is an affirmative defense to a charge of failure to | 3537 |
provide adequate support under division (A) of this section or a | 3538 |
charge of failure to provide support established by a court order | 3539 |
under division (B) of this section that the accused was unable to | 3540 |
provide adequate support or the established support but did | 3541 |
provide the support that was within the accused's ability and | 3542 |
means. | 3543 |
(E) It is an affirmative defense to a charge under division | 3544 |
(A)(3) of this section that the parent abandoned the accused or | 3545 |
failed to support the accused as required by law, while the | 3546 |
accused was under age eighteen, or was mentally or physically | 3547 |
handicapped and under age twenty-one. | 3548 |
(F) It is not a defense to a charge under division (B) of | 3549 |
this section that the person whom a court has ordered the accused | 3550 |
to support is being adequately supported by someone other than the | 3551 |
accused. | 3552 |
(G)(1) Except as otherwise provided in this division, whoever | 3553 |
violates division (A) or (B) of this section is guilty of | 3554 |
nonsupport of dependents, a misdemeanor of the first degree. If | 3555 |
the offender previously has been convicted of or pleaded guilty to | 3556 |
a violation of division (A)(2) or (B) of this section or if the | 3557 |
offender has failed to provide support under division (A)(2) or | 3558 |
(B) of this section for a total accumulated period of twenty-six | 3559 |
weeks out of one hundred four consecutive weeks, whether or not | 3560 |
the twenty-six weeks were consecutive, then a violation of | 3561 |
division (A)(2) or (B) of this section is a felony of the fifth | 3562 |
degree. If the offender previously has been convicted of or | 3563 |
pleaded guilty to a felony violation of this section, a violation | 3564 |
of division (A)(2) or (B) of this section is a felony of the | 3565 |
fourth
degree. | 3566 |
If the violation of division (A) or (B) of this section is a | 3567 |
felony, all of the following apply to the sentencing of the | 3568 |
offender: | 3569 |
(a) Except as otherwise provided in division (G)(1)(b) of | 3570 |
this section, the court in imposing sentence on the offender shall | 3571 |
first consider placing the offender on one or more community | 3572 |
control sanctions under section 2929.16, 2929.17, or 2929.18 of | 3573 |
the Revised Code, with an emphasis under the sanctions on | 3574 |
intervention for nonsupport, obtaining or maintaining employment, | 3575 |
or another related condition. | 3576 |
(b) The preference for placement on community control | 3577 |
sanctions described in division (G)(1)(a) of this section does not | 3578 |
apply to any offender to whom one or more of the following | 3579 |
applies: | 3580 |
(i) The court determines that the imposition of a prison term | 3581 |
on the offender is consistent with the purposes and principles of | 3582 |
sentencing set forth in section 2929.11 of the Revised Code. | 3583 |
(ii) The offender previously was convicted of or pleaded | 3584 |
guilty to a violation of this section that was a felony, the | 3585 |
conviction or guilty plea occurred on or after the effective date | 3586 |
of this amendment, and the offender was sentenced to a prison term | 3587 |
for that violation. | 3588 |
(iii) The offender previously was convicted of or pleaded | 3589 |
guilty to a violation of this section that was a felony, the | 3590 |
conviction or guilty plea occurred on or after the effective date | 3591 |
of this amendment, the offender was sentenced to one or more | 3592 |
community control sanctions of a type described in division | 3593 |
(G)(1)(a) of this section for that violation, and the offender | 3594 |
failed to comply with the conditions of any of those community | 3595 |
control sanctions. | 3596 |
(2) If the offender is guilty of nonsupport of dependents by | 3597 |
reason of failing to provide support to the offender's child as | 3598 |
required by a child support order issued on or after April 15, | 3599 |
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33, | 3600 |
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the | 3601 |
Revised Code, the court, in addition to any other sentence | 3602 |
imposed, shall assess all court costs arising out of the charge | 3603 |
against the person and require the person to pay any reasonable | 3604 |
attorney's fees of any adverse party other than the state, as | 3605 |
determined by the court, that arose in relation to the charge. | 3606 |
| 3607 |
guilty of contributing to the nonsupport of dependents, a | 3608 |
misdemeanor of the first degree. Each day of violation of division | 3609 |
(C) of this section is a separate offense. | 3610 |
Sec. 2921.13. (A) No person shall knowingly make a false | 3611 |
statement, or knowingly swear or affirm the truth of a false | 3612 |
statement previously made, when any of the following applies: | 3613 |
(1) The statement is made in any official proceeding. | 3614 |
(2) The statement is made with purpose to incriminate | 3615 |
another. | 3616 |
(3) The statement is made with purpose to mislead a public | 3617 |
official in performing the public official's official function. | 3618 |
(4) The statement is made with purpose to secure the payment | 3619 |
of unemployment compensation; Ohio works first; prevention, | 3620 |
retention, and contingency benefits and services; disability | 3621 |
financial assistance; retirement benefits; economic development | 3622 |
assistance, as defined in section 9.66 of the Revised Code; or | 3623 |
other benefits administered by a governmental agency or paid out | 3624 |
of a public treasury. | 3625 |
(5) The statement is made with purpose to secure the issuance | 3626 |
by a governmental agency of a license, permit, authorization, | 3627 |
certificate, registration, release, or provider agreement. | 3628 |
(6) The statement is sworn or affirmed before a notary public | 3629 |
or another person empowered to administer oaths. | 3630 |
(7) The statement is in writing on or in connection with a | 3631 |
report or return that is required or authorized by law. | 3632 |
(8) The statement is in writing and is made with purpose to | 3633 |
induce another to extend credit to or employ the offender, to | 3634 |
confer any degree, diploma, certificate of attainment, award of | 3635 |
excellence, or honor on the offender, or to extend to or bestow | 3636 |
upon the offender any other valuable benefit or distinction, when | 3637 |
the person to whom the statement is directed relies upon it to | 3638 |
that person's detriment. | 3639 |
(9) The statement is made with purpose to commit or | 3640 |
facilitate the commission of a theft offense. | 3641 |
(10) The statement is knowingly made to a probate court in | 3642 |
connection with any action, proceeding, or other matter within its | 3643 |
jurisdiction, either orally or in a written document, including, | 3644 |
but not limited to, an application, petition, complaint, or other | 3645 |
pleading, or an inventory, account, or report. | 3646 |
(11) The statement is made on an account, form, record, | 3647 |
stamp, label, or other writing that is required by law. | 3648 |
(12) The statement is made in connection with the purchase of | 3649 |
a firearm, as defined in section 2923.11 of the Revised Code, and | 3650 |
in conjunction with the furnishing to the seller of the firearm of | 3651 |
a fictitious or altered driver's or commercial driver's license or | 3652 |
permit, a fictitious or altered identification card, or any other | 3653 |
document that contains false information about the purchaser's | 3654 |
identity. | 3655 |
(13) The statement is made in a document or instrument of | 3656 |
writing that purports to be a judgment, lien, or claim of | 3657 |
indebtedness and is filed or recorded with the secretary of state, | 3658 |
a county recorder, or the clerk of a court of record. | 3659 |
(14) The statement is made with purpose to obtain an Ohio's | 3660 |
best Rx program enrollment card under section 173.773 of the | 3661 |
Revised Code or a payment under section 173.801 of the Revised | 3662 |
Code. | 3663 |
(15) The statement is made in an application filed with a | 3664 |
county sheriff pursuant to section 2923.125 of the Revised Code in | 3665 |
order to obtain or renew a license to carry a concealed handgun or | 3666 |
is made in an affidavit submitted to a county sheriff to obtain a | 3667 |
temporary emergency license to carry a concealed handgun under | 3668 |
section 2923.1213 of the Revised Code. | 3669 |
(16) The statement is required under section 5743.71 of the | 3670 |
Revised Code in connection with the person's purchase of | 3671 |
cigarettes or tobacco products in a delivery sale. | 3672 |
(B) No person, in connection with the purchase of a firearm, | 3673 |
as defined in section 2923.11 of the Revised Code, shall knowingly | 3674 |
furnish to the seller of the firearm a fictitious or altered | 3675 |
driver's or commercial driver's license or permit, a fictitious or | 3676 |
altered identification card, or any other document that contains | 3677 |
false information about the purchaser's identity. | 3678 |
(C) No person, in an attempt to obtain a license to carry a | 3679 |
concealed handgun under section 2923.125 of the Revised Code, | 3680 |
shall knowingly present to a sheriff a fictitious or altered | 3681 |
document that purports to be certification of the person's | 3682 |
competence in handling a handgun as described in division (B)(3) | 3683 |
of section 2923.125 of the Revised Code. | 3684 |
(D) It is no defense to a charge under division (A)(6) of | 3685 |
this section that the oath or affirmation was administered or | 3686 |
taken in an irregular manner. | 3687 |
(E) If contradictory statements relating to the same fact are | 3688 |
made by the offender within the period of the statute of | 3689 |
limitations for falsification, it is not necessary for the | 3690 |
prosecution to prove which statement was false but only that one | 3691 |
or the other was false. | 3692 |
(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 3693 |
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is | 3694 |
guilty of falsification, a misdemeanor of the first degree. | 3695 |
(2) Whoever violates division (A)(9) of this section is | 3696 |
guilty of falsification in a theft offense. Except as otherwise | 3697 |
provided in this division, falsification in a theft offense is a | 3698 |
misdemeanor of the first degree. If the value of the property or | 3699 |
services stolen is | 3700 |
is less than
| 3701 |
falsification in a theft offense is a felony of the fifth degree. | 3702 |
If
the value of the
property or
services stolen is | 3703 |
thousand five hundred dollars or more and is less than one | 3704 |
hundred fifty thousand dollars, falsification in a theft offense | 3705 |
is a felony of the fourth degree. If the value of the property or | 3706 |
services stolen is one hundred fifty thousand dollars or more, | 3707 |
falsification in a theft offense is a felony of the third degree. | 3708 |
(3) Whoever violates division (A)(12) or (B) of this section | 3709 |
is guilty of falsification to purchase a firearm, a felony of the | 3710 |
fifth degree. | 3711 |
(4) Whoever violates division (A)(15) or (C) of this section | 3712 |
is guilty of falsification to obtain a concealed handgun license, | 3713 |
a felony of the fourth degree. | 3714 |
(G) A person who violates this section is liable in a civil | 3715 |
action to any person harmed by the violation for injury, death, or | 3716 |
loss to person or property incurred as a result of the commission | 3717 |
of the offense and for reasonable attorney's fees, court costs, | 3718 |
and other expenses incurred as a result of prosecuting the civil | 3719 |
action commenced under this division. A civil action under this | 3720 |
division is not the exclusive remedy of a person who incurs | 3721 |
injury, death, or loss to person or property as a result of a | 3722 |
violation of this section. | 3723 |
Sec. 2921.34. (A)(1) No person, knowing the person is under | 3724 |
detention, other than supervised release detention, or being | 3725 |
reckless in that regard, shall purposely break or attempt to break | 3726 |
the detention, or purposely fail to return to detention, either | 3727 |
following temporary leave granted for a specific purpose or | 3728 |
limited period, or at the time required when serving a sentence | 3729 |
in intermittent confinement. | 3730 |
(2)(a) Division (A)(2)(b) of this section applies to any | 3731 |
person who is sentenced to a prison term pursuant to division | 3732 |
(A)(3) or (B) of section 2971.03 of the Revised Code. | 3733 |
(b) No person to whom this division applies, for whom the | 3734 |
requirement that the entire prison term imposed upon the person | 3735 |
pursuant to division (A)(3) or (B) of section 2971.03 of the | 3736 |
Revised Code be served in a state correctional institution has | 3737 |
been modified pursuant to section 2971.05 of the Revised Code, and | 3738 |
who, pursuant to that modification, is restricted to a geographic | 3739 |
area, knowing that the person is under a geographic restriction or | 3740 |
being reckless in that regard, shall purposely leave the | 3741 |
geographic area to which the restriction applies or purposely fail | 3742 |
to return to that geographic area following a temporary leave | 3743 |
granted for a specific purpose or for a limited period of time. | 3744 |
(3) No person, knowing the person is under supervised release | 3745 |
detention or being reckless in that regard, shall purposely break | 3746 |
or attempt to break the supervised release detention or purposely | 3747 |
fail to return to the supervised release detention, either | 3748 |
following temporary leave granted for a specific purpose or | 3749 |
limited period, or at the time required when serving a sentence in | 3750 |
intermittent confinement, if the purposeful breaking, attempting | 3751 |
to break, or failure to return is for a period in excess of nine | 3752 |
consecutive months. | 3753 |
(B)(1) If a person, knowing the person is under supervised | 3754 |
release detention or being reckless in that regard, purposely | 3755 |
breaks or attempts to break the supervised release detention or | 3756 |
purposely fails to return to the supervised release detention, | 3757 |
either following temporary leave granted for a specific purpose | 3758 |
or limited period, or at the time required when serving a | 3759 |
sentence in intermittent confinement, and if the purposeful | 3760 |
breaking, attempting to break, or failure to return is for a | 3761 |
period that does not exceed nine consecutive months, the person | 3762 |
is subject to administrative sanctions that may be imposed by the | 3763 |
adult parole authority under section 2967.15 of the Revised Code. | 3764 |
(2) Irregularity in bringing about or maintaining detention, | 3765 |
or lack of jurisdiction of the committing or detaining authority, | 3766 |
is not a defense to a charge under this section if the detention | 3767 |
is pursuant to judicial order or in a detention facility. In the | 3768 |
case of any other detention, irregularity or lack of jurisdiction | 3769 |
is an affirmative defense only if either of the following occurs: | 3770 |
| 3771 |
person or property of another. | 3772 |
| 3773 |
there was no legal basis or authority for the detention. | 3774 |
(C) Whoever violates this section is guilty of escape. | 3775 |
(1) If the offender, at the time of the commission of the | 3776 |
offense, was under detention as an alleged or adjudicated | 3777 |
delinquent child or unruly child and if the act for which the | 3778 |
offender was under detention would not be a felony if committed by | 3779 |
an adult, escape is a misdemeanor of the first degree. | 3780 |
(2) If the offender, at the time of the commission of the | 3781 |
offense, was under detention in any other manner or if the | 3782 |
offender is a person for whom the requirement that the entire | 3783 |
prison term imposed upon the person pursuant to division (A)(3) or | 3784 |
(B) of section 2971.03 of the Revised Code be served in a state | 3785 |
correctional institution has been modified pursuant to section | 3786 |
2971.05 of the Revised Code, escape is one of the following: | 3787 |
(a) A felony of the second degree, when the most serious | 3788 |
offense for which the person was under detention or for which the | 3789 |
person had been sentenced to the prison term under division | 3790 |
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or | 3791 |
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code | 3792 |
is aggravated murder, murder, or a felony of the first or second | 3793 |
degree or, if the person was under detention as an alleged or | 3794 |
adjudicated delinquent child, when the most serious act for which | 3795 |
the person was under detention would be aggravated murder, murder, | 3796 |
or a felony of the first or second degree if committed by an | 3797 |
adult; | 3798 |
(b) A felony of the third degree, when the most serious | 3799 |
offense for which the person was under detention or for which the | 3800 |
person had been sentenced to the prison term under division | 3801 |
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or | 3802 |
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code | 3803 |
is a felony of the third, fourth, or fifth degree or an | 3804 |
unclassified felony or, if the person was under detention as an | 3805 |
alleged or adjudicated delinquent child, when the most serious act | 3806 |
for which the person was under detention would be a felony of the | 3807 |
third, fourth, or fifth degree or an unclassified felony if | 3808 |
committed by an adult; | 3809 |
(c) A felony of the fifth degree, when any of the following | 3810 |
applies: | 3811 |
(i) The most serious offense for which the person was under | 3812 |
detention is a misdemeanor. | 3813 |
(ii) The person was found not guilty by reason of insanity, | 3814 |
and the person's detention consisted of hospitalization, | 3815 |
institutionalization, or confinement in a facility under an order | 3816 |
made pursuant to or under authority of section 2945.40, 2945.401, | 3817 |
or 2945.402 of the Revised Code. | 3818 |
(d) A misdemeanor of the first degree, when the most serious | 3819 |
offense for which the person was under detention is a misdemeanor | 3820 |
and when the person fails to return to detention at a specified | 3821 |
time following temporary leave granted for a specific purpose or | 3822 |
limited period or at the time required when serving a sentence in | 3823 |
intermittent confinement. | 3824 |
(D) As used in this section, "supervised release detention" | 3825 |
means detention that is supervision of a person by an employee of | 3826 |
the department of rehabilitation and correction while the person | 3827 |
is on any type of release from a state correctional institution, | 3828 |
other than transitional control under section 2967.26 of the | 3829 |
Revised Code or placement in a community-based correctional | 3830 |
facility by the parole board under section 2967.28 of the Revised | 3831 |
Code. | 3832 |
Sec. 2921.41. (A) No public official or party official | 3833 |
shall commit any theft offense, as defined in division (K) of | 3834 |
section 2913.01 of the Revised Code, when either of the following | 3835 |
applies: | 3836 |
(1) The offender uses the offender's office in aid of | 3837 |
committing the offense or permits or assents to its use in aid of | 3838 |
committing the offense; | 3839 |
(2) The property or service involved is owned by this state, | 3840 |
any other state, the United States, a county, a municipal | 3841 |
corporation, a township, or any political subdivision, department, | 3842 |
or agency of any of them, is owned by a political party, or is | 3843 |
part of a political campaign fund. | 3844 |
(B) Whoever violates this section is guilty of theft in | 3845 |
office. Except as otherwise provided in this division, theft in | 3846 |
office is a felony of the fifth degree. If the value of property | 3847 |
or services stolen is
| 3848 |
and is
less
than | 3849 |
in office is a felony of the fourth degree. If the value of | 3850 |
property or services
stolen is
| 3851 |
dollars or more, theft in office is a felony of the third | 3852 |
degree. | 3853 |
(C)(1) A public official or party official who pleads guilty | 3854 |
to theft in office and whose plea is accepted by the court or a | 3855 |
public official or party official against whom a verdict or | 3856 |
finding of guilt for committing theft in office is returned is | 3857 |
forever disqualified from holding any public office, | 3858 |
employment, or position of trust in this state. | 3859 |
(2)(a) A court that imposes sentence for a violation of this | 3860 |
section based on conduct described in division (A)(2) of this | 3861 |
section shall require the public official or party official who is | 3862 |
convicted of or pleads guilty to the offense to make restitution | 3863 |
for all of the property or the service that is the subject of the | 3864 |
offense, in addition to the term of imprisonment and any fine | 3865 |
imposed. A court that imposes sentence for a violation of this | 3866 |
section based on conduct described in division (A)(1) of this | 3867 |
section and that determines at trial that this state or a | 3868 |
political subdivision of this state if the offender is a public | 3869 |
official, or a political party in the United States or this state | 3870 |
if the offender is a party official, suffered actual loss as a | 3871 |
result of the offense shall require the offender to make | 3872 |
restitution to the state, political subdivision, or political | 3873 |
party for all of the actual loss experienced, in addition to the | 3874 |
term of imprisonment and any fine imposed. | 3875 |
(b)(i) In any case in which a sentencing court is required to | 3876 |
order restitution under division (C)(2)(a) of this section and in | 3877 |
which the offender, at the time of the commission of the offense | 3878 |
or at any other time, was a member of the public employees | 3879 |
retirement system, the Ohio police and fire pension fund, the | 3880 |
state teachers retirement system, the school employees retirement | 3881 |
system, or the state highway patrol retirement system; was an | 3882 |
electing employee, as defined in section 3305.01 of the Revised | 3883 |
Code, participating in an alternative retirement plan provided | 3884 |
pursuant to Chapter 3305. of the Revised Code; was a participating | 3885 |
employee or continuing member, as defined in section 148.01 of the | 3886 |
Revised Code, in a deferred compensation program offered by the | 3887 |
Ohio public employees deferred compensation board; was an officer | 3888 |
or employee of a municipal corporation who was a participant in a | 3889 |
deferred compensation program offered by that municipal | 3890 |
corporation; was an officer or employee of a government unit, as | 3891 |
defined in section 148.06 of the Revised Code, who was a | 3892 |
participant in a deferred compensation program offered by that | 3893 |
government unit, or was a participating employee, continuing | 3894 |
member, or participant in any deferred compensation program | 3895 |
described in this division and a member of a retirement system | 3896 |
specified in this division or a retirement system of a municipal | 3897 |
corporation, the entity to which restitution is to be made may | 3898 |
file a motion with the sentencing court specifying any retirement | 3899 |
system, any provider as defined in section 3305.01 of the Revised | 3900 |
Code, and any deferred compensation program of which the offender | 3901 |
was a member, electing employee, participating employee, | 3902 |
continuing member, or participant and requesting the court to | 3903 |
issue an order requiring the specified retirement system, the | 3904 |
specified provider under the alternative retirement plan, or the | 3905 |
specified deferred compensation program, or, if more than one is | 3906 |
specified in the motion, the applicable combination of these, to | 3907 |
withhold the amount required as restitution from any payment that | 3908 |
is to be made under a pension, annuity, or allowance, under an | 3909 |
option in the alternative retirement plan, under a participant | 3910 |
account, as defined in section 148.01 of the Revised Code, or | 3911 |
under any other type of benefit, other than a survivorship | 3912 |
benefit, that has been or is in the future granted to the | 3913 |
offender, from any payment of accumulated employee contributions | 3914 |
standing to the offender's credit with that retirement system, | 3915 |
that provider of the option under the alternative retirement plan, | 3916 |
or that deferred compensation program, or, if more than one is | 3917 |
specified in the motion, the applicable combination of these, and | 3918 |
from any payment of any other amounts to be paid to the offender | 3919 |
upon the offender's withdrawal of the offender's contributions | 3920 |
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of | 3921 |
the Revised Code. A motion described in this division may be filed | 3922 |
at any time subsequent to the conviction of the offender or entry | 3923 |
of a guilty plea. Upon the filing of the motion, the clerk of the | 3924 |
court in which the motion is filed shall notify the offender, the | 3925 |
specified retirement system, the specified provider under the | 3926 |
alternative retirement plan, or the specified deferred | 3927 |
compensation program, or, if more than one is specified in the | 3928 |
motion, the applicable combination of these, in writing, of all of | 3929 |
the following: that the motion was filed; that the offender will | 3930 |
be granted a hearing on the issuance of the requested order if the | 3931 |
offender files a written request for a hearing with the clerk | 3932 |
prior to the expiration of thirty days after the offender receives | 3933 |
the notice; that, if a hearing is requested, the court will | 3934 |
schedule a hearing as soon as possible and notify the offender, | 3935 |
any specified retirement system, any specified provider under an | 3936 |
alternative retirement plan, and any specified deferred | 3937 |
compensation program of the date, time, and place of the hearing; | 3938 |
that, if a hearing is conducted, it will be limited only to a | 3939 |
consideration of whether the offender can show good cause why the | 3940 |
requested order should not be issued; that, if a hearing is | 3941 |
conducted, the court will not issue the requested order if the | 3942 |
court determines, based on evidence presented at the hearing by | 3943 |
the offender, that there is good cause for the requested order not | 3944 |
to be issued; that the court will issue the requested order if a | 3945 |
hearing is not requested or if a hearing is conducted but the | 3946 |
court does not determine, based on evidence presented at the | 3947 |
hearing by the offender, that there is good cause for the | 3948 |
requested order not to be issued; and that, if the requested order | 3949 |
is issued, any retirement system, any provider under an | 3950 |
alternative retirement plan, and any deferred compensation program | 3951 |
specified in the motion will be required to withhold the amount | 3952 |
required as restitution from payments to the offender. | 3953 |
(ii) In any case in which a sentencing court is required to | 3954 |
order restitution under division (C)(2)(a) of this section and in | 3955 |
which a motion requesting the issuance of a withholding order as | 3956 |
described in division (C)(2)(b)(i) of this section is filed, the | 3957 |
offender may receive a hearing on the motion by delivering a | 3958 |
written request for a hearing to the court prior to the expiration | 3959 |
of thirty days after the offender's receipt of the notice provided | 3960 |
pursuant to division (C)(2)(b)(i) of this section. If a request | 3961 |
for a hearing is made by the offender within the prescribed time, | 3962 |
the court shall schedule a hearing as soon as possible after the | 3963 |
request is made and shall notify the offender, the specified | 3964 |
retirement system, the specified provider under the alternative | 3965 |
retirement plan, or the specified deferred compensation program, | 3966 |
or, if more than one is specified in the motion, the applicable | 3967 |
combination of these, of the date, time, and place of the hearing. | 3968 |
A hearing scheduled under this division shall be limited to a | 3969 |
consideration of whether there is good cause, based on evidence | 3970 |
presented by the offender, for the requested order not to be | 3971 |
issued. If the court determines, based on evidence presented by | 3972 |
the offender, that there is good cause for the order not to be | 3973 |
issued, the court shall deny the motion and shall not issue the | 3974 |
requested order. If the offender does not request a hearing | 3975 |
within the prescribed time or if the court conducts a hearing but | 3976 |
does not determine, based on evidence presented by the offender, | 3977 |
that there is good cause for the order not to be issued, the court | 3978 |
shall order the specified retirement system, the specified | 3979 |
provider under the alternative retirement plan, or the specified | 3980 |
deferred compensation program, or, if more than one is specified | 3981 |
in the motion, the applicable combination of these, to withhold | 3982 |
the amount required as restitution under division (C)(2)(a) of | 3983 |
this section from any payments to be made under a pension, | 3984 |
annuity, or allowance, under a participant account, as defined in | 3985 |
section 148.01 of the Revised Code, under an option in the | 3986 |
alternative retirement plan, or under any other type of benefit, | 3987 |
other than a survivorship benefit, that has been or is in the | 3988 |
future granted to the offender, from any payment of accumulated | 3989 |
employee contributions standing to the offender's credit with that | 3990 |
retirement system, that provider under the alternative retirement | 3991 |
plan, or that deferred compensation program, or, if more than one | 3992 |
is specified in the motion, the applicable combination of these, | 3993 |
and from any payment of any other amounts to be paid to the | 3994 |
offender upon the offender's withdrawal of the offender's | 3995 |
contributions pursuant to Chapter 145., 148., 742., 3307., 3309., | 3996 |
or 5505. of the Revised Code, and to continue the withholding for | 3997 |
that purpose, in accordance with the order, out of each payment to | 3998 |
be made on or after the date of issuance of the order, until | 3999 |
further order of the court. Upon receipt of an order issued under | 4000 |
this division, the public employees retirement system, the Ohio | 4001 |
police and fire pension fund, the state teachers retirement | 4002 |
system, the school employees retirement system, the state highway | 4003 |
patrol retirement system, a municipal corporation retirement | 4004 |
system, the provider under the alternative retirement plan, and | 4005 |
the deferred compensation program offered by the Ohio public | 4006 |
employees deferred compensation board, a municipal corporation, or | 4007 |
a government unit, as defined in section 148.06 of the Revised | 4008 |
Code, whichever are applicable, shall withhold the amount required | 4009 |
as restitution, in accordance with the order, from any such | 4010 |
payments and immediately shall forward the amount withheld to the | 4011 |
clerk of the court in which the order was issued for payment to | 4012 |
the entity to which restitution is to be made. | 4013 |
(iii) Service of a notice required by division (C)(2)(b)(i) | 4014 |
or (ii) of this section shall be effected in the same manner as | 4015 |
provided in the Rules of Civil Procedure for the service of | 4016 |
process. | 4017 |
(D) Upon the filing of charges against a person under this | 4018 |
section, the prosecutor, as defined in section 2935.01 of the | 4019 |
Revised Code, who is assigned the case shall send written notice | 4020 |
that charges have been filed against that person to the public | 4021 |
employees retirement system, the Ohio police and fire pension | 4022 |
fund, the state teachers retirement system, the school employees | 4023 |
retirement system, the state highway patrol retirement system, the | 4024 |
provider under an alternative retirement plan, any municipal | 4025 |
corporation retirement system in this state, and the deferred | 4026 |
compensation program offered by the Ohio public employees deferred | 4027 |
compensation board, a municipal corporation, or a government unit, | 4028 |
as defined in section 148.06 of the Revised Code. The written | 4029 |
notice shall specifically identify the person charged. | 4030 |
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 4031 |
Revised Code: | 4032 |
(A) "Beneficial interest" means any of the following: | 4033 |
(1) The interest of a person as a beneficiary under a trust | 4034 |
in which the trustee holds title to personal or real property; | 4035 |
(2) The interest of a person as a beneficiary under any other | 4036 |
trust arrangement under which any other person holds title to | 4037 |
personal or real property for the benefit of such person; | 4038 |
(3) The interest of a person under any other form of express | 4039 |
fiduciary arrangement under which any other person holds title to | 4040 |
personal or real property for the benefit of such person. | 4041 |
"Beneficial interest" does not include the interest of a | 4042 |
stockholder in a corporation or the interest of a partner in | 4043 |
either a general or limited partnership. | 4044 |
(B) "Costs of investigation and prosecution" and "costs of | 4045 |
investigation and litigation" mean all of the costs incurred by | 4046 |
the state or a county or municipal corporation under sections | 4047 |
2923.31 to 2923.36 of the Revised Code in the prosecution and | 4048 |
investigation of any criminal action or in the litigation and | 4049 |
investigation of any civil action, and includes, but is not | 4050 |
limited to, the costs of resources and personnel. | 4051 |
(C) "Enterprise" includes any individual, sole | 4052 |
proprietorship, partnership, limited partnership, corporation, | 4053 |
trust, union, government agency, or other legal entity, or any | 4054 |
organization, association, or group of persons associated in fact | 4055 |
although not a legal entity. "Enterprise" includes illicit as well | 4056 |
as licit enterprises. | 4057 |
(D) "Innocent person" includes any bona fide purchaser of | 4058 |
property that is allegedly involved in a violation of section | 4059 |
2923.32 of the Revised Code, including any person who establishes | 4060 |
a valid claim to or interest in the property in accordance with | 4061 |
division (E) of section 2981.04 of the Revised Code, and any | 4062 |
victim of an alleged violation of that section or of any | 4063 |
underlying offense involved in an alleged violation of that | 4064 |
section. | 4065 |
(E) "Pattern of corrupt activity" means two or more incidents | 4066 |
of corrupt activity, whether or not there has been a prior | 4067 |
conviction, that are related to the affairs of the same | 4068 |
enterprise, are not isolated, and are not so closely related to | 4069 |
each other and connected in time and place that they constitute a | 4070 |
single event. | 4071 |
At least one of the incidents forming the pattern shall occur | 4072 |
on or after January 1, 1986. Unless any incident was an aggravated | 4073 |
murder or murder, the last of the incidents forming the pattern | 4074 |
shall occur within six years after the commission of any prior | 4075 |
incident forming the pattern, excluding any period of imprisonment | 4076 |
served by any person engaging in the corrupt activity. | 4077 |
For the purposes of the criminal penalties that may be | 4078 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 4079 |
one of the incidents forming the pattern shall constitute a felony | 4080 |
under the laws of this state in existence at the time it was | 4081 |
committed or, if committed in violation of the laws of the United | 4082 |
States or of any other state, shall constitute a felony under the | 4083 |
law of the United States or the other state and would be a | 4084 |
criminal offense under the law of this state if committed in this | 4085 |
state. | 4086 |
(F) "Pecuniary value" means money, a negotiable instrument, a | 4087 |
commercial interest, or anything of value, as defined in section | 4088 |
1.03 of the Revised Code, or any other property or service that | 4089 |
has a value in excess of one hundred dollars. | 4090 |
(G) "Person" means any person, as defined in section 1.59 of | 4091 |
the Revised Code, and any governmental officer, employee, or | 4092 |
entity. | 4093 |
(H) "Personal property" means any personal property, any | 4094 |
interest in personal property, or any right, including, but not | 4095 |
limited to, bank accounts, debts, corporate stocks, patents, or | 4096 |
copyrights. Personal property and any beneficial interest in | 4097 |
personal property are deemed to be located where the trustee of | 4098 |
the property, the personal property, or the instrument evidencing | 4099 |
the right is located. | 4100 |
(I) "Corrupt activity" means engaging in, attempting to | 4101 |
engage in, conspiring to engage in, or soliciting, coercing, or | 4102 |
intimidating another person to engage in any of the following: | 4103 |
(1) Conduct defined as "racketeering activity" under the | 4104 |
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. | 4105 |
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; | 4106 |
(2) Conduct constituting any of the following: | 4107 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 4108 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 4109 |
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 4110 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 4111 |
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, | 4112 |
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, | 4113 |
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 4114 |
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 4115 |
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 4116 |
section 1707.44; division (A)(1) or (2) of section 2923.20; | 4117 |
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or | 4118 |
4719.06; division (C), (D), or (E) of section 4719.07; section | 4119 |
4719.08; or division (A) of section 4719.09 of the Revised Code. | 4120 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 4121 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 4122 |
any violation of section 2915.02 of the Revised Code that occurs | 4123 |
on or after July 1, 1996, and that, had it occurred prior to that | 4124 |
date, would have been a violation of section 3769.11 of the | 4125 |
Revised Code as it existed prior to that date, or any violation of | 4126 |
section 2915.05 of the Revised Code that occurs on or after July | 4127 |
1, 1996, and that, had it occurred prior to that date, would have | 4128 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 4129 |
Revised Code as it existed prior to that date. | 4130 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 4131 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 4132 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 4133 |
of the Revised Code, any violation of section 2925.11 of the | 4134 |
Revised Code that is a felony of the first, second, third, or | 4135 |
fourth degree and that occurs on or after July 1, 1996, any | 4136 |
violation of section 2915.02 of the Revised Code that occurred | 4137 |
prior to July 1, 1996, any violation of section 2915.02 of the | 4138 |
Revised Code that occurs on or after July 1, 1996, and that, had | 4139 |
it occurred prior to that date, would not have been a violation of | 4140 |
section 3769.11 of the Revised Code as it existed prior to that | 4141 |
date, any violation of section 2915.06 of the Revised Code as it | 4142 |
existed prior to July 1, 1996, or any violation of division (B) of | 4143 |
section 2915.05 of the Revised Code as it exists on and after July | 4144 |
1, 1996, when the proceeds of the violation, the payments made in | 4145 |
the violation, the amount of a claim for payment or for any other | 4146 |
benefit that is false or deceptive and that is involved in the | 4147 |
violation, or the value of the contraband or other property | 4148 |
illegally possessed, sold, or purchased in the violation exceeds | 4149 |
4150 | |
violations described in division (I)(2)(c) of this section when | 4151 |
the total proceeds of the combination of violations, payments made | 4152 |
in the combination of violations, amount of the claims for payment | 4153 |
or for other benefits that is false or deceptive and that is | 4154 |
involved in the combination of violations, or value of the | 4155 |
contraband or other property illegally possessed, sold, or | 4156 |
purchased in the combination of
violations exceeds | 4157 |
one thousand dollars; | 4158 |
(d) Any violation of section 5743.112 of the Revised Code | 4159 |
when the amount of unpaid tax exceeds one hundred dollars; | 4160 |
(e) Any violation or combination of violations of section | 4161 |
2907.32 of the Revised Code involving any material or performance | 4162 |
containing a display of bestiality or of sexual conduct, as | 4163 |
defined in section 2907.01 of the Revised Code, that is explicit | 4164 |
and depicted with clearly visible penetration of the genitals or | 4165 |
clearly visible penetration by the penis of any orifice when the | 4166 |
total proceeds of the violation or combination of violations, the | 4167 |
payments made in the violation or combination of violations, or | 4168 |
the value of the contraband or other property illegally possessed, | 4169 |
sold, or purchased in the violation or combination of violations | 4170 |
exceeds | 4171 |
(f) Any combination of violations described in division | 4172 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 4173 |
Revised Code involving any material or performance containing a | 4174 |
display of bestiality or of sexual conduct, as defined in section | 4175 |
2907.01 of the Revised Code, that is explicit and depicted with | 4176 |
clearly visible penetration of the genitals or clearly visible | 4177 |
penetration by the penis of any orifice when the total proceeds of | 4178 |
the combination of violations, payments made in the combination of | 4179 |
violations, amount of the claims for payment or for other benefits | 4180 |
that is false or deceptive and that is involved in the combination | 4181 |
of violations, or value of the contraband or other property | 4182 |
illegally possessed, sold, or purchased in the combination of | 4183 |
violations exceeds | 4184 |
(3) Conduct constituting a violation of any law of any state | 4185 |
other than this state that is substantially similar to the conduct | 4186 |
described in division (I)(2) of this section, provided the | 4187 |
defendant was convicted of the conduct in a criminal proceeding in | 4188 |
the other state; | 4189 |
(4) Animal or ecological terrorism; | 4190 |
(5)(a) Conduct constituting any of the following: | 4191 |
(i) Organized retail theft; | 4192 |
(ii) Conduct that constitutes one or more violations of any | 4193 |
law of any state other than this state, that is substantially | 4194 |
similar to organized retail theft, and that if committed in this | 4195 |
state would be organized retail theft, if the defendant was | 4196 |
convicted of or pleaded guilty to the conduct in a criminal | 4197 |
proceeding in the other state. | 4198 |
(b) By enacting division (I)(5)(a) of this section, it is the | 4199 |
intent of the general assembly to add organized retail theft and | 4200 |
the conduct described in division (I)(5)(a)(ii) of this section as | 4201 |
conduct constituting corrupt activity. The enactment of division | 4202 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 4203 |
of this section of organized retail theft and the conduct | 4204 |
described in division (I)(5)(a)(ii) of this section as conduct | 4205 |
constituting corrupt activity does not limit or preclude, and | 4206 |
shall not be construed as limiting or precluding, any prosecution | 4207 |
for a violation of section 2923.32 of the Revised Code that is | 4208 |
based on one or more violations of section 2913.02 or 2913.51 of | 4209 |
the Revised Code, one or more similar offenses under the laws of | 4210 |
this state or any other state, or any combination of any of those | 4211 |
violations or similar offenses, even though the conduct | 4212 |
constituting the basis for those violations or offenses could be | 4213 |
construed as also constituting organized retail theft or conduct | 4214 |
of the type described in division (I)(5)(a)(ii) of this section. | 4215 |
(J) "Real property" means any real property or any interest | 4216 |
in real property, including, but not limited to, any lease of, or | 4217 |
mortgage upon, real property. Real property and any beneficial | 4218 |
interest in it is deemed to be located where the real property is | 4219 |
located. | 4220 |
(K) "Trustee" means any of the following: | 4221 |
(1) Any person acting as trustee under a trust in which the | 4222 |
trustee holds title to personal or real property; | 4223 |
(2) Any person who holds title to personal or real property | 4224 |
for which any other person has a beneficial interest; | 4225 |
(3) Any successor trustee. | 4226 |
"Trustee" does not include an assignee or trustee for an | 4227 |
insolvent debtor or an executor, administrator, administrator with | 4228 |
the will annexed, testamentary trustee, guardian, or committee, | 4229 |
appointed by, under the control of, or accountable to a court. | 4230 |
(L) "Unlawful debt" means any money or other thing of value | 4231 |
constituting principal or interest of a debt that is legally | 4232 |
unenforceable in this state in whole or in part because the debt | 4233 |
was incurred or contracted in violation of any federal or state | 4234 |
law relating to the business of gambling activity or relating to | 4235 |
the business of lending money at an usurious rate unless the | 4236 |
creditor proves, by a preponderance of the evidence, that the | 4237 |
usurious rate was not intentionally set and that it resulted from | 4238 |
a good faith error by the creditor, notwithstanding the | 4239 |
maintenance of procedures that were adopted by the creditor to | 4240 |
avoid an error of that nature. | 4241 |
(M) "Animal activity" means any activity that involves the | 4242 |
use of animals or animal parts, including, but not limited to, | 4243 |
hunting, fishing, trapping, traveling, camping, the production, | 4244 |
preparation, or processing of food or food products, clothing or | 4245 |
garment manufacturing, medical research, other research, | 4246 |
entertainment, recreation, agriculture, biotechnology, or service | 4247 |
activity that involves the use of animals or animal parts. | 4248 |
(N) "Animal facility" means a vehicle, building, structure, | 4249 |
nature preserve, or other premises in which an animal is lawfully | 4250 |
kept, handled, housed, exhibited, bred, or offered for sale, | 4251 |
including, but not limited to, a zoo, rodeo, circus, amusement | 4252 |
park, hunting preserve, or premises in which a horse or dog event | 4253 |
is held. | 4254 |
(O) "Animal or ecological terrorism" means the commission of | 4255 |
any felony that involves causing or creating a substantial risk of | 4256 |
physical harm to any property of another, the use of a deadly | 4257 |
weapon or dangerous ordnance, or purposely, knowingly, or | 4258 |
recklessly causing serious physical harm to property and that | 4259 |
involves an intent to obstruct, impede, or deter any person from | 4260 |
participating in a lawful animal activity, from mining, foresting, | 4261 |
harvesting, gathering, or processing natural resources, or from | 4262 |
being lawfully present in or on an animal facility or research | 4263 |
facility. | 4264 |
(P) "Research facility" means a place, laboratory, | 4265 |
institution, medical care facility, government facility, or public | 4266 |
or private educational institution in which a scientific test, | 4267 |
experiment, or investigation involving the use of animals or other | 4268 |
living organisms is lawfully carried out, conducted, or | 4269 |
attempted. | 4270 |
(Q) "Organized retail theft" means the theft of retail | 4271 |
property with a retail value of | 4272 |
or more from one or more retail establishments with the intent to | 4273 |
sell, deliver, or transfer that property to a retail property | 4274 |
fence. | 4275 |
(R) "Retail property" means any tangible personal property | 4276 |
displayed, held, stored, or offered for sale in or by a retail | 4277 |
establishment. | 4278 |
(S) "Retail property fence" means a person who possesses, | 4279 |
procures, receives, or conceals retail property that was | 4280 |
represented to the person as being stolen or that the person knows | 4281 |
or believes to be stolen. | 4282 |
(T) "Retail value" means the full retail value of the retail | 4283 |
property. In determining whether the retail value of retail | 4284 |
property equals or exceeds | 4285 |
value of all retail property stolen from the retail establishment | 4286 |
or retail establishments by the same person or persons within | 4287 |
any one-hundred-eighty-day period shall be aggregated. | 4288 |
Sec. 2925.01. As used in this chapter: | 4289 |
(A) "Administer," "controlled substance," "dispense," | 4290 |
"distribute," "hypodermic," "manufacturer," "official written | 4291 |
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," | 4292 |
"schedule II," "schedule III," "schedule IV," "schedule V," and | 4293 |
"wholesaler" have the same meanings as in section 3719.01 of the | 4294 |
Revised Code. | 4295 |
(B) "Drug dependent person" and "drug of abuse" have the same | 4296 |
meanings as in section 3719.011 of the Revised Code. | 4297 |
(C) "Drug," "dangerous drug," "licensed health professional | 4298 |
authorized to prescribe drugs," and "prescription" have the same | 4299 |
meanings as in section 4729.01 of the Revised Code. | 4300 |
(D) "Bulk amount" of a controlled substance means any of the | 4301 |
following: | 4302 |
(1) For any compound, mixture, preparation, or substance | 4303 |
included in schedule I, schedule II, or schedule III, with the | 4304 |
exception of marihuana, cocaine, L.S.D., heroin, and hashish and | 4305 |
except as provided in division (D)(2) or (5) of this section, | 4306 |
whichever of the following is applicable: | 4307 |
(a) An amount equal to or exceeding ten grams or twenty-five | 4308 |
unit doses of a compound, mixture, preparation, or substance that | 4309 |
is or contains any amount of a schedule I opiate or opium | 4310 |
derivative; | 4311 |
(b) An amount equal to or exceeding ten grams of a compound, | 4312 |
mixture, preparation, or substance that is or contains any amount | 4313 |
of raw or gum opium; | 4314 |
(c) An amount equal to or exceeding thirty grams or ten unit | 4315 |
doses of a compound, mixture, preparation, or substance that is or | 4316 |
contains any amount of a schedule I hallucinogen other than | 4317 |
tetrahydrocannabinol or lysergic acid amide, or a schedule I | 4318 |
stimulant or depressant; | 4319 |
(d) An amount equal to or exceeding twenty grams or five | 4320 |
times the maximum daily dose in the usual dose range specified in | 4321 |
a standard pharmaceutical reference manual of a compound, mixture, | 4322 |
preparation, or substance that is or contains any amount of a | 4323 |
schedule II opiate or opium derivative; | 4324 |
(e) An amount equal to or exceeding five grams or ten unit | 4325 |
doses of a compound, mixture, preparation, or substance that is or | 4326 |
contains any amount of phencyclidine; | 4327 |
(f) An amount equal to or exceeding one hundred twenty grams | 4328 |
or thirty times the maximum daily dose in the usual dose range | 4329 |
specified in a standard pharmaceutical reference manual of a | 4330 |
compound, mixture, preparation, or substance that is or contains | 4331 |
any amount of a schedule II stimulant that is in a final dosage | 4332 |
form manufactured by a person authorized by the "Federal Food, | 4333 |
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as | 4334 |
amended, and the federal drug abuse control laws, as defined in | 4335 |
section 3719.01 of the Revised Code, that is or contains any | 4336 |
amount of a schedule II depressant substance or a schedule II | 4337 |
hallucinogenic substance; | 4338 |
(g) An amount equal to or exceeding three grams of a | 4339 |
compound, mixture, preparation, or substance that is or contains | 4340 |
any amount of a schedule II stimulant, or any of its salts or | 4341 |
isomers, that is not in a final dosage form manufactured by a | 4342 |
person authorized by the Federal Food, Drug, and Cosmetic Act and | 4343 |
the federal drug abuse control laws. | 4344 |
(2) An amount equal to or exceeding one hundred twenty grams | 4345 |
or thirty times the maximum daily dose in the usual dose range | 4346 |
specified in a standard pharmaceutical reference manual of a | 4347 |
compound, mixture, preparation, or substance that is or contains | 4348 |
any amount of a schedule III or IV substance other than an | 4349 |
anabolic steroid or a schedule III opiate or opium derivative; | 4350 |
(3) An amount equal to or exceeding twenty grams or five | 4351 |
times the maximum daily dose in the usual dose range specified in | 4352 |
a standard pharmaceutical reference manual of a compound, mixture, | 4353 |
preparation, or substance that is or contains any amount of a | 4354 |
schedule III opiate or opium derivative; | 4355 |
(4) An amount equal to or exceeding two hundred fifty | 4356 |
milliliters or two hundred fifty grams of a compound, mixture, | 4357 |
preparation, or substance that is or contains any amount of a | 4358 |
schedule V substance; | 4359 |
(5) An amount equal to or exceeding two hundred solid dosage | 4360 |
units, sixteen grams, or sixteen milliliters of a compound, | 4361 |
mixture, preparation, or substance that is or contains any amount | 4362 |
of a schedule III anabolic steroid. | 4363 |
(E) "Unit dose" means an amount or unit of a compound, | 4364 |
mixture, or preparation containing a controlled substance that is | 4365 |
separately identifiable and in a form that indicates that it is | 4366 |
the amount or unit by which the controlled substance is separately | 4367 |
administered to or taken by an individual. | 4368 |
(F) "Cultivate" includes planting, watering, fertilizing, or | 4369 |
tilling. | 4370 |
(G) "Drug abuse offense" means any of the following: | 4371 |
(1) A violation of division (A) of section 2913.02 that | 4372 |
constitutes theft of drugs, or a violation of section 2925.02, | 4373 |
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, | 4374 |
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or | 4375 |
2925.37 of the Revised Code; | 4376 |
(2) A violation of an existing or former law of this or any | 4377 |
other state or of the United States that is substantially | 4378 |
equivalent to any section listed in division (G)(1) of this | 4379 |
section; | 4380 |
(3) An offense under an existing or former law of this or any | 4381 |
other state, or of the United States, of which planting, | 4382 |
cultivating, harvesting, processing, making, manufacturing, | 4383 |
producing, shipping, transporting, delivering, acquiring, | 4384 |
possessing, storing, distributing, dispensing, selling, inducing | 4385 |
another to use, administering to another, using, or otherwise | 4386 |
dealing with a controlled substance is an element; | 4387 |
(4) A conspiracy to commit, attempt to commit, or complicity | 4388 |
in committing or attempting to commit any offense under division | 4389 |
(G)(1), (2), or (3) of this section. | 4390 |
(H) "Felony drug abuse offense" means any drug abuse offense | 4391 |
that would constitute a felony under the laws of this state, any | 4392 |
other state, or the United States. | 4393 |
(I) "Harmful intoxicant" does not include beer or | 4394 |
intoxicating liquor but means any of the following: | 4395 |
(1) Any compound, mixture, preparation, or substance the gas, | 4396 |
fumes, or vapor of which when inhaled can induce intoxication, | 4397 |
excitement, giddiness, irrational behavior, depression, | 4398 |
stupefaction, paralysis, unconsciousness, asphyxiation, or other | 4399 |
harmful physiological effects, and includes, but is not limited | 4400 |
to, any of the following: | 4401 |
(a) Any volatile organic solvent, plastic cement, model | 4402 |
cement, fingernail polish remover, lacquer thinner, cleaning | 4403 |
fluid, gasoline, or other preparation containing a volatile | 4404 |
organic solvent; | 4405 |
(b) Any aerosol propellant; | 4406 |
(c) Any fluorocarbon refrigerant; | 4407 |
(d) Any anesthetic gas. | 4408 |
(2) Gamma Butyrolactone; | 4409 |
(3) 1,4 Butanediol. | 4410 |
(J) "Manufacture" means to plant, cultivate, harvest, | 4411 |
process, make, prepare, or otherwise engage in any part of the | 4412 |
production of a drug, by propagation, extraction, chemical | 4413 |
synthesis, or compounding, or any combination of the same, and | 4414 |
includes packaging, repackaging, labeling, and other activities | 4415 |
incident to production. | 4416 |
(K) "Possess" or "possession" means having control over a | 4417 |
thing or substance, but may not be inferred solely from mere | 4418 |
access to the thing or substance through ownership or occupation | 4419 |
of the premises upon which the thing or substance is found. | 4420 |
(L) "Sample drug" means a drug or pharmaceutical preparation | 4421 |
that would be hazardous to health or safety if used without the | 4422 |
supervision of a licensed health professional authorized to | 4423 |
prescribe drugs, or a drug of abuse, and that, at one time, had | 4424 |
been placed in a container plainly marked as a sample by a | 4425 |
manufacturer. | 4426 |
(M) "Standard pharmaceutical reference manual" means the | 4427 |
current edition, with cumulative changes if any, of any of the | 4428 |
following reference works: | 4429 |
(1) "The National Formulary"; | 4430 |
(2) "The United States Pharmacopeia," prepared by authority | 4431 |
of the United States Pharmacopeial Convention, Inc.; | 4432 |
(3) Other standard references that are approved by the state | 4433 |
board of pharmacy. | 4434 |
(N) "Juvenile" means a person under eighteen years of age. | 4435 |
(O) "Counterfeit controlled substance" means any of the | 4436 |
following: | 4437 |
(1) Any drug that bears, or whose container or label bears, a | 4438 |
trademark, trade name, or other identifying mark used without | 4439 |
authorization of the owner of rights to that trademark, trade | 4440 |
name, or identifying mark; | 4441 |
(2) Any unmarked or unlabeled substance that is represented | 4442 |
to be a controlled substance manufactured, processed, packed, or | 4443 |
distributed by a person other than the person that manufactured, | 4444 |
processed, packed, or distributed it; | 4445 |
(3) Any substance that is represented to be a controlled | 4446 |
substance but is not a controlled substance or is a different | 4447 |
controlled substance; | 4448 |
(4) Any substance other than a controlled substance that a | 4449 |
reasonable person would believe to be a controlled substance | 4450 |
because of its similarity in shape, size, and color, or its | 4451 |
markings, labeling, packaging, distribution, or the price for | 4452 |
which it is sold or offered for sale. | 4453 |
(P) An offense is "committed in the vicinity of a school" if | 4454 |
the offender commits the offense on school premises, in a school | 4455 |
building, or within one thousand feet of the boundaries of any | 4456 |
school premises, regardless of whether the offender knows the | 4457 |
offense is being committed on school premises, in a school | 4458 |
building, or within one thousand feet of the boundaries of any | 4459 |
school premises. | 4460 |
(Q) "School" means any school operated by a board of | 4461 |
education, any community school established under Chapter 3314. of | 4462 |
the Revised Code, or any nonpublic school for which the state | 4463 |
board of education prescribes minimum standards under section | 4464 |
3301.07 of the Revised Code, whether or not any instruction, | 4465 |
extracurricular activities, or training provided by the school is | 4466 |
being conducted at the time a criminal offense is committed. | 4467 |
(R) "School premises" means either of the following: | 4468 |
(1) The parcel of real property on which any school is | 4469 |
situated, whether or not any instruction, extracurricular | 4470 |
activities, or training provided by the school is being conducted | 4471 |
on the premises at the time a criminal offense is committed; | 4472 |
(2) Any other parcel of real property that is owned or leased | 4473 |
by a board of education of a school, the governing authority of a | 4474 |
community school established under Chapter 3314. of the Revised | 4475 |
Code, or the governing body of a nonpublic school for which the | 4476 |
state board of education prescribes minimum standards under | 4477 |
section 3301.07 of the Revised Code and on which some of the | 4478 |
instruction, extracurricular activities, or training of the school | 4479 |
is conducted, whether or not any instruction, extracurricular | 4480 |
activities, or training provided by the school is being conducted | 4481 |
on the parcel of real property at the time a criminal offense is | 4482 |
committed. | 4483 |
(S) "School building" means any building in which any of the | 4484 |
instruction, extracurricular activities, or training provided by a | 4485 |
school is conducted, whether or not any instruction, | 4486 |
extracurricular activities, or training provided by the school is | 4487 |
being conducted in the school building at the time a criminal | 4488 |
offense is committed. | 4489 |
(T) "Disciplinary counsel" means the disciplinary counsel | 4490 |
appointed by the board of commissioners on grievances and | 4491 |
discipline of the supreme court under the Rules for the Government | 4492 |
of the Bar of Ohio. | 4493 |
(U) "Certified grievance committee" means a duly constituted | 4494 |
and organized committee of the Ohio state bar association or of | 4495 |
one or more local bar associations of the state of Ohio that | 4496 |
complies with the criteria set forth in Rule V, section 6 of the | 4497 |
Rules for the Government of the Bar of Ohio. | 4498 |
(V) "Professional license" means any license, permit, | 4499 |
certificate, registration, qualification, admission, temporary | 4500 |
license, temporary permit, temporary certificate, or temporary | 4501 |
registration that is described in divisions (W)(1) to (36) of this | 4502 |
section and that qualifies a person as a professionally licensed | 4503 |
person. | 4504 |
(W) "Professionally licensed person" means any of the | 4505 |
following: | 4506 |
(1) A person who has obtained a license as a manufacturer of | 4507 |
controlled substances or a wholesaler of controlled substances | 4508 |
under Chapter 3719. of the Revised Code; | 4509 |
(2) A person who has received a certificate or temporary | 4510 |
certificate as a certified public accountant or who has registered | 4511 |
as a public accountant under Chapter 4701. of the Revised Code and | 4512 |
who holds an Ohio permit issued under that chapter; | 4513 |
(3) A person who holds a certificate of qualification to | 4514 |
practice architecture issued or renewed and registered under | 4515 |
Chapter 4703. of the Revised Code; | 4516 |
(4) A person who is registered as a landscape architect under | 4517 |
Chapter 4703. of the Revised Code or who holds a permit as a | 4518 |
landscape architect issued under that chapter; | 4519 |
(5) A person licensed under Chapter 4707. of the Revised | 4520 |
Code; | 4521 |
(6) A person who has been issued a certificate of | 4522 |
registration as a registered barber under Chapter 4709. of the | 4523 |
Revised Code; | 4524 |
(7) A person licensed and regulated to engage in the business | 4525 |
of a debt pooling company by a legislative authority, under | 4526 |
authority of Chapter 4710. of the Revised Code; | 4527 |
(8) A person who has been issued a cosmetologist's license, | 4528 |
hair designer's license, manicurist's license, esthetician's | 4529 |
license, natural hair stylist's license, managing cosmetologist's | 4530 |
license, managing hair designer's license, managing manicurist's | 4531 |
license, managing esthetician's license, managing natural hair | 4532 |
stylist's license, cosmetology instructor's license, hair design | 4533 |
instructor's license, manicurist instructor's license, esthetics | 4534 |
instructor's license, natural hair style instructor's license, | 4535 |
independent contractor's license, or tanning facility permit under | 4536 |
Chapter 4713. of the Revised Code; | 4537 |
(9) A person who has been issued a license to practice | 4538 |
dentistry, a general anesthesia permit, a conscious intravenous | 4539 |
sedation permit, a limited resident's license, a limited teaching | 4540 |
license, a dental hygienist's license, or a dental hygienist's | 4541 |
teacher's certificate under Chapter 4715. of the Revised Code; | 4542 |
(10) A person who has been issued an embalmer's license, a | 4543 |
funeral director's license, a funeral home license, or a crematory | 4544 |
license, or who has been registered for an embalmer's or funeral | 4545 |
director's apprenticeship under Chapter 4717. of the Revised Code; | 4546 |
(11) A person who has been licensed as a registered nurse or | 4547 |
practical nurse, or who has been issued a certificate for the | 4548 |
practice of nurse-midwifery under Chapter 4723. of the Revised | 4549 |
Code; | 4550 |
(12) A person who has been licensed to practice optometry or | 4551 |
to engage in optical dispensing under Chapter 4725. of the Revised | 4552 |
Code; | 4553 |
(13) A person licensed to act as a pawnbroker under Chapter | 4554 |
4727. of the Revised Code; | 4555 |
(14) A person licensed to act as a precious metals dealer | 4556 |
under Chapter 4728. of the Revised Code; | 4557 |
(15) A person licensed as a pharmacist, a pharmacy intern, a | 4558 |
wholesale distributor of dangerous drugs, or a terminal | 4559 |
distributor of dangerous drugs under Chapter 4729. of the Revised | 4560 |
Code; | 4561 |
(16) A person who is authorized to practice as a physician | 4562 |
assistant under Chapter 4730. of the Revised Code; | 4563 |
(17) A person who has been issued a certificate to practice | 4564 |
medicine and surgery, osteopathic medicine and surgery, a limited | 4565 |
branch of medicine, or podiatry under Chapter 4731. of the Revised | 4566 |
Code; | 4567 |
(18) A person licensed as a psychologist or school | 4568 |
psychologist under Chapter 4732. of the Revised Code; | 4569 |
(19) A person registered to practice the profession of | 4570 |
engineering or surveying under Chapter 4733. of the Revised Code; | 4571 |
(20) A person who has been issued a license to practice | 4572 |
chiropractic under Chapter 4734. of the Revised Code; | 4573 |
(21) A person licensed to act as a real estate broker or real | 4574 |
estate salesperson under Chapter 4735. of the Revised Code; | 4575 |
(22) A person registered as a registered sanitarian under | 4576 |
Chapter 4736. of the Revised Code; | 4577 |
(23) A person licensed to operate or maintain a junkyard | 4578 |
under Chapter 4737. of the Revised Code; | 4579 |
(24) A person who has been issued a motor vehicle salvage | 4580 |
dealer's license under Chapter 4738. of the Revised Code; | 4581 |
(25) A person who has been licensed to act as a steam | 4582 |
engineer under Chapter 4739. of the Revised Code; | 4583 |
(26) A person who has been issued a license or temporary | 4584 |
permit to practice veterinary medicine or any of its branches, or | 4585 |
who is registered as a graduate animal technician under Chapter | 4586 |
4741. of the Revised Code; | 4587 |
(27) A person who has been issued a hearing aid dealer's or | 4588 |
fitter's license or trainee permit under Chapter 4747. of the | 4589 |
Revised Code; | 4590 |
(28) A person who has been issued a class A, class B, or | 4591 |
class C license or who has been registered as an investigator or | 4592 |
security guard employee under Chapter 4749. of the Revised Code; | 4593 |
(29) A person licensed and registered to practice as a | 4594 |
nursing home administrator under Chapter 4751. of the Revised | 4595 |
Code; | 4596 |
(30) A person licensed to practice as a speech-language | 4597 |
pathologist or audiologist under Chapter 4753. of the Revised | 4598 |
Code; | 4599 |
(31) A person issued a license as an occupational therapist | 4600 |
or physical therapist under Chapter 4755. of the Revised Code; | 4601 |
(32) A person who is licensed as a professional clinical | 4602 |
counselor or professional counselor, licensed as a social worker | 4603 |
or independent social worker, or registered as a social work | 4604 |
assistant under Chapter 4757. of the Revised Code; | 4605 |
(33) A person issued a license to practice dietetics under | 4606 |
Chapter 4759. of the Revised Code; | 4607 |
(34) A person who has been issued a license or limited permit | 4608 |
to practice respiratory therapy under Chapter 4761. of the Revised | 4609 |
Code; | 4610 |
(35) A person who has been issued a real estate appraiser | 4611 |
certificate under Chapter 4763. of the Revised Code; | 4612 |
(36) A person who has been admitted to the bar by order of | 4613 |
the supreme court in compliance with its prescribed and published | 4614 |
rules. | 4615 |
(X) "Cocaine" means any of the following: | 4616 |
(1) A cocaine salt, isomer, or derivative, a salt of a | 4617 |
cocaine isomer or derivative, or the base form of cocaine; | 4618 |
(2) Coca leaves or a salt, compound, derivative, or | 4619 |
preparation of coca leaves, including ecgonine, a salt, isomer, or | 4620 |
derivative of ecgonine, or a salt of an isomer or derivative of | 4621 |
ecgonine; | 4622 |
(3) A salt, compound, derivative, or preparation of a | 4623 |
substance identified in division (X)(1) or (2) of this section | 4624 |
that is chemically equivalent to or identical with any of those | 4625 |
substances, except that the substances shall not include | 4626 |
decocainized coca leaves or extraction of coca leaves if the | 4627 |
extractions do not contain cocaine or ecgonine. | 4628 |
(Y) "L.S.D." means lysergic acid diethylamide. | 4629 |
(Z) "Hashish" means the resin or a preparation of the resin | 4630 |
contained in marihuana, whether in solid form or in a liquid | 4631 |
concentrate, liquid extract, or liquid distillate form. | 4632 |
(AA) "Marihuana" has the same meaning as in section 3719.01 | 4633 |
of the Revised Code, except that it does not include hashish. | 4634 |
(BB) An offense is "committed in the vicinity of a juvenile" | 4635 |
if the offender commits the offense within one hundred feet of a | 4636 |
juvenile or within the view of a juvenile, regardless of whether | 4637 |
the offender knows the age of the juvenile, whether the offender | 4638 |
knows the offense is being committed within one hundred feet of or | 4639 |
within view of the juvenile, or whether the juvenile actually | 4640 |
views the commission of the offense. | 4641 |
(CC) "Presumption for a prison term" or "presumption that a | 4642 |
prison term shall be imposed" means a presumption, as described in | 4643 |
division (D) of section 2929.13 of the Revised Code, that a prison | 4644 |
term is a necessary sanction for a felony in order to comply with | 4645 |
the purposes and principles of sentencing under section 2929.11 of | 4646 |
the Revised Code. | 4647 |
(DD) "Major drug offender" has the same meaning as in section | 4648 |
2929.01 of the Revised Code. | 4649 |
(EE) "Minor drug possession offense" means either of the | 4650 |
following: | 4651 |
(1) A violation of section 2925.11 of the Revised Code as it | 4652 |
existed prior to July 1, 1996; | 4653 |
(2) A violation of section 2925.11 of the Revised Code as it | 4654 |
exists on and after July 1, 1996, that is a misdemeanor or a | 4655 |
felony of the fifth degree. | 4656 |
(FF) "Mandatory prison term" has the same meaning as in | 4657 |
section 2929.01 of the Revised Code. | 4658 |
(GG)
| 4659 |
4660 | |
4661 | |
4662 | |
4663 |
| 4664 |
described in section 3715.63 of the Revised Code. | 4665 |
| 4666 |
tavern, store, arena, hall, or other place of public | 4667 |
accommodation, business, amusement, or resort. | 4668 |
| 4669 |
isomer, or salt of an isomer of methamphetamine, or any compound, | 4670 |
mixture, preparation, or substance containing methamphetamine or | 4671 |
any salt, isomer, or salt of an isomer of methamphetamine. | 4672 |
| 4673 |
issued for a legitimate medical purpose by a licensed health | 4674 |
professional authorized to prescribe drugs, that is not altered or | 4675 |
forged, and that was not obtained by means of deception or by the | 4676 |
commission of any theft offense. | 4677 |
| 4678 |
meanings as in section 2913.01 of the Revised Code. | 4679 |
Sec. 2925.03. (A) No person shall knowingly do any of the | 4680 |
following: | 4681 |
(1) Sell or offer to sell a controlled substance; | 4682 |
(2) Prepare for shipment, ship, transport, deliver, prepare | 4683 |
for distribution, or distribute a controlled substance, when the | 4684 |
offender knows or has reasonable cause to believe that the | 4685 |
controlled substance is intended for sale or resale by the | 4686 |
offender or another person. | 4687 |
(B) This section does not apply to any of the following: | 4688 |
(1) Manufacturers, licensed health professionals authorized | 4689 |
to prescribe drugs, pharmacists, owners of pharmacies, and other | 4690 |
persons whose conduct is in accordance with Chapters 3719., 4715., | 4691 |
4723., 4729., 4730., 4731., and 4741. of the Revised Code; | 4692 |
(2) If the offense involves an anabolic steroid, any person | 4693 |
who is conducting or participating in a research project involving | 4694 |
the use of an anabolic steroid if the project has been approved by | 4695 |
the United States food and drug administration; | 4696 |
(3) Any person who sells, offers for sale, prescribes, | 4697 |
dispenses, or administers for livestock or other nonhuman species | 4698 |
an anabolic steroid that is expressly intended for administration | 4699 |
through implants to livestock or other nonhuman species and | 4700 |
approved for that purpose under the "Federal Food, Drug, and | 4701 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 4702 |
and is sold, offered for sale, prescribed, dispensed, or | 4703 |
administered for that purpose in accordance with that act. | 4704 |
(C) Whoever violates division (A) of this section is guilty | 4705 |
of one of the following: | 4706 |
(1) If the drug involved in the violation is any compound, | 4707 |
mixture, preparation, or substance included in schedule I or | 4708 |
schedule II, with the exception of marihuana, cocaine, L.S.D., | 4709 |
heroin, and hashish, whoever violates division (A) of this section | 4710 |
is guilty of aggravated trafficking in drugs. The penalty for the | 4711 |
offense shall be determined as follows: | 4712 |
(a) Except as otherwise provided in division (C)(1)(b), (c), | 4713 |
(d), (e), or (f) of this section, aggravated trafficking in drugs | 4714 |
is a felony of the fourth degree, and division (C) of section | 4715 |
2929.13 of the Revised Code applies in determining whether to | 4716 |
impose a prison term on the offender. | 4717 |
(b) Except as otherwise provided in division (C)(1)(c), (d), | 4718 |
(e), or (f) of this section, if the offense was committed in the | 4719 |
vicinity of a school or in the vicinity of a juvenile, aggravated | 4720 |
trafficking in drugs is a felony of the third degree, and division | 4721 |
(C) of section 2929.13 of the Revised Code applies in determining | 4722 |
whether to impose a prison term on the offender. | 4723 |
(c) Except as otherwise provided in this division, if the | 4724 |
amount of the drug involved equals or exceeds the bulk amount but | 4725 |
is less than five times the bulk amount, aggravated trafficking in | 4726 |
drugs is a felony of the third degree, and the court shall impose | 4727 |
as a mandatory prison term one of the prison terms prescribed for | 4728 |
a felony of the third degree. If the amount of the drug involved | 4729 |
is within that range and if the offense was committed in the | 4730 |
vicinity of a school or in the vicinity of a juvenile, aggravated | 4731 |
trafficking in drugs is a felony of the second degree, and the | 4732 |
court shall impose as a mandatory prison term one of the prison | 4733 |
terms prescribed for a felony of the second degree. | 4734 |
(d) Except as otherwise provided in this division, if the | 4735 |
amount of the drug involved equals or exceeds five times the bulk | 4736 |
amount but is less than fifty times the bulk amount, aggravated | 4737 |
trafficking in drugs is a felony of the second degree, and the | 4738 |
court shall impose as a mandatory prison term one of the prison | 4739 |
terms prescribed for a felony of the second degree. If the amount | 4740 |
of the drug involved is within that range and if the offense was | 4741 |
committed in the vicinity of a school or in the vicinity of a | 4742 |
juvenile, aggravated trafficking in drugs is a felony of the first | 4743 |
degree, and the court shall impose as a mandatory prison term one | 4744 |
of the prison terms prescribed for a felony of the first degree. | 4745 |
(e) If the amount of the drug involved equals or exceeds | 4746 |
fifty times the bulk amount but is less than one hundred times the | 4747 |
bulk amount and regardless of whether the offense was committed in | 4748 |
the vicinity of a school or in the vicinity of a juvenile, | 4749 |
aggravated trafficking in drugs is a felony of the first degree, | 4750 |
and the court shall impose as a mandatory prison term one of the | 4751 |
prison terms prescribed for a felony of the first degree. | 4752 |
(f) If the amount of the drug involved equals or exceeds one | 4753 |
hundred times the bulk amount and regardless of whether the | 4754 |
offense was committed in the vicinity of a school or in the | 4755 |
vicinity of a juvenile, aggravated trafficking in drugs is a | 4756 |
felony of the first degree, the offender is a major drug offender, | 4757 |
and the court shall impose as a mandatory prison term the maximum | 4758 |
prison term prescribed for a felony of the first degree and may | 4759 |
impose an additional prison term prescribed for a major drug | 4760 |
offender under division (D)(3)(b) of section 2929.14 of the | 4761 |
Revised Code. | 4762 |
(2) If the drug involved in the violation is any compound, | 4763 |
mixture, preparation, or substance included in schedule III, IV, | 4764 |
or V, whoever violates division (A) of this section is guilty of | 4765 |
trafficking in drugs. The penalty for the offense shall be | 4766 |
determined as follows: | 4767 |
(a) Except as otherwise provided in division (C)(2)(b), (c), | 4768 |
(d), or (e) of this section, trafficking in drugs is a felony of | 4769 |
the fifth degree, and division (C) of section 2929.13 of the | 4770 |
Revised Code applies in determining whether to impose a prison | 4771 |
term on the offender. | 4772 |
(b) Except as otherwise provided in division (C)(2)(c), (d), | 4773 |
or (e) of this section, if the offense was committed in the | 4774 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 4775 |
in drugs is a felony of the fourth degree, and division (C) of | 4776 |
section 2929.13 of the Revised Code applies in determining whether | 4777 |
to impose a prison term on the offender. | 4778 |
(c) Except as otherwise provided in this division, if the | 4779 |
amount of the drug involved equals or exceeds the bulk amount but | 4780 |
is less than five times the bulk amount, trafficking in drugs is a | 4781 |
felony of the fourth degree, and there is a presumption for a | 4782 |
prison term for the offense. If the amount of the drug involved is | 4783 |
within that range and if the offense was committed in the vicinity | 4784 |
of a school or in the vicinity of a juvenile, trafficking in drugs | 4785 |
is a felony of the third degree, and there is a presumption for a | 4786 |
prison term for the offense. | 4787 |
(d) Except as otherwise provided in this division, if the | 4788 |
amount of the drug involved equals or exceeds five times the bulk | 4789 |
amount but is less than fifty times the bulk amount, trafficking | 4790 |
in drugs is a felony of the third degree, and there is a | 4791 |
presumption for a prison term for the offense. If the amount of | 4792 |
the drug involved is within that range and if the offense was | 4793 |
committed in the vicinity of a school or in the vicinity of a | 4794 |
juvenile, trafficking in drugs is a felony of the second degree, | 4795 |
and there is a presumption for a prison term for the offense. | 4796 |
(e) Except as otherwise provided in this division, if the | 4797 |
amount of the drug involved equals or exceeds fifty times the bulk | 4798 |
amount, trafficking in drugs is a felony of the second degree, and | 4799 |
the court shall impose as a mandatory prison term one of the | 4800 |
prison terms prescribed for a felony of the second degree. If the | 4801 |
amount of the drug involved equals or exceeds fifty times the bulk | 4802 |
amount and if the offense was committed in the vicinity of a | 4803 |
school or in the vicinity of a juvenile, trafficking in drugs is a | 4804 |
felony of the first degree, and the court shall impose as a | 4805 |
mandatory prison term one of the prison terms prescribed for a | 4806 |
felony of the first degree. | 4807 |
(3) If the drug involved in the violation is marihuana or a | 4808 |
compound, mixture, preparation, or substance containing marihuana | 4809 |
other than hashish, whoever violates division (A) of this section | 4810 |
is guilty of trafficking in marihuana. The penalty for the offense | 4811 |
shall be determined as follows: | 4812 |
(a) Except as otherwise provided in division (C)(3)(b), (c), | 4813 |
(d), (e),
(f), | 4814 |
marihuana is
a felony of the
fifth degree, and
division | 4815 |
section 2929.13 of the Revised Code applies in determining whether | 4816 |
to impose a prison term on the offender. | 4817 |
(b) Except as otherwise provided in division (C)(3)(c), (d), | 4818 |
(e), (f), | 4819 |
committed in the vicinity of a school or in the vicinity of a | 4820 |
juvenile, trafficking in marihuana is a felony of the fourth | 4821 |
degree, and
division | 4822 |
applies in determining whether to impose a prison term on the | 4823 |
offender. | 4824 |
(c) Except as otherwise provided in this division, if the | 4825 |
amount of the drug involved equals or exceeds two hundred grams | 4826 |
but is less than one thousand grams, trafficking in marihuana is a | 4827 |
felony
of the fourth degree, and division | 4828 |
2929.13 of the Revised Code applies in determining whether to | 4829 |
impose a prison term on the offender. If the amount of the drug | 4830 |
involved is within that range and if the offense was committed in | 4831 |
the vicinity of a school or in the vicinity of a juvenile, | 4832 |
trafficking in marihuana is a felony of the third degree, and | 4833 |
division (C) of section 2929.13 of the Revised Code applies in | 4834 |
determining whether to impose a prison term on the offender. | 4835 |
(d) Except as otherwise provided in this division, if the | 4836 |
amount of the drug involved equals or exceeds one thousand grams | 4837 |
but is less than five thousand grams, trafficking in marihuana is | 4838 |
a felony of the third degree, and division (C) of section 2929.13 | 4839 |
of the Revised Code applies in determining whether to impose a | 4840 |
prison term on the offender. If the amount of the drug involved is | 4841 |
within that range and if the offense was committed in the vicinity | 4842 |
of a school or in the vicinity of a juvenile, trafficking in | 4843 |
marihuana is a felony of the second degree, and there is a | 4844 |
presumption that a prison term shall be imposed for the offense. | 4845 |
(e) Except as otherwise provided in this division, if the | 4846 |
amount of the drug involved equals or exceeds five thousand grams | 4847 |
but is less than twenty thousand grams, trafficking in marihuana | 4848 |
is a felony of the third degree, and there is a presumption that a | 4849 |
prison term shall be imposed for the offense. If the amount of the | 4850 |
drug involved is within that range and if the offense was | 4851 |
committed in the vicinity of a school or in the vicinity of a | 4852 |
juvenile, trafficking in marihuana is a felony of the second | 4853 |
degree, and there is a presumption that a prison term shall be | 4854 |
imposed for the offense. | 4855 |
(f) Except as otherwise provided in this division, if the | 4856 |
amount of the drug involved equals or exceeds twenty thousand | 4857 |
grams but is less than forty thousand grams, trafficking in | 4858 |
marihuana is a felony of the second degree, and the court shall | 4859 |
impose a mandatory prison term of five, six, seven, or eight | 4860 |
years. If the amount of the drug involved is within that range and | 4861 |
if the offense was committed in the vicinity of a school or in the | 4862 |
vicinity of a juvenile, trafficking in marihuana is a felony of | 4863 |
the first degree, and the court shall impose as a mandatory prison | 4864 |
term the maximum prison term prescribed for a felony of the first | 4865 |
degree. | 4866 |
(g) Except as otherwise provided in this division, if the | 4867 |
amount of the drug involved equals or exceeds forty thousand | 4868 |
grams, trafficking in marihuana is a felony of the second degree, | 4869 |
and the court shall impose as a mandatory prison term the maximum | 4870 |
prison term prescribed for a felony of the second degree. If the | 4871 |
amount of the drug involved equals or exceeds | 4872 |
thousand grams and if the offense was committed in the vicinity of | 4873 |
a school or in the vicinity of a juvenile, trafficking in | 4874 |
marihuana is a felony of the first degree, and the court shall | 4875 |
impose as a mandatory prison term the maximum prison term | 4876 |
prescribed for a felony of the first degree. | 4877 |
| 4878 |
offense involves a gift of twenty grams or less of marihuana, | 4879 |
trafficking in marihuana is a minor misdemeanor upon a first | 4880 |
offense and a misdemeanor of the third degree upon a subsequent | 4881 |
offense. If the offense involves a gift of twenty grams or less of | 4882 |
marihuana and if the offense was committed in the vicinity of a | 4883 |
school or in the vicinity of a juvenile, trafficking in marihuana | 4884 |
is a misdemeanor of the third degree. | 4885 |
(4) If the drug involved in the violation is cocaine or a | 4886 |
compound, mixture, preparation, or substance containing cocaine, | 4887 |
whoever violates division (A) of this section is guilty of | 4888 |
trafficking in cocaine. The penalty for the offense shall be | 4889 |
determined as follows: | 4890 |
(a) Except as otherwise provided in division (C)(4)(b), (c), | 4891 |
(d), (e), (f), or (g) of this section, trafficking in cocaine is a | 4892 |
felony of the fifth degree, and division (C) of section 2929.13 of | 4893 |
the Revised Code applies in determining whether to impose a prison | 4894 |
term on the offender. | 4895 |
(b) Except as otherwise provided in division (C)(4)(c), (d), | 4896 |
(e), (f), or (g) of this section, if the offense was committed in | 4897 |
the vicinity of a school or in the vicinity of a juvenile, | 4898 |
trafficking in cocaine is a felony of the fourth degree, and | 4899 |
division (C) of section 2929.13 of the Revised Code applies in | 4900 |
determining whether to impose a prison term on the offender. | 4901 |
(c) Except as otherwise provided in this division, if the | 4902 |
amount of the drug involved equals or exceeds five grams but is | 4903 |
less than
ten grams of
cocaine
| 4904 |
4905 | |
trafficking in cocaine is a felony of the fourth degree, and there | 4906 |
is a presumption for a prison term for the offense. If the amount | 4907 |
of the drug involved is within | 4908 |
if the offense was committed in the vicinity of a school or in the | 4909 |
vicinity of a juvenile, trafficking in cocaine is a felony of the | 4910 |
third degree, and there is a presumption for a prison term for the | 4911 |
offense. | 4912 |
(d) Except as otherwise provided in this division, if the | 4913 |
amount of the drug involved equals or exceeds ten grams but is | 4914 |
less than
| 4915 |
4916 | |
4917 | |
degree, and the court shall impose as a mandatory prison term one | 4918 |
of the prison terms prescribed for a felony of the third degree. | 4919 |
If the amount of the drug involved is within | 4920 |
that range and if the offense was committed in the vicinity of a | 4921 |
school or in the vicinity of a juvenile, trafficking in cocaine is | 4922 |
a felony of the second degree, and the court shall impose as a | 4923 |
mandatory prison term one of the prison terms prescribed for a | 4924 |
felony of the second degree. | 4925 |
(e) Except as otherwise provided in this division, if the | 4926 |
amount
of the drug involved equals or exceeds | 4927 |
grams
but is less
than | 4928 |
4929 | |
4930 | |
cocaine is a felony of the second degree, and the court shall | 4931 |
impose as a mandatory prison term one of the prison terms | 4932 |
prescribed for a felony of the second degree. If the amount of the | 4933 |
drug involved
is
within
| 4934 |
offense was committed in the vicinity of a school or in the | 4935 |
vicinity of a juvenile, trafficking in cocaine is a felony of | 4936 |
the first degree, and the court shall impose as a mandatory | 4937 |
prison term one of the prison terms prescribed for a felony of | 4938 |
the first degree. | 4939 |
(f) If the amount of the drug involved equals or exceeds
| 4940 |
4941 | |
grams
of cocaine
| 4942 |
4943 | |
4944 | |
the vicinity of a school or in the vicinity of a juvenile, | 4945 |
trafficking in cocaine is a felony of the first degree, and the | 4946 |
court shall impose as a mandatory prison term one of the prison | 4947 |
terms prescribed for a felony of the first degree. | 4948 |
(g) If the amount of the drug involved equals or exceeds one | 4949 |
4950 | |
4951 | |
regardless of whether the offense was committed in the vicinity of | 4952 |
a school or in the vicinity of a juvenile, trafficking in cocaine | 4953 |
is a felony of the first degree, the offender is a major drug | 4954 |
offender, and the court shall impose as a mandatory prison term | 4955 |
the maximum prison term prescribed for a felony of the first | 4956 |
degree and may impose an additional mandatory prison term | 4957 |
prescribed for a major drug offender under division (D)(3)(b) of | 4958 |
section 2929.14 of the Revised Code. | 4959 |
(5) If the drug involved in the violation is L.S.D. or a | 4960 |
compound, mixture, preparation, or substance containing L.S.D., | 4961 |
whoever violates division (A) of this section is guilty of | 4962 |
trafficking in L.S.D. The penalty for the offense shall be | 4963 |
determined as follows: | 4964 |
(a) Except as otherwise provided in division (C)(5)(b), (c), | 4965 |
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a | 4966 |
felony of the fifth degree, and division (C) of section 2929.13 of | 4967 |
the Revised Code applies in determining whether to impose a prison | 4968 |
term on the offender. | 4969 |
(b) Except as otherwise provided in division (C)(5)(c), (d), | 4970 |
(e), (f), or (g) of this section, if the offense was committed in | 4971 |
the vicinity of a school or in the vicinity of a juvenile, | 4972 |
trafficking in L.S.D. is a felony of the fourth degree, and | 4973 |
division (C) of section 2929.13 of the Revised Code applies in | 4974 |
determining whether to impose a prison term on the offender. | 4975 |
(c) Except as otherwise provided in this division, if the | 4976 |
amount of the drug involved equals or exceeds ten unit doses but | 4977 |
is less than fifty unit doses of L.S.D. in a solid form or equals | 4978 |
or exceeds one gram but is less than five grams of L.S.D. in a | 4979 |
liquid concentrate, liquid extract, or liquid distillate form, | 4980 |
trafficking in L.S.D. is a felony of the fourth degree, and there | 4981 |
is a presumption for a prison term for the offense. If the amount | 4982 |
of the drug involved is within that range and if the offense was | 4983 |
committed in the vicinity of a school or in the vicinity of a | 4984 |
juvenile, trafficking in L.S.D. is a felony of the third degree, | 4985 |
and there is a presumption for a prison term for the offense. | 4986 |
(d) Except as otherwise provided in this division, if the | 4987 |
amount of the drug involved equals or exceeds fifty unit doses but | 4988 |
is less than two hundred fifty unit doses of L.S.D. in a solid | 4989 |
form or equals or exceeds five grams but is less than twenty-five | 4990 |
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid | 4991 |
distillate form, trafficking in L.S.D. is a felony of the third | 4992 |
degree, and the court shall impose as a mandatory prison term one | 4993 |
of the prison terms prescribed for a felony of the third degree. | 4994 |
If the amount of the drug involved is within that range and if the | 4995 |
offense was committed in the vicinity of a school or in the | 4996 |
vicinity of a juvenile, trafficking in L.S.D. is a felony of the | 4997 |
second degree, and the court shall impose as a mandatory prison | 4998 |
term one of the prison terms prescribed for a felony of the second | 4999 |
degree. | 5000 |
(e) Except as otherwise provided in this division, if the | 5001 |
amount of the drug involved equals or exceeds two hundred fifty | 5002 |
unit doses but is less than one thousand unit doses of L.S.D. in a | 5003 |
solid form or equals or exceeds twenty-five grams but is less than | 5004 |
one hundred grams of L.S.D. in a liquid concentrate, liquid | 5005 |
extract, or liquid distillate form, trafficking in L.S.D. is a | 5006 |
felony of the second degree, and the court shall impose as a | 5007 |
mandatory prison term one of the prison terms prescribed for a | 5008 |
felony of the second degree. If the amount of the drug involved is | 5009 |
within that range and if the offense was committed in the vicinity | 5010 |
of a school or in the vicinity of a juvenile, trafficking in | 5011 |
L.S.D. is a felony of the first degree, and the court shall impose | 5012 |
as a mandatory prison term one of the prison terms prescribed for | 5013 |
a felony of the first degree. | 5014 |
(f) If the amount of the drug involved equals or exceeds one | 5015 |
thousand unit doses but is less than five thousand unit doses of | 5016 |
L.S.D. in a solid form or equals or exceeds one hundred grams but | 5017 |
is less than five hundred grams of L.S.D. in a liquid concentrate, | 5018 |
liquid extract, or liquid distillate form and regardless of | 5019 |
whether the offense was committed in the vicinity of a school or | 5020 |
in the vicinity of a juvenile, trafficking in L.S.D. is a felony | 5021 |
of the first degree, and the court shall impose as a mandatory | 5022 |
prison term one of the prison terms prescribed for a felony of the | 5023 |
first degree. | 5024 |
(g) If the amount of the drug involved equals or exceeds five | 5025 |
thousand unit doses of L.S.D. in a solid form or equals or exceeds | 5026 |
five hundred grams of L.S.D. in a liquid concentrate, liquid | 5027 |
extract, or liquid distillate form and regardless of whether the | 5028 |
offense was committed in the vicinity of a school or in the | 5029 |
vicinity of a juvenile, trafficking in L.S.D. is a felony of the | 5030 |
first degree, the offender is a major drug offender, and the court | 5031 |
shall impose as a mandatory prison term the maximum prison term | 5032 |
prescribed for a felony of the first degree and may impose an | 5033 |
additional mandatory prison term prescribed for a major drug | 5034 |
offender under division (D)(3)(b) of section 2929.14 of the | 5035 |
Revised Code. | 5036 |
(6) If the drug involved in the violation is heroin or a | 5037 |
compound, mixture, preparation, or substance containing heroin, | 5038 |
whoever violates division (A) of this section is guilty of | 5039 |
trafficking in heroin. The penalty for the offense shall be | 5040 |
determined as follows: | 5041 |
(a) Except as otherwise provided in division (C)(6)(b), (c), | 5042 |
(d), (e), (f), or (g) of this section, trafficking in heroin is a | 5043 |
felony of the fifth degree, and division (C) of section 2929.13 of | 5044 |
the Revised Code applies in determining whether to impose a prison | 5045 |
term on the offender. | 5046 |
(b) Except as otherwise provided in division (C)(6)(c), (d), | 5047 |
(e), (f), or (g) of this section, if the offense was committed in | 5048 |
the vicinity of a school or in the vicinity of a juvenile, | 5049 |
trafficking in heroin is a felony of the fourth degree, and | 5050 |
division (C) of section 2929.13 of the Revised Code applies in | 5051 |
determining whether to impose a prison term on the offender. | 5052 |
(c) Except as otherwise provided in this division, if the | 5053 |
amount of the drug involved equals or exceeds ten unit doses but | 5054 |
is less than fifty unit doses or equals or exceeds one gram but is | 5055 |
less than five grams, trafficking in heroin is a felony of the | 5056 |
fourth degree, and there is a presumption for a prison term for | 5057 |
the offense. If the amount of the drug involved is within that | 5058 |
range and if the offense was committed in the vicinity of a school | 5059 |
or in the vicinity of a juvenile, trafficking in heroin is a | 5060 |
felony of the third degree, and there is a presumption for a | 5061 |
prison term for the offense. | 5062 |
(d) Except as otherwise provided in this division, if the | 5063 |
amount of the drug involved equals or exceeds fifty unit doses but | 5064 |
is less than one hundred unit doses or equals or exceeds five | 5065 |
grams but is less than ten grams, trafficking in heroin is a | 5066 |
felony of the third degree, and there is a presumption for a | 5067 |
prison term for the offense. If the amount of the drug involved | 5068 |
is within that range and if the offense was committed in the | 5069 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 5070 |
in heroin is a felony of the second degree, and there is a | 5071 |
presumption for a prison term for the offense. | 5072 |
(e) Except as otherwise provided in this division, if the | 5073 |
amount of the drug involved equals or exceeds one hundred unit | 5074 |
doses but is less than five hundred unit doses or equals or | 5075 |
exceeds ten grams but is less than fifty grams, trafficking in | 5076 |
heroin is a felony of the second degree, and the court shall | 5077 |
impose as a mandatory prison term one of the prison terms | 5078 |
prescribed for a felony of the second degree. If the amount of the | 5079 |
drug involved is within that range and if the offense was | 5080 |
committed in the vicinity of a school or in the vicinity of a | 5081 |
juvenile, trafficking in heroin is a felony of the first degree, | 5082 |
and the court shall impose as a mandatory prison term one of the | 5083 |
prison terms prescribed for a felony of the first degree. | 5084 |
(f) If the amount of the drug involved equals or exceeds five | 5085 |
hundred unit doses but is less than two thousand five hundred unit | 5086 |
doses or equals or exceeds fifty grams but is less than two | 5087 |
hundred fifty grams and regardless of whether the offense was | 5088 |
committed in the vicinity of a school or in the vicinity of a | 5089 |
juvenile, trafficking in heroin is a felony of the first degree, | 5090 |
and the court shall impose as a mandatory prison term one of the | 5091 |
prison terms prescribed for a felony of the first degree. | 5092 |
(g) If the amount of the drug involved equals or exceeds two | 5093 |
thousand five hundred unit doses or equals or exceeds two hundred | 5094 |
fifty grams and regardless of whether the offense was committed in | 5095 |
the vicinity of a school or in the vicinity of a juvenile, | 5096 |
trafficking in heroin is a felony of the first degree, the | 5097 |
offender is a major drug offender, and the court shall impose as a | 5098 |
mandatory prison term the maximum prison term prescribed for a | 5099 |
felony of the first degree and may impose an additional mandatory | 5100 |
prison term prescribed for a major drug offender under division | 5101 |
(D)(3)(b) of section 2929.14 of the Revised Code. | 5102 |
(7) If the drug involved in the violation is hashish or a | 5103 |
compound, mixture, preparation, or substance containing hashish, | 5104 |
whoever violates division (A) of this section is guilty of | 5105 |
trafficking in hashish. The penalty for the offense shall be | 5106 |
determined as follows: | 5107 |
(a) Except as otherwise provided in division (C)(7)(b), (c), | 5108 |
(d), (e), | 5109 |
is a
felony of the fifth degree, and division
| 5110 |
2929.13 of the Revised Code applies in determining whether to | 5111 |
impose a prison term on the offender. | 5112 |
(b) Except as otherwise provided in division (C)(7)(c), (d), | 5113 |
(e), | 5114 |
in the vicinity of a school or in the vicinity of a juvenile, | 5115 |
trafficking in hashish is a felony of the fourth degree, and | 5116 |
division | 5117 |
determining whether to impose a prison term on the offender. | 5118 |
(c) Except as otherwise provided in this division, if the | 5119 |
amount of the drug involved equals or exceeds ten grams but is | 5120 |
less than fifty grams of hashish in a solid form or equals or | 5121 |
exceeds two grams but is less than ten grams of hashish in a | 5122 |
liquid concentrate, liquid extract, or liquid distillate form, | 5123 |
trafficking in hashish is a felony of the fourth degree, and | 5124 |
division | 5125 |
determining whether to impose a prison term on the offender. If | 5126 |
the amount of the drug involved is within that range and if the | 5127 |
offense was committed in the vicinity of a school or in the | 5128 |
vicinity of a juvenile, trafficking in hashish is a felony of the | 5129 |
third degree, and division (C) of section 2929.13 of the Revised | 5130 |
Code applies in determining whether to impose a prison term on the | 5131 |
offender. | 5132 |
(d) Except as otherwise provided in this division, if the | 5133 |
amount of the drug involved equals or exceeds fifty grams but is | 5134 |
less than two hundred fifty grams of hashish in a solid form or | 5135 |
equals or exceeds ten grams but is less than fifty grams of | 5136 |
hashish in a liquid concentrate, liquid extract, or liquid | 5137 |
distillate form, trafficking in hashish is a felony of the third | 5138 |
degree, and division (C) of section 2929.13 of the Revised Code | 5139 |
applies in determining whether to impose a prison term on the | 5140 |
offender. If the amount of the drug involved is within that range | 5141 |
and if the offense was committed in the vicinity of a school or in | 5142 |
the vicinity of a juvenile, trafficking in hashish is a felony of | 5143 |
the second degree, and there is a presumption that a prison term | 5144 |
shall be imposed for the offense. | 5145 |
(e) Except as otherwise provided in this division, if the | 5146 |
amount of the drug involved equals or exceeds two hundred fifty | 5147 |
grams but is less than one thousand grams of hashish in a solid | 5148 |
form or equals or exceeds fifty grams but is less than two hundred | 5149 |
grams of hashish in a liquid concentrate, liquid extract, or | 5150 |
liquid distillate form, trafficking in hashish is a felony of the | 5151 |
third degree, and there is a presumption that a prison term shall | 5152 |
be imposed for the offense. If the amount of the drug involved is | 5153 |
within that range and if the offense was committed in the vicinity | 5154 |
of a school or in the vicinity of a juvenile, trafficking in | 5155 |
hashish is a felony of the second degree, and there is a | 5156 |
presumption that a prison term shall be imposed for the offense. | 5157 |
(f) Except as otherwise provided in this division, if the | 5158 |
amount of the drug involved equals or exceeds one thousand grams | 5159 |
but is less than two thousand grams of hashish in a solid form or | 5160 |
equals or exceeds two hundred grams but is less than four hundred | 5161 |
grams of hashish in a liquid concentrate, liquid extract, or | 5162 |
liquid distillate form trafficking in hashish is a felony of the | 5163 |
second degree, and the court shall impose a mandatory prison term | 5164 |
of five, six, seven, or eight years. If the amount of the drug | 5165 |
involved is within that range and if the offense was committed in | 5166 |
the vicinity of a school or in the vicinity of a juvenile, | 5167 |
trafficking in hashish is a felony of the first degree, and the | 5168 |
court shall impose as a mandatory prison term the maximum prison | 5169 |
term prescribed for a felony of the first degree. | 5170 |
(g) Except as otherwise provided in this division, if the | 5171 |
amount of the drug involved equals or exceeds two thousand grams | 5172 |
of hashish in a solid form or equals or exceeds four hundred grams | 5173 |
of hashish in a liquid concentrate, liquid extract, or liquid | 5174 |
distillate form, trafficking in hashish is a felony of the second | 5175 |
degree, and the court shall impose as a mandatory prison term the | 5176 |
maximum prison term prescribed for a felony of the second degree. | 5177 |
If the amount of the drug
involved
| 5178 |
exceeds two thousand grams of hashish in a solid form or equals or | 5179 |
exceeds four hundred grams of hashish in a liquid concentrate, | 5180 |
liquid extract, or liquid distillate form and if the offense was | 5181 |
committed in the vicinity of a school or in the vicinity of a | 5182 |
juvenile, trafficking in hashish is a felony of the first degree, | 5183 |
and the court shall impose as a mandatory prison term the maximum | 5184 |
prison term prescribed for a felony of the first degree. | 5185 |
(D) In addition to any prison term authorized or required by | 5186 |
division (C) of this section and sections 2929.13 and 2929.14 of | 5187 |
the Revised Code, and in addition to any other sanction imposed | 5188 |
for the offense under this section or sections 2929.11 to 2929.18 | 5189 |
of the Revised Code, the court that sentences an offender who is | 5190 |
convicted of or pleads guilty to a violation of division (A) of | 5191 |
this section shall do all of the following that are applicable | 5192 |
regarding the offender: | 5193 |
(1) If the violation of division (A) of this section is a | 5194 |
felony of the first, second, or third degree, the court shall | 5195 |
impose upon the offender the mandatory fine specified for the | 5196 |
offense under division (B)(1) of section 2929.18 of the Revised | 5197 |
Code unless, as specified in that division, the court determines | 5198 |
that the offender is indigent. Except as otherwise provided in | 5199 |
division (H)(1) of this section, a mandatory fine or any other | 5200 |
fine imposed for a violation of this section is subject to | 5201 |
division (F) of this section. If a person is charged with a | 5202 |
violation of this section that is a felony of the first, second, | 5203 |
or third degree, posts bail, and forfeits the bail, the clerk of | 5204 |
the court shall pay the forfeited bail pursuant to divisions | 5205 |
(D)(1) and (F) of this section, as if the forfeited bail was a | 5206 |
fine imposed for a violation of this section. If any amount of the | 5207 |
forfeited bail remains after that payment and if a fine is imposed | 5208 |
under division (H)(1) of this section, the clerk of the court | 5209 |
shall pay the remaining amount of the forfeited bail pursuant to | 5210 |
divisions (H)(2) and (3) of this section, as if that remaining | 5211 |
amount was a fine imposed under division (H)(1) of this section. | 5212 |
(2) The court shall suspend the driver's or commercial | 5213 |
driver's license or permit of the offender in accordance with | 5214 |
division (G) of this section. | 5215 |
(3) If the offender is a professionally licensed person, the | 5216 |
court immediately shall comply with section 2925.38 of the Revised | 5217 |
Code. | 5218 |
(E) When a person is charged with the sale of or offer to | 5219 |
sell a bulk amount or a multiple of a bulk amount of a controlled | 5220 |
substance, the jury, or the court trying the accused, shall | 5221 |
determine the amount of the controlled substance involved at the | 5222 |
time of the offense and, if a guilty verdict is returned, shall | 5223 |
return the findings as part of the verdict. In any such case, it | 5224 |
is unnecessary to find and return the exact amount of the | 5225 |
controlled substance involved, and it is sufficient if the finding | 5226 |
and return is to the effect that the amount of the controlled | 5227 |
substance involved is the requisite amount, or that the amount of | 5228 |
the controlled substance involved is less than the requisite | 5229 |
amount. | 5230 |
(F)(1) Notwithstanding any contrary provision of section | 5231 |
3719.21 of the Revised Code and except as provided in division (H) | 5232 |
of this section, the clerk of the court shall pay any mandatory | 5233 |
fine imposed pursuant to division (D)(1) of this section and any | 5234 |
fine other than a mandatory fine that is imposed for a violation | 5235 |
of this section pursuant to division (A) or (B)(5) of section | 5236 |
2929.18 of the Revised Code to the county, township, municipal | 5237 |
corporation, park district, as created pursuant to section 511.18 | 5238 |
or 1545.04 of the Revised Code, or state law enforcement agencies | 5239 |
in this state that primarily were responsible for or involved in | 5240 |
making the arrest of, and in prosecuting, the offender. However, | 5241 |
the clerk shall not pay a mandatory fine so imposed to a law | 5242 |
enforcement agency unless the agency has adopted a written | 5243 |
internal control policy under division (F)(2) of this section that | 5244 |
addresses the use of the fine moneys that it receives. Each agency | 5245 |
shall use the mandatory fines so paid to subsidize the agency's | 5246 |
law enforcement efforts that pertain to drug offenses, in | 5247 |
accordance with the written internal control policy adopted by the | 5248 |
recipient agency under division (F)(2) of this section. | 5249 |
(2)(a) Prior to receiving any fine moneys under division | 5250 |
(F)(1) of this section or division (B) of section 2925.42 of the | 5251 |
Revised Code, a law enforcement agency shall adopt a written | 5252 |
internal control policy that addresses the agency's use and | 5253 |
disposition of all fine moneys so received and that provides for | 5254 |
the keeping of detailed financial records of the receipts of those | 5255 |
fine moneys, the general types of expenditures made out of those | 5256 |
fine moneys, and the specific amount of each general type of | 5257 |
expenditure. The policy shall not provide for or permit the | 5258 |
identification of any specific expenditure that is made in an | 5259 |
ongoing investigation. All financial records of the receipts of | 5260 |
those fine moneys, the general types of expenditures made out of | 5261 |
those fine moneys, and the specific amount of each general type of | 5262 |
expenditure by an agency are public records open for inspection | 5263 |
under section 149.43 of the Revised Code. Additionally, a written | 5264 |
internal control policy adopted under this division is such a | 5265 |
public record, and the agency that adopted it shall comply with | 5266 |
it. | 5267 |
(b) Each law enforcement agency that receives in any calendar | 5268 |
year any fine moneys under division (F)(1) of this section or | 5269 |
division (B) of section 2925.42 of the Revised Code shall prepare | 5270 |
a report covering the calendar year that cumulates all of the | 5271 |
information contained in all of the public financial records kept | 5272 |
by the agency pursuant to division (F)(2)(a) of this section for | 5273 |
that calendar year, and shall send a copy of the cumulative | 5274 |
report, no later than the first day of March in the calendar year | 5275 |
following the calendar year covered by the report, to the attorney | 5276 |
general. Each report received by the attorney general is a public | 5277 |
record open for inspection under section 149.43 of the Revised | 5278 |
Code. Not later than the fifteenth day of April in the calendar | 5279 |
year in which the reports are received, the attorney general shall | 5280 |
send to the president of the senate and the speaker of the house | 5281 |
of representatives a written notification that does all of the | 5282 |
following: | 5283 |
(i) Indicates that the attorney general has received from law | 5284 |
enforcement agencies reports of the type described in this | 5285 |
division that cover the previous calendar year and indicates that | 5286 |
the reports were received under this division; | 5287 |
(ii) Indicates that the reports are open for inspection under | 5288 |
section 149.43 of the Revised Code; | 5289 |
(iii) Indicates that the attorney general will provide a copy | 5290 |
of any or all of the reports to the president of the senate or the | 5291 |
speaker of the house of representatives upon request. | 5292 |
(3) As used in division (F) of this section: | 5293 |
(a) "Law enforcement agencies" includes, but is not limited | 5294 |
to, the state board of pharmacy and the office of a prosecutor. | 5295 |
(b) "Prosecutor" has the same meaning as in section 2935.01 | 5296 |
of the Revised Code. | 5297 |
(G) When required under division (D)(2) of this section or | 5298 |
any other provision of this chapter, the court shall suspend for | 5299 |
not less than six months or more than five years the driver's or | 5300 |
commercial driver's license or permit of any person who is | 5301 |
convicted of or pleads guilty to any violation of this section or | 5302 |
any other specified provision of this chapter. If an offender's | 5303 |
driver's or commercial driver's license or permit is suspended | 5304 |
pursuant to this division, the offender, at any time after the | 5305 |
expiration of two years from the day on which the offender's | 5306 |
sentence was imposed or from the day on which the offender finally | 5307 |
was released from a prison term under the sentence, whichever is | 5308 |
later, may file a motion with the sentencing court requesting | 5309 |
termination of the suspension; upon the filing of such a motion | 5310 |
and the court's finding of good cause for the termination, the | 5311 |
court may terminate the suspension. | 5312 |
(H)(1) In addition to any prison term authorized or required | 5313 |
by division (C) of this section and sections 2929.13 and 2929.14 | 5314 |
of the Revised Code, in addition to any other penalty or sanction | 5315 |
imposed for the offense under this section or sections 2929.11 to | 5316 |
2929.18 of the Revised Code, and in addition to the forfeiture of | 5317 |
property in connection with the offense as prescribed in Chapter | 5318 |
2981. of the Revised Code, the court that sentences an offender | 5319 |
who is convicted of or pleads guilty to a violation of division | 5320 |
(A) of this section may impose upon the offender an additional | 5321 |
fine specified for the offense in division (B)(4) of section | 5322 |
2929.18 of the Revised Code. A fine imposed under division (H)(1) | 5323 |
of this section is not subject to division (F) of this section and | 5324 |
shall be used solely for the support of one or more eligible | 5325 |
alcohol and drug addiction programs in accordance with divisions | 5326 |
(H)(2) and (3) of this section. | 5327 |
(2) The court that imposes a fine under division (H)(1) of | 5328 |
this section shall specify in the judgment that imposes the fine | 5329 |
one or more eligible alcohol and drug addiction programs for the | 5330 |
support of which the fine money is to be used. No alcohol and drug | 5331 |
addiction program shall receive or use money paid or collected in | 5332 |
satisfaction of a fine imposed under division (H)(1) of this | 5333 |
section unless the program is specified in the judgment that | 5334 |
imposes the fine. No alcohol and drug addiction program shall be | 5335 |
specified in the judgment unless the program is an eligible | 5336 |
alcohol and drug addiction program and, except as otherwise | 5337 |
provided in division (H)(2) of this section, unless the program is | 5338 |
located in the county in which the court that imposes the fine is | 5339 |
located or in a county that is immediately contiguous to the | 5340 |
county in which that court is located. If no eligible alcohol and | 5341 |
drug addiction program is located in any of those counties, the | 5342 |
judgment may specify an eligible alcohol and drug addiction | 5343 |
program that is located anywhere within this state. | 5344 |
(3) Notwithstanding any contrary provision of section 3719.21 | 5345 |
of the Revised Code, the clerk of the court shall pay any fine | 5346 |
imposed under division (H)(1) of this section to the eligible | 5347 |
alcohol and drug addiction program specified pursuant to division | 5348 |
(H)(2) of this section in the judgment. The eligible alcohol and | 5349 |
drug addiction program that receives the fine moneys shall use the | 5350 |
moneys only for the alcohol and drug addiction services identified | 5351 |
in the application for certification under section 3793.06 of the | 5352 |
Revised Code or in the application for a license under section | 5353 |
3793.11 of the Revised Code filed with the department of alcohol | 5354 |
and drug addiction services by the alcohol and drug addiction | 5355 |
program specified in the judgment. | 5356 |
(4) Each alcohol and drug addiction program that receives in | 5357 |
a calendar year any fine moneys under division (H)(3) of this | 5358 |
section shall file an annual report covering that calendar year | 5359 |
with the court of common pleas and the board of county | 5360 |
commissioners of the county in which the program is located, with | 5361 |
the court of common pleas and the board of county commissioners of | 5362 |
each county from which the program received the moneys if that | 5363 |
county is different from the county in which the program is | 5364 |
located, and with the attorney general. The alcohol and drug | 5365 |
addiction program shall file the report no later than the first | 5366 |
day of March in the calendar year following the calendar year in | 5367 |
which the program received the fine moneys. The report shall | 5368 |
include statistics on the number of persons served by the alcohol | 5369 |
and drug addiction program, identify the types of alcohol and drug | 5370 |
addiction services provided to those persons, and include a | 5371 |
specific accounting of the purposes for which the fine moneys | 5372 |
received were used. No information contained in the report shall | 5373 |
identify, or enable a person to determine the identity of, any | 5374 |
person served by the alcohol and drug addiction program. Each | 5375 |
report received by a court of common pleas, a board of county | 5376 |
commissioners, or the attorney general is a public record open for | 5377 |
inspection under section 149.43 of the Revised Code. | 5378 |
(5) As used in divisions (H)(1) to (5) of this section: | 5379 |
(a) "Alcohol and drug addiction program" and "alcohol and | 5380 |
drug addiction services" have the same meanings as in section | 5381 |
3793.01 of the Revised Code. | 5382 |
(b) "Eligible alcohol and drug addiction program" means an | 5383 |
alcohol and drug addiction program that is certified under section | 5384 |
3793.06 of the Revised Code or licensed under section 3793.11 of | 5385 |
the Revised Code by the department of alcohol and drug addiction | 5386 |
services. | 5387 |
(I) As used in this section, "drug" includes any substance | 5388 |
that is represented to be a drug. | 5389 |
Sec. 2925.05. (A) No person shall knowingly provide money or | 5390 |
other items of value to another person with the purpose that the | 5391 |
recipient of the money or items of value use them to obtain any | 5392 |
controlled substance for the purpose of violating section 2925.04 | 5393 |
of the Revised Code or for the purpose of selling or offering to | 5394 |
sell the controlled substance in the following amount: | 5395 |
(1) If the drug to be sold or offered for sale is any | 5396 |
compound, mixture, preparation, or substance included in schedule | 5397 |
I or II, with the exception of marihuana, cocaine, L.S.D., heroin, | 5398 |
and hashish, or schedule III, IV, or V, an amount of the drug that | 5399 |
equals or exceeds the bulk amount of the drug; | 5400 |
(2) If the drug to be sold or offered for sale is marihuana | 5401 |
or a compound, mixture, preparation, or substance other than | 5402 |
hashish containing marihuana, an amount of the marihuana that | 5403 |
equals or exceeds two hundred grams; | 5404 |
(3) If the drug to be sold or offered for sale is cocaine or | 5405 |
a compound, mixture, preparation, or substance containing cocaine, | 5406 |
an amount of the cocaine that equals or exceeds five
grams | 5407 |
5408 | |
5409 |
(4) If the drug to be sold or offered for sale is L.S.D. or a | 5410 |
compound, mixture, preparation, or substance containing L.S.D., an | 5411 |
amount of the L.S.D. that equals or exceeds ten unit doses if the | 5412 |
L.S.D. is in a solid form or equals or exceeds one gram if the | 5413 |
L.S.D. is in a liquid concentrate, liquid extract, or liquid | 5414 |
distillate form; | 5415 |
(5) If the drug to be sold or offered for sale is heroin or a | 5416 |
compound, mixture, preparation, or substance containing heroin, an | 5417 |
amount of the heroin that equals or exceeds ten unit doses or | 5418 |
equals or exceeds one gram; | 5419 |
(6) If the drug to be sold or offered for sale is hashish or | 5420 |
a compound, mixture, preparation, or substance containing hashish, | 5421 |
an amount of the hashish that equals or exceeds ten grams if the | 5422 |
hashish is in a solid form or equals or exceeds two grams if the | 5423 |
hashish is in a liquid concentrate, liquid extract, or liquid | 5424 |
distillate form. | 5425 |
(B) This section does not apply to any person listed in | 5426 |
division (B)(1), (2), or (3) of section 2925.03 of the Revised | 5427 |
Code to the extent and under the circumstances described in those | 5428 |
divisions. | 5429 |
(C)(1) If the drug involved in the violation is any compound, | 5430 |
mixture, preparation, or substance included in schedule I or II, | 5431 |
with the exception of marihuana, whoever violates division (A) of | 5432 |
this section is guilty of aggravated funding of drug trafficking, | 5433 |
a felony of the first degree, and, subject to division (E) of this | 5434 |
section, the court shall impose as a mandatory prison term one of | 5435 |
the prison terms prescribed for a felony of the first degree. | 5436 |
(2) If the drug involved in the violation is any compound, | 5437 |
mixture, preparation, or substance included in schedule III, IV, | 5438 |
or V, whoever violates division (A) of this section is guilty of | 5439 |
funding of drug trafficking, a felony of the second degree, and | 5440 |
the court shall impose as a mandatory prison term one of the | 5441 |
prison terms prescribed for a felony of the second degree. | 5442 |
(3) If the drug involved in the violation is marihuana, | 5443 |
whoever violates division (A) of this section is guilty of funding | 5444 |
of marihuana trafficking, a felony of the third degree, and the | 5445 |
court shall impose as a mandatory prison term one of the prison | 5446 |
terms prescribed for a felony of the third degree. | 5447 |
(D) In addition to any prison term authorized or required by | 5448 |
division (C) or (E) of this section and sections 2929.13 and | 5449 |
2929.14 of the Revised Code and in addition to any other sanction | 5450 |
imposed for the offense under this section or sections 2929.11 to | 5451 |
2929.18 of the Revised Code, the court that sentences an offender | 5452 |
who is convicted of or pleads guilty to a violation of division | 5453 |
(A) of this section shall do all of the following that are | 5454 |
applicable regarding the offender: | 5455 |
(1) The court shall impose the mandatory fine specified for | 5456 |
the offense under division (B)(1) of section 2929.18 of the | 5457 |
Revised Code unless, as specified in that division, the court | 5458 |
determines that the offender is indigent. The clerk of the court | 5459 |
shall pay a mandatory fine or other fine imposed for a violation | 5460 |
of this section pursuant to division (A) of section 2929.18 of the | 5461 |
Revised Code in accordance with and subject to the requirements of | 5462 |
division (F) of section 2925.03 of the Revised Code. The agency | 5463 |
that receives the fine shall use the fine in accordance with | 5464 |
division (F) of section 2925.03 of the Revised Code. If a person | 5465 |
is charged with a violation of this section, posts bail, and | 5466 |
forfeits the bail, the forfeited bail shall be paid as if the | 5467 |
forfeited bail were a fine imposed for a violation of this | 5468 |
section. | 5469 |
(2) The court shall suspend the offender's driver's or | 5470 |
commercial driver's license or permit in accordance with division | 5471 |
(G) of section 2925.03 of the Revised Code. If an offender's | 5472 |
driver's or commercial driver's license or permit is suspended in | 5473 |
accordance with that division, the offender may request | 5474 |
termination of, and the court may terminate, the suspension in | 5475 |
accordance with that division. | 5476 |
(3) If the offender is a professionally licensed person, the | 5477 |
court immediately shall comply with section 2925.38 of the Revised | 5478 |
Code. | 5479 |
(E) Notwithstanding the prison term otherwise authorized or | 5480 |
required for the offense under division (C) of this section and | 5481 |
sections 2929.13 and 2929.14 of the Revised Code, if the violation | 5482 |
of division (A) of this section involves the sale, offer to sell, | 5483 |
or possession of a schedule I or II controlled substance, with the | 5484 |
exception of marihuana, and if the court imposing sentence upon | 5485 |
the offender finds that the offender as a result of the violation | 5486 |
is a major drug offender and is guilty of a specification of the | 5487 |
type described in section 2941.1410 of the Revised Code, the | 5488 |
court, in lieu of the prison term otherwise authorized or | 5489 |
required, shall impose upon the offender the mandatory prison term | 5490 |
specified in division (D)(3)(a) of section 2929.14 of the Revised | 5491 |
Code and may impose an additional prison term under division | 5492 |
(D)(3)(b) of that section. | 5493 |
Sec. 2925.11. (A) No person shall knowingly obtain, possess, | 5494 |
or use a controlled substance. | 5495 |
(B) This section does not apply to any of the following: | 5496 |
(1) Manufacturers, licensed health professionals authorized | 5497 |
to prescribe drugs, pharmacists, owners of pharmacies, and other | 5498 |
persons whose conduct was in accordance with Chapters 3719., | 5499 |
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code; | 5500 |
(2) If the offense involves an anabolic steroid, any person | 5501 |
who is conducting or participating in a research project involving | 5502 |
the use of an anabolic steroid if the project has been approved by | 5503 |
the United States food and drug administration; | 5504 |
(3) Any person who sells, offers for sale, prescribes, | 5505 |
dispenses, or administers for livestock or other nonhuman species | 5506 |
an anabolic steroid that is expressly intended for administration | 5507 |
through implants to livestock or other nonhuman species and | 5508 |
approved for that purpose under the "Federal Food, Drug, and | 5509 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 5510 |
and is sold, offered for sale, prescribed, dispensed, or | 5511 |
administered for that purpose in accordance with that act; | 5512 |
(4) Any person who obtained the controlled substance pursuant | 5513 |
to a lawful prescription issued by a licensed health professional | 5514 |
authorized to prescribe drugs. | 5515 |
(C) Whoever violates division (A) of this section is guilty | 5516 |
of one of the following: | 5517 |
(1) If the drug involved in the violation is a compound, | 5518 |
mixture, preparation, or substance included in schedule I or II, | 5519 |
with the exception of marihuana, cocaine, L.S.D., heroin, and | 5520 |
hashish, whoever violates division (A) of this section is guilty | 5521 |
of aggravated possession of drugs. The penalty for the offense | 5522 |
shall be determined as follows: | 5523 |
(a) Except as otherwise provided in division (C)(1)(b), (c), | 5524 |
(d), or (e) of this section, aggravated possession of drugs is a | 5525 |
felony of the fifth degree, and division (B) of section 2929.13 of | 5526 |
the Revised Code applies in determining whether to impose a prison | 5527 |
term on the offender. | 5528 |
(b) If the amount of the drug involved equals or exceeds the | 5529 |
bulk amount but is less than five times the bulk amount, | 5530 |
aggravated possession of drugs is a felony of the third degree, | 5531 |
and there is a presumption for a prison term for the offense. | 5532 |
(c) If the amount of the drug involved equals or exceeds five | 5533 |
times the bulk amount but is less than fifty times the bulk | 5534 |
amount, aggravated possession of drugs is a felony of the second | 5535 |
degree, and the court shall impose as a mandatory prison term one | 5536 |
of the prison terms prescribed for a felony of the second degree. | 5537 |
(d) If the amount of the drug involved equals or exceeds | 5538 |
fifty times the bulk amount but is less than one hundred times the | 5539 |
bulk amount, aggravated possession of drugs is a felony of the | 5540 |
first degree, and the court shall impose as a mandatory prison | 5541 |
term one of the prison terms prescribed for a felony of the first | 5542 |
degree. | 5543 |
(e) If the amount of the drug involved equals or exceeds one | 5544 |
hundred times the bulk amount, aggravated possession of drugs is a | 5545 |
felony of the first degree, the offender is a major drug offender, | 5546 |
and the court shall impose as a mandatory prison term the maximum | 5547 |
prison term prescribed for a felony of the first degree and may | 5548 |
impose an additional mandatory prison term prescribed for a major | 5549 |
drug offender under division (D)(3)(b) of section 2929.14 of the | 5550 |
Revised Code. | 5551 |
(2) If the drug involved in the violation is a compound, | 5552 |
mixture, preparation, or substance included in schedule III, IV, | 5553 |
or V, whoever violates division (A) of this section is guilty of | 5554 |
possession of drugs. The penalty for the offense shall be | 5555 |
determined as follows: | 5556 |
(a) Except as otherwise provided in division (C)(2)(b), (c), | 5557 |
or (d) of this section, possession of drugs is a misdemeanor of | 5558 |
the first degree or, if the offender previously has been | 5559 |
convicted of a drug abuse offense, a felony of the fifth degree. | 5560 |
(b) If the amount of the drug involved equals or exceeds the | 5561 |
bulk amount but is less than five times the bulk amount, | 5562 |
possession of drugs is a felony of the fourth degree, and division | 5563 |
(C) of section 2929.13 of the Revised Code applies in determining | 5564 |
whether to impose a prison term on the offender. | 5565 |
(c) If the amount of the drug involved equals or exceeds five | 5566 |
times the bulk amount but is less than fifty times the bulk | 5567 |
amount, possession of drugs is a felony of the third degree, and | 5568 |
there is a presumption for a prison term for the offense. | 5569 |
(d) If the amount of the drug involved equals or exceeds | 5570 |
fifty times the bulk amount, possession of drugs is a felony of | 5571 |
the second degree, and the court shall impose upon the offender as | 5572 |
a mandatory prison term one of the prison terms prescribed for a | 5573 |
felony of the second degree. | 5574 |
(3) If the drug involved in the violation is marihuana or a | 5575 |
compound, mixture, preparation, or substance containing marihuana | 5576 |
other than hashish, whoever violates division (A) of this section | 5577 |
is guilty of possession of marihuana. The penalty for the offense | 5578 |
shall be determined as follows: | 5579 |
(a) Except as otherwise provided in division (C)(3)(b), (c), | 5580 |
(d), (e), | 5581 |
is a minor misdemeanor. | 5582 |
(b) If the amount of the drug involved equals or exceeds one | 5583 |
hundred grams but is less than two hundred grams, possession of | 5584 |
marihuana is a misdemeanor of the fourth degree. | 5585 |
(c) If the amount of the drug involved equals or exceeds two | 5586 |
hundred grams but is less than one thousand grams, possession of | 5587 |
marihuana is a felony of the fifth degree, and division (B) of | 5588 |
section 2929.13 of the Revised Code applies in determining whether | 5589 |
to impose a prison term on the offender. | 5590 |
(d) If the amount of the drug involved equals or exceeds one | 5591 |
thousand grams but is less than five thousand grams, possession of | 5592 |
marihuana is a felony of the third degree, and division (C) of | 5593 |
section 2929.13 of the Revised Code applies in determining whether | 5594 |
to impose a prison term on the offender. | 5595 |
(e) If the amount of the drug involved equals or exceeds five | 5596 |
thousand grams but is less than twenty thousand grams, possession | 5597 |
of marihuana is a felony of the third degree, and there is a | 5598 |
presumption that a prison term shall be imposed for the offense. | 5599 |
(f) If the amount of the drug involved equals or exceeds | 5600 |
twenty thousand grams but is less than forty thousand grams, | 5601 |
possession of marihuana is a felony of the second degree, and the | 5602 |
court shall impose a mandatory prison term of five, six, seven, or | 5603 |
eight years. | 5604 |
(g) If the amount of the drug involved equals or exceeds | 5605 |
forty thousand grams, possession of marihuana is a felony of the | 5606 |
second degree, and the court shall impose as a mandatory prison | 5607 |
term the maximum prison term prescribed for a felony of the second | 5608 |
degree. | 5609 |
(4) If the drug involved in the violation is cocaine or a | 5610 |
compound, mixture, preparation, or substance containing cocaine, | 5611 |
whoever violates division (A) of this section is guilty of | 5612 |
possession of cocaine. The penalty for the offense shall be | 5613 |
determined as follows: | 5614 |
(a) Except as otherwise provided in division (C)(4)(b), (c), | 5615 |
(d), (e), or (f) of this section, possession of cocaine is a | 5616 |
felony of the fifth degree, and division (B) of section 2929.13 of | 5617 |
the Revised Code applies in determining whether to impose a prison | 5618 |
term on the offender. | 5619 |
(b) If the amount of the drug involved equals or exceeds five | 5620 |
grams but is less than | 5621 |
5622 | |
5623 | |
the
fourth degree, and | 5624 |
5625 | |
Code applies in determining whether to impose a prison term on | 5626 |
the offender. | 5627 |
(c) If the amount of the drug involved equals or exceeds | 5628 |
5629 | |
cocaine
| 5630 |
5631 | |
is a felony of the third degree, and the court shall impose as a | 5632 |
mandatory prison term one of the prison terms prescribed for a | 5633 |
felony of the third degree. | 5634 |
(d) If the amount of the drug involved equals or exceeds
| 5635 |
5636 | |
grams
of cocaine | 5637 |
5638 | |
possession of cocaine is a felony of the second degree, and the | 5639 |
court shall impose as a mandatory prison term one of the prison | 5640 |
terms prescribed for a felony of the second degree. | 5641 |
(e) If the amount of the drug involved equals or exceeds
| 5642 |
5643 | |
grams
of cocaine
| 5644 |
5645 | |
5646 | |
and the court shall impose as a mandatory prison term one of the | 5647 |
prison terms prescribed for a felony of the first degree. | 5648 |
(f) If the amount of the drug involved equals or exceeds one | 5649 |
5650 | |
5651 | |
of cocaine is a felony of the first degree, the offender is a | 5652 |
major drug offender, and the court shall impose as a mandatory | 5653 |
prison term the maximum prison term prescribed for a felony of the | 5654 |
first degree and may impose an additional mandatory prison term | 5655 |
prescribed for a major drug offender under division (D)(3)(b) of | 5656 |
section 2929.14 of the Revised Code. | 5657 |
(5) If the drug involved in the violation is L.S.D., whoever | 5658 |
violates division (A) of this section is guilty of possession of | 5659 |
L.S.D. The penalty for the offense shall be determined as follows: | 5660 |
(a) Except as otherwise provided in division (C)(5)(b), (c), | 5661 |
(d), (e), or (f) of this section, possession of L.S.D. is a felony | 5662 |
of the fifth degree, and division (B) of section 2929.13 of the | 5663 |
Revised Code applies in determining whether to impose a prison | 5664 |
term on the offender. | 5665 |
(b) If the amount of L.S.D. involved equals or exceeds ten | 5666 |
unit doses but is less than fifty unit doses of L.S.D. in a solid | 5667 |
form or equals or exceeds one gram but is less than five grams of | 5668 |
L.S.D. in a liquid concentrate, liquid extract, or liquid | 5669 |
distillate form, possession of L.S.D. is a felony of the fourth | 5670 |
degree, and division (C) of section 2929.13 of the Revised Code | 5671 |
applies in determining whether to impose a prison term on the | 5672 |
offender. | 5673 |
(c) If the amount of L.S.D. involved equals or exceeds fifty | 5674 |
unit doses, but is less than two hundred fifty unit doses of | 5675 |
L.S.D. in a solid form or equals or exceeds five grams but is less | 5676 |
than twenty-five grams of L.S.D. in a liquid concentrate, liquid | 5677 |
extract, or liquid distillate form, possession of L.S.D. is a | 5678 |
felony of the third degree, and there is a presumption for a | 5679 |
prison term for the offense. | 5680 |
(d) If the amount of L.S.D. involved equals or exceeds two | 5681 |
hundred fifty unit doses but is less than one thousand unit doses | 5682 |
of L.S.D. in a solid form or equals or exceeds twenty-five grams | 5683 |
but is less than one hundred grams of L.S.D. in a liquid | 5684 |
concentrate, liquid extract, or liquid distillate form, possession | 5685 |
of L.S.D. is a felony of the second degree, and the court shall | 5686 |
impose as a mandatory prison term one of the prison terms | 5687 |
prescribed for a felony of the second degree. | 5688 |
(e) If the amount of L.S.D. involved equals or exceeds one | 5689 |
thousand unit doses but is less than five thousand unit doses of | 5690 |
L.S.D. in a solid form or equals or exceeds one hundred grams but | 5691 |
is less than five hundred grams of L.S.D. in a liquid concentrate, | 5692 |
liquid extract, or liquid distillate form, possession of L.S.D. is | 5693 |
a felony of the first degree, and the court shall impose as a | 5694 |
mandatory prison term one of the prison terms prescribed for a | 5695 |
felony of the first degree. | 5696 |
(f) If the amount of L.S.D. involved equals or exceeds five | 5697 |
thousand unit doses of L.S.D. in a solid form or equals or exceeds | 5698 |
five hundred grams of L.S.D. in a liquid concentrate, liquid | 5699 |
extract, or liquid distillate form, possession of L.S.D. is a | 5700 |
felony of the first degree, the offender is a major drug offender, | 5701 |
and the court shall impose as a mandatory prison term the maximum | 5702 |
prison term prescribed for a felony of the first degree and may | 5703 |
impose an additional mandatory prison term prescribed for a major | 5704 |
drug offender under division (D)(3)(b) of section 2929.14 of the | 5705 |
Revised Code. | 5706 |
(6) If the drug involved in the violation is heroin or a | 5707 |
compound, mixture, preparation, or substance containing heroin, | 5708 |
whoever violates division (A) of this section is guilty of | 5709 |
possession of heroin. The penalty for the offense shall be | 5710 |
determined as follows: | 5711 |
(a) Except as otherwise provided in division (C)(6)(b), (c), | 5712 |
(d), (e), or (f) of this section, possession of heroin is a felony | 5713 |
of the fifth degree, and division (B) of section 2929.13 of the | 5714 |
Revised Code applies in determining whether to impose a prison | 5715 |
term on the offender. | 5716 |
(b) If the amount of the drug involved equals or exceeds ten | 5717 |
unit doses but is less than fifty unit doses or equals or exceeds | 5718 |
one gram but is less than five grams, possession of heroin is a | 5719 |
felony of the fourth degree, and division (C) of section 2929.13 | 5720 |
of the Revised Code applies in determining whether to impose a | 5721 |
prison term on the offender. | 5722 |
(c) If the amount of the drug involved equals or exceeds | 5723 |
fifty unit doses but is less than one hundred unit doses or equals | 5724 |
or exceeds five grams but is less than ten grams, possession of | 5725 |
heroin is a felony of the third degree, and there is a presumption | 5726 |
for a prison term for the offense. | 5727 |
(d) If the amount of the drug involved equals or exceeds one | 5728 |
hundred unit doses but is less than five hundred unit doses or | 5729 |
equals or exceeds ten grams but is less than fifty grams, | 5730 |
possession of heroin is a felony of the second degree, and the | 5731 |
court shall impose as a mandatory prison term one of the prison | 5732 |
terms prescribed for a felony of the second degree. | 5733 |
(e) If the amount of the drug involved equals or exceeds five | 5734 |
hundred unit doses but is less than two thousand five hundred unit | 5735 |
doses or equals or exceeds fifty grams but is less than two | 5736 |
hundred fifty grams, possession of heroin is a felony of the first | 5737 |
degree, and the court shall impose as a mandatory prison term one | 5738 |
of the prison terms prescribed for a felony of the first degree. | 5739 |
(f) If the amount of the drug involved equals or exceeds two | 5740 |
thousand five hundred unit doses or equals or exceeds two hundred | 5741 |
fifty grams, possession of heroin is a felony of the first degree, | 5742 |
the offender is a major drug offender, and the court shall impose | 5743 |
as a mandatory prison term the maximum prison term prescribed for | 5744 |
a felony of the first degree and may impose an additional | 5745 |
mandatory prison term prescribed for a major drug offender under | 5746 |
division (D)(3)(b) of section 2929.14 of the Revised Code. | 5747 |
(7) If the drug involved in the violation is hashish or a | 5748 |
compound, mixture, preparation, or substance containing hashish, | 5749 |
whoever violates division (A) of this section is guilty of | 5750 |
possession of hashish. The penalty for the offense shall be | 5751 |
determined as follows: | 5752 |
(a) Except as otherwise provided in division (C)(7)(b), (c), | 5753 |
(d), (e), | 5754 |
a minor misdemeanor. | 5755 |
(b) If the amount of the drug involved equals or exceeds five | 5756 |
grams but is less than ten grams of hashish in a solid form or | 5757 |
equals or exceeds one gram but is less than two grams of hashish | 5758 |
in a liquid concentrate, liquid extract, or liquid distillate | 5759 |
form, possession of hashish is a misdemeanor of the fourth degree. | 5760 |
(c) If the amount of the drug involved equals or exceeds ten | 5761 |
grams but is less than fifty grams of hashish in a solid form or | 5762 |
equals or exceeds two grams but is less than ten grams of hashish | 5763 |
in a liquid concentrate, liquid extract, or liquid distillate | 5764 |
form, possession of hashish is a felony of the fifth degree, and | 5765 |
division (B) of section 2929.13 of the Revised Code applies in | 5766 |
determining whether to impose a prison term on the offender. | 5767 |
(d) If the amount of the drug involved equals or exceeds | 5768 |
fifty grams but is less than two hundred fifty grams of hashish in | 5769 |
a solid form or equals or exceeds ten grams but is less than fifty | 5770 |
grams of hashish in a liquid concentrate, liquid extract, or | 5771 |
liquid distillate form, possession of hashish is a felony of the | 5772 |
third degree, and division (C) of section 2929.13 of the Revised | 5773 |
Code applies in determining whether to impose a prison term on the | 5774 |
offender. | 5775 |
(e) If the amount of the drug involved equals or exceeds two | 5776 |
hundred fifty grams but is less than one thousand grams of hashish | 5777 |
in a solid form or equals or exceeds fifty grams but is less than | 5778 |
two hundred grams of hashish in a liquid concentrate, liquid | 5779 |
extract, or liquid distillate form, possession of hashish is a | 5780 |
felony of the third degree, and there is a presumption that a | 5781 |
prison term shall be imposed for the offense. | 5782 |
(f) If the amount of the drug involved equals or exceeds one | 5783 |
thousand grams but is less than two thousand grams of hashish in a | 5784 |
solid form or equals or exceeds two hundred grams but is less than | 5785 |
four hundred grams of hashish in a liquid concentrate, liquid | 5786 |
extract, or liquid distillate form possession of hashish is a | 5787 |
felony of the second degree, and the court shall impose a | 5788 |
mandatory prison term of five, six, seven, or eight years. | 5789 |
(g) If the amount of the drug involved equals or exceeds two | 5790 |
thousand grams of hashish in a solid form or equals or exceeds | 5791 |
four hundred grams of hashish in a liquid concentrate, liquid | 5792 |
extract, or liquid distillate form, possession of hashish is a | 5793 |
felony of the second degree, and the court shall impose as a | 5794 |
mandatory prison term the maximum prison term prescribed for a | 5795 |
felony of the second degree. | 5796 |
(D) Arrest or conviction for a minor misdemeanor violation of | 5797 |
this section does not constitute a criminal record and need not be | 5798 |
reported by the person so arrested or convicted in response to any | 5799 |
inquiries about the person's criminal record, including any | 5800 |
inquiries contained in any application for employment, license, or | 5801 |
other right or privilege, or made in connection with the person's | 5802 |
appearance as a witness. | 5803 |
(E) In addition to any prison term or jail term authorized or | 5804 |
required by division (C) of this section and sections 2929.13, | 5805 |
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in | 5806 |
addition to any other sanction that is imposed for the offense | 5807 |
under this section, sections 2929.11 to 2929.18, or sections | 5808 |
2929.21 to 2929.28 of the Revised Code, the court that sentences | 5809 |
an offender who is convicted of or pleads guilty to a violation of | 5810 |
division (A) of this section shall do all of the following that | 5811 |
are applicable regarding the offender: | 5812 |
(1)(a) If the violation is a felony of the first, second, or | 5813 |
third degree, the court shall impose upon the offender the | 5814 |
mandatory fine specified for the offense under division (B)(1) of | 5815 |
section 2929.18 of the Revised Code unless, as specified in that | 5816 |
division, the court determines that the offender is indigent. | 5817 |
(b) Notwithstanding any contrary provision of section 3719.21 | 5818 |
of the Revised Code, the clerk of the court shall pay a mandatory | 5819 |
fine or other fine imposed for a violation of this section | 5820 |
pursuant to division (A) of section 2929.18 of the Revised Code in | 5821 |
accordance with and subject to the requirements of division (F) of | 5822 |
section 2925.03 of the Revised Code. The agency that receives the | 5823 |
fine shall use the fine as specified in division (F) of section | 5824 |
2925.03 of the Revised Code. | 5825 |
(c) If a person is charged with a violation of this section | 5826 |
that is a felony of the first, second, or third degree, posts | 5827 |
bail, and forfeits the bail, the clerk shall pay the forfeited | 5828 |
bail pursuant to division (E)(1)(b) of this section as if it were | 5829 |
a mandatory fine imposed under division (E)(1)(a) of this section. | 5830 |
(2) The court shall suspend for not less than six months or | 5831 |
more than five years the offender's driver's or commercial | 5832 |
driver's license or permit. | 5833 |
(3) If the offender is a professionally licensed person, in | 5834 |
addition to any other sanction imposed for a violation of this | 5835 |
section, the court immediately shall comply with section 2925.38 | 5836 |
of the Revised Code. | 5837 |
(F) It is an affirmative defense, as provided in section | 5838 |
2901.05 of the Revised Code, to a charge of a fourth degree felony | 5839 |
violation under this section that the controlled substance that | 5840 |
gave rise to the charge is in an amount, is in a form, is | 5841 |
prepared, compounded, or mixed with substances that are not | 5842 |
controlled substances in a manner, or is possessed under any other | 5843 |
circumstances, that indicate that the substance was possessed | 5844 |
solely for personal use. Notwithstanding any contrary provision | 5845 |
of this section, if, in accordance with section 2901.05 of the | 5846 |
Revised Code, an accused who is charged with a fourth degree | 5847 |
felony violation of division (C)(2), (4), (5), or (6) of this | 5848 |
section sustains the burden of going forward with evidence of and | 5849 |
establishes by a preponderance of the evidence the affirmative | 5850 |
defense described in this division, the accused may be prosecuted | 5851 |
for and may plead guilty to or be convicted of a misdemeanor | 5852 |
violation of division (C)(2) of this section or a fifth degree | 5853 |
felony violation of division (C)(4), (5), or (6) of this section | 5854 |
respectively. | 5855 |
(G) When a person is charged with possessing a bulk amount or | 5856 |
multiple of a bulk amount, division (E) of section 2925.03 of the | 5857 |
Revised Code applies regarding the determination of the amount of | 5858 |
the controlled substance involved at the time of the offense. | 5859 |
Sec. 2929.01. As used in this chapter: | 5860 |
(A)(1) "Alternative residential facility" means, subject to | 5861 |
division (A)(2) of this section, any facility other than an | 5862 |
offender's home or residence in which an offender is assigned to | 5863 |
live and that satisfies all of the following criteria: | 5864 |
(a) It provides programs through which the offender may seek | 5865 |
or maintain employment or may receive education, training, | 5866 |
treatment, or habilitation. | 5867 |
(b) It has received the appropriate license or certificate | 5868 |
for any specialized education, training, treatment, habilitation, | 5869 |
or other service that it provides from the government agency that | 5870 |
is responsible for licensing or certifying that type of education, | 5871 |
training, treatment, habilitation, or service. | 5872 |
(2) "Alternative residential facility" does not include a | 5873 |
community-based correctional facility, jail, halfway house, or | 5874 |
prison. | 5875 |
(B) "Basic probation supervision" means a requirement that | 5876 |
the offender maintain contact with a person appointed to supervise | 5877 |
the offender in accordance with sanctions imposed by the court or | 5878 |
imposed by the parole board pursuant to section 2967.28 of the | 5879 |
Revised Code. "Basic probation supervision" includes basic parole | 5880 |
supervision and basic post-release control supervision. | 5881 |
(C) "Cocaine," | 5882 |
"unit dose" have the same meanings as in section 2925.01 of the | 5883 |
Revised Code. | 5884 |
(D) "Community-based correctional facility" means a | 5885 |
community-based correctional facility and program or district | 5886 |
community-based correctional facility and program developed | 5887 |
pursuant to sections 2301.51 to 2301.58 of the Revised Code. | 5888 |
(E) "Community control sanction" means a sanction that is not | 5889 |
a prison term and that is described in section 2929.15, 2929.16, | 5890 |
2929.17, or 2929.18 of the Revised Code or a sanction that is not | 5891 |
a jail term and that is described in section 2929.26, 2929.27, or | 5892 |
2929.28 of the Revised Code. "Community control sanction" | 5893 |
includes probation if the sentence involved was imposed for a | 5894 |
felony that was committed prior to July 1, 1996, or if the | 5895 |
sentence involved was imposed for a misdemeanor that was committed | 5896 |
prior to January 1, 2004. | 5897 |
(F) "Controlled substance," "marihuana," "schedule I," and | 5898 |
"schedule II" have the same meanings as in section 3719.01 of the | 5899 |
Revised Code. | 5900 |
(G) "Curfew" means a requirement that an offender during a | 5901 |
specified period of time be at a designated place. | 5902 |
(H) "Day reporting" means a sanction pursuant to which an | 5903 |
offender is required each day to report to and leave a center or | 5904 |
other approved reporting location at specified times in order to | 5905 |
participate in work, education or training, treatment, and other | 5906 |
approved programs at the center or outside the center. | 5907 |
(I) "Deadly weapon" has the same meaning as in section | 5908 |
2923.11 of the Revised Code. | 5909 |
(J) "Drug and alcohol use monitoring" means a program under | 5910 |
which an offender agrees to submit to random chemical analysis of | 5911 |
the offender's blood, breath, or urine to determine whether the | 5912 |
offender has ingested any alcohol or other drugs. | 5913 |
(K) "Drug treatment program" means any program under which a | 5914 |
person undergoes assessment and treatment designed to reduce or | 5915 |
completely eliminate the person's physical or emotional reliance | 5916 |
upon alcohol, another drug, or alcohol and another drug and under | 5917 |
which the person may be required to receive assessment and | 5918 |
treatment on an outpatient basis or may be required to reside at a | 5919 |
facility other than the person's home or residence while | 5920 |
undergoing assessment and treatment. | 5921 |
(L) "Economic loss" means any economic detriment suffered by | 5922 |
a victim as a direct and proximate result of the commission of an | 5923 |
offense and includes any loss of income due to lost time at work | 5924 |
because of any injury caused to the victim, and any property | 5925 |
loss, medical cost, or funeral expense incurred as a result of | 5926 |
the commission of the offense. "Economic loss" does not include | 5927 |
non-economic loss or any punitive or exemplary damages. | 5928 |
(M) "Education or training" includes study at, or in | 5929 |
conjunction with a program offered by, a university, college, or | 5930 |
technical college or vocational study and also includes the | 5931 |
completion of primary school, secondary school, and literacy | 5932 |
curricula or their equivalent. | 5933 |
(N) "Firearm" has the same meaning as in section 2923.11 of | 5934 |
the Revised Code. | 5935 |
(O) "Halfway house" means a facility licensed by the division | 5936 |
of parole and community services of the department of | 5937 |
rehabilitation and correction pursuant to section 2967.14 of the | 5938 |
Revised Code as a suitable facility for the care and treatment of | 5939 |
adult offenders. | 5940 |
(P) "House arrest" means a period of confinement of an | 5941 |
offender that is in the offender's home or in other premises | 5942 |
specified by the sentencing court or by the parole board pursuant | 5943 |
to section 2967.28 of the Revised Code and during which all of the | 5944 |
following apply: | 5945 |
(1) The offender is required to remain in the offender's home | 5946 |
or other specified premises for the specified period of | 5947 |
confinement, except for periods of time during which the offender | 5948 |
is at the offender's place of employment or at other premises as | 5949 |
authorized by the sentencing court or by the parole board. | 5950 |
(2) The offender is required to report periodically to a | 5951 |
person designated by the court or parole board. | 5952 |
(3) The offender is subject to any other restrictions and | 5953 |
requirements that may be imposed by the sentencing court or by the | 5954 |
parole board. | 5955 |
(Q) "Intensive probation supervision" means a requirement | 5956 |
that an offender maintain frequent contact with a person appointed | 5957 |
by the court, or by the parole board pursuant to section 2967.28 | 5958 |
of the Revised Code, to supervise the offender while the offender | 5959 |
is seeking or maintaining necessary employment and participating | 5960 |
in training, education, and treatment programs as required in the | 5961 |
court's or parole board's order. "Intensive probation supervision" | 5962 |
includes intensive parole supervision and intensive post-release | 5963 |
control supervision. | 5964 |
(R) "Jail" means a jail, workhouse, minimum security jail, or | 5965 |
other residential facility used for the confinement of alleged or | 5966 |
convicted offenders that is operated by a political subdivision or | 5967 |
a combination of political subdivisions of this state. | 5968 |
(S) "Jail term" means the term in a jail that a sentencing | 5969 |
court imposes or is authorized to impose pursuant to section | 5970 |
2929.24 or 2929.25 of the Revised Code or pursuant to any other | 5971 |
provision of the Revised Code that authorizes a term in a jail for | 5972 |
a misdemeanor conviction. | 5973 |
(T) "Mandatory jail term" means the term in a jail that a | 5974 |
sentencing court is required to impose pursuant to division (G) of | 5975 |
section 1547.99 of the Revised Code, division (E) of section | 5976 |
2903.06 or division (D) of section 2903.08 of the Revised Code, | 5977 |
division (E) or (G) of section 2929.24 of the Revised Code, | 5978 |
division (B) of section 4510.14 of the Revised Code, or division | 5979 |
(G) of section 4511.19 of the Revised Code or pursuant to any | 5980 |
other provision of the Revised Code that requires a term in a | 5981 |
jail for a misdemeanor conviction. | 5982 |
(U) "Delinquent child" has the same meaning as in section | 5983 |
2152.02 of the Revised Code. | 5984 |
(V) "License violation report" means a report that is made by | 5985 |
a sentencing court, or by the parole board pursuant to section | 5986 |
2967.28 of the Revised Code, to the regulatory or licensing board | 5987 |
or agency that issued an offender a professional license or a | 5988 |
license or permit to do business in this state and that specifies | 5989 |
that the offender has been convicted of or pleaded guilty to an | 5990 |
offense that may violate the conditions under which the offender's | 5991 |
professional license or license or permit to do business in this | 5992 |
state was granted or an offense for which the offender's | 5993 |
professional license or license or permit to do business in this | 5994 |
state may be revoked or suspended. | 5995 |
(W) "Major drug offender" means an offender who is convicted | 5996 |
of or pleads guilty to the possession of, sale of, or offer to | 5997 |
sell any drug, compound, mixture, preparation, or substance that | 5998 |
consists of or contains at least one thousand grams of hashish; | 5999 |
at
least one hundred
grams of | 6000 |
6001 | |
thousand five hundred unit doses or two hundred fifty grams of | 6002 |
heroin; at least five thousand unit doses of L.S.D. or five | 6003 |
hundred grams of L.S.D. in a liquid concentrate, liquid extract, | 6004 |
or liquid distillate form; or at least one hundred times the | 6005 |
amount of any other schedule I or II controlled substance other | 6006 |
than marihuana that is necessary to commit a felony of the third | 6007 |
degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11 | 6008 |
of the Revised Code that is based on the possession of, sale of, | 6009 |
or offer to sell the controlled substance. | 6010 |
(X) "Mandatory prison term" means any of the following: | 6011 |
(1) Subject to division (X)(2) of this section, the term in | 6012 |
prison that must be imposed for the offenses or circumstances set | 6013 |
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section | 6014 |
2929.13 and division (D) of section 2929.14 of the Revised Code. | 6015 |
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, | 6016 |
and 2925.11 of the Revised Code, unless the maximum or another | 6017 |
specific term is required under section 2929.14 or 2929.142 of the | 6018 |
Revised Code, a mandatory prison term described in this division | 6019 |
may be any prison term authorized for the level of offense. | 6020 |
(2) The term of sixty or one hundred twenty days in prison | 6021 |
that a sentencing court is required to impose for a third or | 6022 |
fourth degree felony OVI offense pursuant to division (G)(2) of | 6023 |
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 6024 |
of the Revised Code or the term of one, two, three, four, or five | 6025 |
years in prison that a sentencing court is required to impose | 6026 |
pursuant to division (G)(2) of section 2929.13 of the Revised | 6027 |
Code. | 6028 |
(3) The term in prison imposed pursuant to division (A) of | 6029 |
section 2971.03 of the Revised Code for the offenses and in the | 6030 |
circumstances described in division (F)(11) of section 2929.13 of | 6031 |
the Revised Code or pursuant to division (B)(1)(a), (b), or (c), | 6032 |
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section | 6033 |
2971.03 of the Revised Code and that term as modified or | 6034 |
terminated pursuant to section 2971.05 of the Revised Code. | 6035 |
(Y) "Monitored time" means a period of time during which an | 6036 |
offender continues to be under the control of the sentencing | 6037 |
court or parole board, subject to no conditions other than leading | 6038 |
a law-abiding life. | 6039 |
(Z) "Offender" means a person who, in this state, is | 6040 |
convicted of or pleads guilty to a felony or a misdemeanor. | 6041 |
(AA) "Prison" means a residential facility used for the | 6042 |
confinement of convicted felony offenders that is under the | 6043 |
control of the department of rehabilitation and correction but | 6044 |
does not include a violation sanction center operated under | 6045 |
authority of section 2967.141 of the Revised Code. | 6046 |
(BB) "Prison term" includes either of the following sanctions | 6047 |
for an offender: | 6048 |
(1) A stated prison term; | 6049 |
(2) A term in a prison shortened by, or with the approval of, | 6050 |
the sentencing court pursuant to section 2929.20, 2967.26, | 6051 |
5120.031, 5120.032, or 5120.073 of the Revised Code. | 6052 |
(CC) "Repeat violent offender" means a person about whom both | 6053 |
of the following apply: | 6054 |
(1) The person is being sentenced for committing or for | 6055 |
complicity in committing any of the following: | 6056 |
(a) Aggravated murder, murder, any felony of the first or | 6057 |
second degree that is an offense of violence, or an attempt to | 6058 |
commit any of these offenses if the attempt is a felony of the | 6059 |
first or second degree; | 6060 |
(b) An offense under an existing or former law of this state, | 6061 |
another state, or the United States that is or was substantially | 6062 |
equivalent to an offense described in division (CC)(1)(a) of this | 6063 |
section. | 6064 |
(2) The person previously was convicted of or pleaded guilty | 6065 |
to an offense described in division (CC)(1)(a) or (b) of this | 6066 |
section. | 6067 |
(DD) "Sanction" means any penalty imposed upon an offender | 6068 |
who is convicted of or pleads guilty to an offense, as punishment | 6069 |
for the offense. "Sanction" includes any sanction imposed | 6070 |
pursuant to any provision of sections 2929.14 to 2929.18 or | 6071 |
2929.24 to 2929.28 of the Revised Code. | 6072 |
(EE) "Sentence" means the sanction or combination of | 6073 |
sanctions imposed by the sentencing court on an offender who is | 6074 |
convicted of or pleads guilty to an offense. | 6075 |
(FF) "Stated prison term" means the prison term, mandatory | 6076 |
prison term, or combination of all prison terms and mandatory | 6077 |
prison terms imposed by the sentencing court pursuant to section | 6078 |
2929.14, 2929.142, or 2971.03 of the Revised Code or under section | 6079 |
2919.25 of the Revised Code. "Stated prison term" includes any | 6080 |
credit received by the offender for time spent in jail awaiting | 6081 |
trial, sentencing, or transfer to prison for the offense and any | 6082 |
time spent under house arrest or house arrest with electronic | 6083 |
monitoring imposed after earning credits pursuant to section | 6084 |
2967.193 of the Revised Code. | 6085 |
(GG) "Victim-offender mediation" means a reconciliation or | 6086 |
mediation program that involves an offender and the victim of the | 6087 |
offense committed by the offender and that includes a meeting in | 6088 |
which the offender and the victim may discuss the offense, | 6089 |
discuss restitution, and consider other sanctions for the offense. | 6090 |
(HH) "Fourth degree felony OVI offense" means a violation of | 6091 |
division (A) of section 4511.19 of the Revised Code that, under | 6092 |
division (G) of that section, is a felony of the fourth degree. | 6093 |
(II) "Mandatory term of local incarceration" means the term | 6094 |
of sixty or one hundred twenty days in a jail, a community-based | 6095 |
correctional facility, a halfway house, or an alternative | 6096 |
residential facility that a sentencing court may impose upon a | 6097 |
person who is convicted of or pleads guilty to a fourth degree | 6098 |
felony OVI offense pursuant to division (G)(1) of section 2929.13 | 6099 |
of the Revised Code and division (G)(1)(d) or (e) of section | 6100 |
4511.19 of the Revised Code. | 6101 |
(JJ) "Designated homicide, assault, or kidnapping offense," | 6102 |
"violent sex offense," "sexual motivation specification," | 6103 |
"sexually violent offense," "sexually violent predator," and | 6104 |
"sexually violent predator specification" have the same meanings | 6105 |
as in section 2971.01 of the Revised Code. | 6106 |
(KK) "Sexually oriented offense," "child-victim oriented | 6107 |
offense," and "tier III sex offender/child-victim offender," have | 6108 |
the same meanings as in section 2950.01 of the Revised Code. | 6109 |
(LL) An offense is "committed in the vicinity of a child" if | 6110 |
the offender commits the offense within thirty feet of or within | 6111 |
the same residential unit as a child who is under eighteen years | 6112 |
of age, regardless of whether the offender knows the age of the | 6113 |
child or whether the offender knows the offense is being | 6114 |
committed within thirty feet of or within the same residential | 6115 |
unit as the child and regardless of whether the child actually | 6116 |
views the commission of the offense. | 6117 |
(MM) "Family or household member" has the same meaning as in | 6118 |
section 2919.25 of the Revised Code. | 6119 |
(NN) "Motor vehicle" and "manufactured home" have the same | 6120 |
meanings as in section 4501.01 of the Revised Code. | 6121 |
(OO) "Detention" and "detention facility" have the same | 6122 |
meanings as in section 2921.01 of the Revised Code. | 6123 |
(PP) "Third degree felony OVI offense" means a violation of | 6124 |
division (A) of section 4511.19 of the Revised Code that, under | 6125 |
division (G) of that section, is a felony of the third degree. | 6126 |
(QQ) "Random drug testing" has the same meaning as in section | 6127 |
5120.63 of the Revised Code. | 6128 |
(RR) "Felony sex offense" has the same meaning as in section | 6129 |
2967.28 of the Revised Code. | 6130 |
(SS) "Body armor" has the same meaning as in section | 6131 |
2941.1411 of the Revised Code. | 6132 |
(TT) "Electronic monitoring" means monitoring through the use | 6133 |
of an electronic monitoring device. | 6134 |
(UU) "Electronic monitoring device" means any of the | 6135 |
following: | 6136 |
(1) Any device that can be operated by electrical or battery | 6137 |
power and that conforms with all of the following: | 6138 |
(a) The device has a transmitter that can be attached to a | 6139 |
person, that will transmit a specified signal to a receiver of the | 6140 |
type described in division (UU)(1)(b) of this section if the | 6141 |
transmitter is removed from the person, turned off, or altered in | 6142 |
any manner without prior court approval in relation to electronic | 6143 |
monitoring or without prior approval of the department of | 6144 |
rehabilitation and correction in relation to the use of an | 6145 |
electronic monitoring device for an inmate on transitional control | 6146 |
or otherwise is tampered with, that can transmit continuously and | 6147 |
periodically a signal to that receiver when the person is within a | 6148 |
specified distance from the receiver, and that can transmit an | 6149 |
appropriate signal to that receiver if the person to whom it is | 6150 |
attached travels a specified distance from that receiver. | 6151 |
(b) The device has a receiver that can receive continuously | 6152 |
the signals transmitted by a transmitter of the type described in | 6153 |
division (UU)(1)(a) of this section, can transmit continuously | 6154 |
those signals by telephone to a central monitoring computer of the | 6155 |
type described in division (UU)(1)(c) of this section, and can | 6156 |
transmit continuously an appropriate signal to that central | 6157 |
monitoring computer if the receiver is turned off or altered | 6158 |
without prior court approval or otherwise tampered with. | 6159 |
(c) The device has a central monitoring computer that can | 6160 |
receive continuously the signals transmitted by telephone by a | 6161 |
receiver of the type described in division (UU)(1)(b) of this | 6162 |
section and can monitor continuously the person to whom an | 6163 |
electronic monitoring device of the type described in division | 6164 |
(UU)(1)(a) of this section is attached. | 6165 |
(2) Any device that is not a device of the type described in | 6166 |
division (UU)(1) of this section and that conforms with all of | 6167 |
the following: | 6168 |
(a) The device includes a transmitter and receiver that can | 6169 |
monitor and determine the location of a subject person at any | 6170 |
time, or at a designated point in time, through the use of a | 6171 |
central monitoring computer or through other electronic means. | 6172 |
(b) The device includes a transmitter and receiver that can | 6173 |
determine at any time, or at a designated point in time, through | 6174 |
the use of a central monitoring computer or other electronic means | 6175 |
the fact that the transmitter is turned off or altered in any | 6176 |
manner without prior approval of the court in relation to the | 6177 |
electronic monitoring or without prior approval of the department | 6178 |
of rehabilitation and correction in relation to the use of an | 6179 |
electronic monitoring device for an inmate on transitional control | 6180 |
or otherwise is tampered with. | 6181 |
(3) Any type of technology that can adequately track or | 6182 |
determine the location of a subject person at any time and that is | 6183 |
approved by the director of rehabilitation and correction, | 6184 |
including, but not limited to, any satellite technology, voice | 6185 |
tracking system, or retinal scanning system that is so approved. | 6186 |
(VV) "Non-economic loss" means nonpecuniary harm suffered by | 6187 |
a victim of an offense as a result of or related to the | 6188 |
commission of the offense, including, but not limited to, pain | 6189 |
and suffering; loss of society, consortium, companionship, care, | 6190 |
assistance, attention, protection, advice, guidance, counsel, | 6191 |
instruction, training, or education; mental anguish; and any | 6192 |
other intangible loss. | 6193 |
(WW) "Prosecutor" has the same meaning as in section 2935.01 | 6194 |
of the Revised Code. | 6195 |
(XX) "Continuous alcohol monitoring" means the ability to | 6196 |
automatically test and periodically transmit alcohol consumption | 6197 |
levels and tamper attempts at least every hour, regardless of the | 6198 |
location of the person who is being monitored. | 6199 |
(YY) A person is "adjudicated a sexually violent predator" | 6200 |
if the person is convicted of or pleads guilty to a violent sex | 6201 |
offense and also is convicted of or pleads guilty to a sexually | 6202 |
violent predator specification that was included in the | 6203 |
indictment, count in the indictment, or information charging that | 6204 |
violent sex offense or if the person is convicted of or pleads | 6205 |
guilty to a designated homicide, assault, or kidnapping offense | 6206 |
and also is convicted of or pleads guilty to both a sexual | 6207 |
motivation specification and a sexually violent predator | 6208 |
specification that were included in the indictment, count in the | 6209 |
indictment, or information charging that designated homicide, | 6210 |
assault, or kidnapping offense. | 6211 |
(ZZ) An offense is "committed in proximity to a school" if | 6212 |
the offender commits the offense in a school safety zone or | 6213 |
within five hundred feet of any school building or the boundaries | 6214 |
of any school premises, regardless of whether the offender knows | 6215 |
the offense is being committed in a school safety zone or within | 6216 |
five hundred feet of any school building or the boundaries of any | 6217 |
school premises. | 6218 |
(AAA) "Human trafficking" means a scheme or plan to which all | 6219 |
of the following apply: | 6220 |
(1) Its object is to compel a victim or victims to engage in | 6221 |
sexual activity for hire, to engage in a performance that is | 6222 |
obscene, sexually oriented, or nudity oriented, or to be a model | 6223 |
or participant in the production of material that is obscene, | 6224 |
sexually oriented, or nudity oriented. | 6225 |
(2) It involves at least two felony offenses, whether or not | 6226 |
there has been a prior conviction for any of the felony offenses, | 6227 |
to which all of the following apply: | 6228 |
(a) Each of the felony offenses is a violation of section | 6229 |
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or | 6230 |
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5) | 6231 |
of section 2919.22 of the Revised Code or is a violation of a law | 6232 |
of any state other than this state that is substantially similar | 6233 |
to any of the sections or divisions of the Revised Code identified | 6234 |
in this division. | 6235 |
(b) At least one of the felony offenses was committed in this | 6236 |
state. | 6237 |
(c) The felony offenses are related to the same scheme or | 6238 |
plan, are not isolated instances, and are not so closely related | 6239 |
to each other and connected in time and place that they constitute | 6240 |
a single event or transaction. | 6241 |
(BBB) "Material," "nudity," "obscene," "performance," and | 6242 |
"sexual activity" have the same meanings as in section 2907.01 of | 6243 |
the Revised Code. | 6244 |
(CCC) "Material that is obscene, sexually oriented, or nudity | 6245 |
oriented" means any material that is obscene, that shows a person | 6246 |
participating or engaging in sexual activity, masturbation, or | 6247 |
bestiality, or that shows a person in a state of nudity. | 6248 |
(DDD) "Performance that is obscene, sexually oriented, or | 6249 |
nudity oriented" means any performance that is obscene, that shows | 6250 |
a person participating or engaging in sexual activity, | 6251 |
masturbation, or bestiality, or that shows a person in a state of | 6252 |
nudity. | 6253 |
Sec. 2929.13. (A) Except as provided in division (E), (F), | 6254 |
or (G) of this section and unless a specific sanction is required | 6255 |
to be imposed or is precluded from being imposed pursuant to law, | 6256 |
a court that imposes a sentence upon an offender for a felony may | 6257 |
impose any sanction or combination of sanctions on the offender | 6258 |
that are provided in sections 2929.14 to 2929.18 of the Revised | 6259 |
Code. The sentence shall not impose an unnecessary burden on state | 6260 |
or local government resources. | 6261 |
If the offender is eligible to be sentenced to community | 6262 |
control sanctions, the court shall consider the appropriateness of | 6263 |
imposing a financial sanction pursuant to section 2929.18 of the | 6264 |
Revised Code or a sanction of community service pursuant to | 6265 |
section 2929.17 of the Revised Code as the sole sanction for the | 6266 |
offense. Except as otherwise provided in this division, if the | 6267 |
court is required to impose a mandatory prison term for the | 6268 |
offense for which sentence is being imposed, the court also shall | 6269 |
impose any financial sanction pursuant to section 2929.18 of the | 6270 |
Revised Code that is required for the offense and may impose any | 6271 |
other financial sanction pursuant to that section but may not | 6272 |
impose any additional sanction or combination of sanctions under | 6273 |
section 2929.16 or 2929.17 of the Revised Code. | 6274 |
If the offender is being sentenced for a fourth degree felony | 6275 |
OVI offense or for a third degree felony OVI offense, in addition | 6276 |
to the mandatory term of local incarceration or the mandatory | 6277 |
prison term required for the offense by division (G)(1) or (2) of | 6278 |
this section, the court shall impose upon the offender a mandatory | 6279 |
fine in accordance with division (B)(3) of section 2929.18 of the | 6280 |
Revised Code and may impose whichever of the following is | 6281 |
applicable: | 6282 |
(1) For a fourth degree felony OVI offense for which sentence | 6283 |
is imposed under division (G)(1) of this section, an additional | 6284 |
community control sanction or combination of community control | 6285 |
sanctions under section 2929.16 or 2929.17 of the Revised Code. If | 6286 |
the court imposes upon the offender a community control sanction | 6287 |
and the offender violates any condition of the community control | 6288 |
sanction, the court may take any action prescribed in division (B) | 6289 |
of section 2929.15 of the Revised Code relative to the offender, | 6290 |
including imposing a prison term on the offender pursuant to that | 6291 |
division. | 6292 |
(2) For a third or fourth degree felony OVI offense for which | 6293 |
sentence is imposed under division (G)(2) of this section, an | 6294 |
additional prison term as described in division (D)(4) of section | 6295 |
2929.14 of the Revised Code or a community control sanction as | 6296 |
described in division (G)(2) of this section. | 6297 |
(B)(1) Except as provided in division (B)(2), (E), (F), or | 6298 |
(G) of this section, in sentencing an offender for a felony of the | 6299 |
fourth or fifth degree, the sentencing court shall determine | 6300 |
whether any of the following apply: | 6301 |
(a) In committing the offense, the offender caused physical | 6302 |
harm to a person. | 6303 |
(b) In committing the offense, the offender attempted to | 6304 |
cause or made an actual threat of physical harm to a person with a | 6305 |
deadly weapon. | 6306 |
(c) In committing the offense, the offender attempted to | 6307 |
cause or made an actual threat of physical harm to a person, and | 6308 |
the offender previously was convicted of an offense that caused | 6309 |
physical harm to a person. | 6310 |
(d) The offender held a public office or position of trust | 6311 |
and the offense related to that office or position; the offender's | 6312 |
position obliged the offender to prevent the offense or to bring | 6313 |
those committing it to justice; or the offender's professional | 6314 |
reputation or position facilitated the offense or was likely to | 6315 |
influence the future conduct of others. | 6316 |
(e) The offender committed the offense for hire or as part of | 6317 |
an organized criminal activity. | 6318 |
(f) The offense is a sex offense that is a fourth or fifth | 6319 |
degree felony violation of section 2907.03, 2907.04, 2907.05, | 6320 |
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the | 6321 |
Revised Code. | 6322 |
(g) The offender at the time of the offense was serving, or | 6323 |
the offender previously had served, a prison term. | 6324 |
(h) The offender committed the offense while under a | 6325 |
community control sanction, while on probation, or while released | 6326 |
from custody on a bond or personal recognizance. | 6327 |
(i) The offender committed the offense while in possession of | 6328 |
a firearm. | 6329 |
(2)(a) If the court makes a finding described in division | 6330 |
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this | 6331 |
section and if the court, after considering the factors set forth | 6332 |
in section 2929.12 of the Revised Code, finds that a prison term | 6333 |
is consistent with the purposes and principles of sentencing set | 6334 |
forth in section 2929.11 of the Revised Code and finds that the | 6335 |
offender is not amenable to an available community control | 6336 |
sanction, the court shall impose a prison term upon the offender. | 6337 |
(b) Except as provided in division (E), (F), or (G) of this | 6338 |
section, if the court does not make a finding described in | 6339 |
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of | 6340 |
this section and if the court, after considering the factors set | 6341 |
forth in section 2929.12 of the Revised Code, finds that a | 6342 |
community control sanction or combination of community control | 6343 |
sanctions is consistent with the purposes and principles of | 6344 |
sentencing set forth in section 2929.11 of the Revised Code, the | 6345 |
court shall impose a community control sanction or combination of | 6346 |
community control sanctions upon the offender. | 6347 |
(C) Except as provided in division (D), (E), (F), or (G) of | 6348 |
this section, in determining whether to impose a prison term as a | 6349 |
sanction for a felony of the third degree or a felony drug offense | 6350 |
that is a violation of a provision of Chapter 2925. of the Revised | 6351 |
Code and that is specified as being subject to this division for | 6352 |
purposes of sentencing, the sentencing court shall comply with the | 6353 |
purposes and principles of sentencing under section 2929.11 of the | 6354 |
Revised Code and with section 2929.12 of the Revised Code. | 6355 |
(D)(1) Except as provided in division (E) or (F) of this | 6356 |
section, for a felony of the first or second degree, for a felony | 6357 |
drug offense that is a violation of any provision of Chapter | 6358 |
2925., 3719., or 4729. of the Revised Code for which a presumption | 6359 |
in favor of a prison term is specified as being applicable, and | 6360 |
for a violation of division (A)(4) or (B) of section 2907.05 of | 6361 |
the Revised Code for which a presumption in favor of a prison term | 6362 |
is specified as being applicable, it is presumed that a prison | 6363 |
term is necessary in order to comply with the purposes and | 6364 |
principles of sentencing under section 2929.11 of the Revised | 6365 |
Code. Division (D)(2) of this section does not apply to a | 6366 |
presumption established under this division for a violation of | 6367 |
division (A)(4) of section 2907.05 of the Revised Code. | 6368 |
(2) Notwithstanding the presumption established under | 6369 |
division (D)(1) of this section for the offenses listed in that | 6370 |
division other than a violation of division (A)(4) or (B) of | 6371 |
section 2907.05 of the Revised Code, the sentencing court may | 6372 |
impose a community control sanction or a combination of community | 6373 |
control sanctions instead of a prison term on an offender for a | 6374 |
felony of the first or second degree or for a felony drug offense | 6375 |
that is a violation of any provision of Chapter 2925., 3719., or | 6376 |
4729. of the Revised Code for which a presumption in favor of a | 6377 |
prison term is specified as being applicable if it makes both of | 6378 |
the following findings: | 6379 |
(a) A community control sanction or a combination of | 6380 |
community control sanctions would adequately punish the offender | 6381 |
and protect the public from future crime, because the applicable | 6382 |
factors under section 2929.12 of the Revised Code indicating a | 6383 |
lesser likelihood of recidivism outweigh the applicable factors | 6384 |
under that section indicating a greater likelihood of recidivism. | 6385 |
(b) A community control sanction or a combination of | 6386 |
community control sanctions would not demean the seriousness of | 6387 |
the offense, because one or more factors under section 2929.12 of | 6388 |
the Revised Code that indicate that the offender's conduct was | 6389 |
less serious than conduct normally constituting the offense are | 6390 |
applicable, and they outweigh the applicable factors under that | 6391 |
section that indicate that the offender's conduct was more serious | 6392 |
than conduct normally constituting the offense. | 6393 |
(E)(1) Except as provided in division (F) of this section, | 6394 |
for any drug offense that is a violation of any provision of | 6395 |
Chapter 2925. of the Revised Code and that is a felony of the | 6396 |
third, fourth, or fifth degree, the applicability of a presumption | 6397 |
under division (D) of this section in favor of a prison term or of | 6398 |
division (B) or (C) of this section in determining whether to | 6399 |
impose a prison term for the offense shall be determined as | 6400 |
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 6401 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the | 6402 |
Revised Code, whichever is applicable regarding the violation. | 6403 |
(2) If an offender who was convicted of or pleaded guilty to | 6404 |
a felony violates the conditions of a community control sanction | 6405 |
imposed for the offense solely by reason of producing positive | 6406 |
results on a drug test, the court, as punishment for the violation | 6407 |
of the sanction, shall not order that the offender be imprisoned | 6408 |
unless the court determines on the record either of the following: | 6409 |
(a) The offender had been ordered as a sanction for the | 6410 |
felony to participate in a drug treatment program, in a drug | 6411 |
education program, or in narcotics anonymous or a similar program, | 6412 |
and the offender continued to use illegal drugs after a reasonable | 6413 |
period of participation in the program. | 6414 |
(b) The imprisonment of the offender for the violation is | 6415 |
consistent with the purposes and principles of sentencing set | 6416 |
forth in section 2929.11 of the Revised Code. | 6417 |
(3) A court that sentences an offender for a drug abuse | 6418 |
offense that is a felony of the third, fourth, or fifth degree | 6419 |
may require that the offender be assessed by a properly | 6420 |
credentialed professional within a specified period of time. The | 6421 |
court shall require the professional to file a written assessment | 6422 |
of the offender with the court. If the offender is eligible for a | 6423 |
community control sanction and after considering the written | 6424 |
assessment, the court may impose a community control sanction | 6425 |
that includes treatment and recovery support services authorized | 6426 |
by section 3793.02 of the Revised Code. If the court imposes | 6427 |
treatment and recovery support services as a community control | 6428 |
sanction, the court shall direct the level and type of treatment | 6429 |
and recovery support services after considering the assessment and | 6430 |
recommendation of treatment and recovery support services | 6431 |
providers. | 6432 |
(F) Notwithstanding divisions (A) to (E) of this section, the | 6433 |
court shall impose a prison term or terms under sections 2929.02 | 6434 |
to 2929.06, section 2929.14, section 2929.142, or section 2971.03 | 6435 |
of the Revised Code and except as specifically provided in section | 6436 |
2929.20, division (K) of section 2967.19, or section 2967.191 of | 6437 |
the Revised Code or when parole is authorized for the offense | 6438 |
under section 2967.13 of the Revised Code shall not reduce the | 6439 |
term or terms pursuant to section 2929.20, section 2967.19, | 6440 |
section 2967.193, or any other provision of Chapter 2967. or | 6441 |
Chapter 5120. of the Revised Code for any of the following | 6442 |
offenses: | 6443 |
(1) Aggravated murder when death is not imposed or murder; | 6444 |
(2) Any rape, regardless of whether force was involved and | 6445 |
regardless of the age of the victim, or an attempt to commit rape | 6446 |
if, had the offender completed the rape that was attempted, the | 6447 |
offender would have been guilty of a violation of division | 6448 |
(A)(1)(b) of section 2907.02 of the Revised Code and would be | 6449 |
sentenced under section 2971.03 of the Revised Code; | 6450 |
(3) Gross sexual imposition or sexual battery, if the victim | 6451 |
is less than thirteen years of age and if any of the following | 6452 |
applies: | 6453 |
(a) Regarding gross sexual imposition, the offender | 6454 |
previously was convicted of or pleaded guilty to rape, the former | 6455 |
offense of felonious sexual penetration, gross sexual imposition, | 6456 |
or sexual battery, and the victim of the previous offense was | 6457 |
less than thirteen years of age; | 6458 |
(b) Regarding gross sexual imposition, the offense was | 6459 |
committed on or after August 3, 2006, and evidence other than the | 6460 |
testimony of the victim was admitted in the case corroborating the | 6461 |
violation. | 6462 |
(c) Regarding sexual battery, either of the following | 6463 |
applies: | 6464 |
(i) The offense was committed prior to August 3, 2006, the | 6465 |
offender previously was convicted of or pleaded guilty to rape, | 6466 |
the former offense of felonious sexual penetration, or sexual | 6467 |
battery, and the victim of the previous offense was less than | 6468 |
thirteen years of age. | 6469 |
(ii) The offense was committed on or after August 3, 2006. | 6470 |
(4) A felony violation of section 2903.04, 2903.06, 2903.08, | 6471 |
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the | 6472 |
section requires the imposition of a prison term; | 6473 |
(5) A first, second, or third degree felony drug offense for | 6474 |
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 6475 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 6476 |
4729.99 of the Revised Code, whichever is applicable regarding the | 6477 |
violation, requires the imposition of a mandatory prison term; | 6478 |
(6) Any offense that is a first or second degree felony and | 6479 |
that is not set forth in division (F)(1), (2), (3), or (4) of this | 6480 |
section, if the offender previously was convicted of or pleaded | 6481 |
guilty to aggravated murder, murder, any first or second degree | 6482 |
felony, or an offense under an existing or former law of this | 6483 |
state, another state, or the United States that is or was | 6484 |
substantially equivalent to one of those offenses; | 6485 |
(7) Any offense that is a third degree felony and either is | 6486 |
a violation of section 2903.04 of the Revised Code or an attempt | 6487 |
to commit a felony of the second degree that is an offense of | 6488 |
violence and involved an attempt to cause serious physical harm to | 6489 |
a person or that resulted in serious physical harm to a person if | 6490 |
the offender previously was convicted of or pleaded guilty to any | 6491 |
of the following offenses: | 6492 |
(a) Aggravated murder, murder, involuntary manslaughter, | 6493 |
rape, felonious sexual penetration as it existed under section | 6494 |
2907.12 of the Revised Code prior to September 3, 1996, a felony | 6495 |
of the first or second degree that resulted in the death of a | 6496 |
person or in physical harm to a person, or complicity in or an | 6497 |
attempt to commit any of those offenses; | 6498 |
(b) An offense under an existing or former law of this state, | 6499 |
another state, or the United States that is or was substantially | 6500 |
equivalent to an offense listed in division (F)(7)(a) of this | 6501 |
section that resulted in the death of a person or in physical harm | 6502 |
to a person. | 6503 |
(8) Any offense, other than a violation of section 2923.12 of | 6504 |
the Revised Code, that is a felony, if the offender had a firearm | 6505 |
on or about the offender's person or under the offender's control | 6506 |
while committing the felony, with respect to a portion of the | 6507 |
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 | 6508 |
of the Revised Code for having the firearm; | 6509 |
(9) Any offense of violence that is a felony, if the offender | 6510 |
wore or carried body armor while committing the felony offense of | 6511 |
violence, with respect to the portion of the sentence imposed | 6512 |
pursuant to division (D)(1)(d) of section 2929.14 of the Revised | 6513 |
Code for wearing or carrying the body armor; | 6514 |
(10) Corrupt activity in violation of section 2923.32 of the | 6515 |
Revised Code when the most serious offense in the pattern of | 6516 |
corrupt activity that is the basis of the offense is a felony of | 6517 |
the first degree; | 6518 |
(11) Any violent sex offense or designated homicide, assault, | 6519 |
or kidnapping offense if, in relation to that offense, the | 6520 |
offender is adjudicated a sexually violent predator; | 6521 |
(12) A violation of division (A)(1) or (2) of section 2921.36 | 6522 |
of the Revised Code, or a violation of division (C) of that | 6523 |
section involving an item listed in division (A)(1) or (2) of that | 6524 |
section, if the offender is an officer or employee of the | 6525 |
department of rehabilitation and correction; | 6526 |
(13) A violation of division (A)(1) or (2) of section 2903.06 | 6527 |
of the Revised Code if the victim of the offense is a peace | 6528 |
officer, as defined in section 2935.01 of the Revised Code, or an | 6529 |
investigator of the bureau of criminal identification and | 6530 |
investigation, as defined in section 2903.11 of the Revised Code, | 6531 |
with respect to the portion of the sentence imposed pursuant to | 6532 |
division (D)(5) of section 2929.14 of the Revised Code; | 6533 |
(14) A violation of division (A)(1) or (2) of section 2903.06 | 6534 |
of the Revised Code if the offender has been convicted of or | 6535 |
pleaded guilty to three or more violations of division (A) or (B) | 6536 |
of section 4511.19 of the Revised Code or an equivalent offense, | 6537 |
as defined in section 2941.1415 of the Revised Code, or three or | 6538 |
more violations of any combination of those divisions and | 6539 |
offenses, with respect to the portion of the sentence imposed | 6540 |
pursuant to division (D)(6) of section 2929.14 of the Revised | 6541 |
Code; | 6542 |
(15) Kidnapping, in the circumstances specified in section | 6543 |
2971.03 of the Revised Code and when no other provision of | 6544 |
division (F) of this section applies; | 6545 |
(16) Kidnapping, abduction, compelling prostitution, | 6546 |
promoting prostitution, engaging in a pattern of corrupt activity, | 6547 |
illegal use of a minor in a nudity-oriented material or | 6548 |
performance in violation of division (A)(1) or (2) of section | 6549 |
2907.323 of the Revised Code, or endangering children in violation | 6550 |
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of | 6551 |
the Revised Code, if the offender is convicted of or pleads | 6552 |
guilty to a specification as described in section 2941.1422 of | 6553 |
the Revised Code that was included in the indictment, count in | 6554 |
the indictment, or information charging the offense; | 6555 |
(17) A felony violation of division (A) or (B) of section | 6556 |
2919.25 of the Revised Code if division (D)(3), (4), or (5) of | 6557 |
that section, and division (A)(6) of that section, require the | 6558 |
imposition of a prison term; | 6559 |
(18) A felony violation of section 2903.11, 2903.12, or | 6560 |
2903.13 of the Revised Code, if the victim of the offense was a | 6561 |
woman that the offender knew was pregnant at the time of the | 6562 |
violation, with respect to a portion of the sentence imposed | 6563 |
pursuant to division (D)(8) of section 2929.14 of the Revised | 6564 |
Code. | 6565 |
(G) Notwithstanding divisions (A) to (E) of this section, if | 6566 |
an offender is being sentenced for a fourth degree felony OVI | 6567 |
offense or for a third degree felony OVI offense, the court shall | 6568 |
impose upon the offender a mandatory term of local incarceration | 6569 |
or a mandatory prison term in accordance with the following: | 6570 |
(1) If the offender is being sentenced for a fourth degree | 6571 |
felony OVI offense and if the offender has not been convicted of | 6572 |
and has not pleaded guilty to a specification of the type | 6573 |
described in section 2941.1413 of the Revised Code, the court may | 6574 |
impose upon the offender a mandatory term of local incarceration | 6575 |
of sixty days or one hundred twenty days as specified in division | 6576 |
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall | 6577 |
not reduce the term pursuant to section 2929.20, 2967.193, or any | 6578 |
other provision of the Revised Code. The court that imposes a | 6579 |
mandatory term of local incarceration under this division shall | 6580 |
specify whether the term is to be served in a jail, a | 6581 |
community-based correctional facility, a halfway house, or an | 6582 |
alternative residential facility, and the offender shall serve the | 6583 |
term in the type of facility specified by the court. A mandatory | 6584 |
term of local incarceration imposed under division (G)(1) of this | 6585 |
section is not subject to any other Revised Code provision that | 6586 |
pertains to a prison term except as provided in division (A)(1) | 6587 |
of this section. | 6588 |
(2) If the offender is being sentenced for a third degree | 6589 |
felony OVI offense, or if the offender is being sentenced for a | 6590 |
fourth degree felony OVI offense and the court does not impose a | 6591 |
mandatory term of local incarceration under division (G)(1) of | 6592 |
this section, the court shall impose upon the offender a mandatory | 6593 |
prison term of one, two, three, four, or five years if the | 6594 |
offender also is convicted of or also pleads guilty to a | 6595 |
specification of the type described in section 2941.1413 of the | 6596 |
Revised Code or shall impose upon the offender a mandatory prison | 6597 |
term of sixty days or one hundred twenty days as specified in | 6598 |
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code | 6599 |
if the offender has not been convicted of and has not pleaded | 6600 |
guilty to a specification of that type. | 6601 |
(K) of section 2967.19 of the Revised Code, the court shall not | 6602 |
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, | 6603 |
or any other provision of the Revised Code. The offender shall | 6604 |
serve the one-, two-, three-, four-, or five-year mandatory | 6605 |
prison term consecutively to and prior to the prison term | 6606 |
imposed for the underlying offense and consecutively to any | 6607 |
other mandatory prison term imposed in relation to the offense. | 6608 |
In no case shall an offender who once has been sentenced to a | 6609 |
mandatory term of local incarceration pursuant to division (G)(1) | 6610 |
of this section for a fourth degree felony OVI offense be | 6611 |
sentenced to another mandatory term of local incarceration under | 6612 |
that division for any violation of division (A) of section | 6613 |
4511.19 of the Revised Code. In addition to the mandatory prison | 6614 |
term described in division (G)(2) of this section, the court may | 6615 |
sentence the offender to a community control sanction under | 6616 |
section 2929.16 or 2929.17 of the Revised Code, but the offender | 6617 |
shall serve the prison term prior to serving the community | 6618 |
control sanction. The department of rehabilitation and correction | 6619 |
may place an offender sentenced to a mandatory prison term under | 6620 |
this division in an intensive program prison established pursuant | 6621 |
to section 5120.033 of the Revised Code if the department gave the | 6622 |
sentencing judge prior notice of its intent to place the offender | 6623 |
in an intensive program prison established under that section and | 6624 |
if the judge did not notify the department that the judge | 6625 |
disapproved the placement. Upon the establishment of the initial | 6626 |
intensive program prison pursuant to section 5120.033 of the | 6627 |
Revised Code that is privately operated and managed by a | 6628 |
contractor pursuant to a contract entered into under section 9.06 | 6629 |
of the Revised Code, both of the following apply: | 6630 |
(a) The department of rehabilitation and correction shall | 6631 |
make a reasonable effort to ensure that a sufficient number of | 6632 |
offenders sentenced to a mandatory prison term under this division | 6633 |
are placed in the privately operated and managed prison so that | 6634 |
the privately operated and managed prison has full occupancy. | 6635 |
(b) Unless the privately operated and managed prison has full | 6636 |
occupancy, the department of rehabilitation and correction shall | 6637 |
not place any offender sentenced to a mandatory prison term under | 6638 |
this division in any intensive program prison established pursuant | 6639 |
to section 5120.033 of the Revised Code other than the privately | 6640 |
operated and managed prison. | 6641 |
(H) If an offender is being sentenced for a sexually oriented | 6642 |
offense or child-victim oriented offense that is a felony | 6643 |
committed on or after January 1, 1997, the judge shall require the | 6644 |
offender to submit to a DNA specimen collection procedure pursuant | 6645 |
to section 2901.07 of the Revised Code. | 6646 |
(I) If an offender is being sentenced for a sexually oriented | 6647 |
offense or a child-victim oriented offense committed on or after | 6648 |
January 1, 1997, the judge shall include in the sentence a | 6649 |
summary of the offender's duties imposed under sections 2950.04, | 6650 |
2950.041, 2950.05, and 2950.06 of the Revised Code and the | 6651 |
duration of the duties. The judge shall inform the offender, at | 6652 |
the time of sentencing, of those duties and of their duration. If | 6653 |
required under division (A)(2) of section 2950.03 of the Revised | 6654 |
Code, the judge shall perform the duties specified in that | 6655 |
section, or, if required under division (A)(6) of section 2950.03 | 6656 |
of the Revised Code, the judge shall perform the duties specified | 6657 |
in that division. | 6658 |
(J)(1) Except as provided in division (J)(2) of this section, | 6659 |
when considering sentencing factors under this section in relation | 6660 |
to an offender who is convicted of or pleads guilty to an attempt | 6661 |
to commit an offense in violation of section 2923.02 of the | 6662 |
Revised Code, the sentencing court shall consider the factors | 6663 |
applicable to the felony category of the violation of section | 6664 |
2923.02 of the Revised Code instead of the factors applicable to | 6665 |
the felony category of the offense attempted. | 6666 |
(2) When considering sentencing factors under this section in | 6667 |
relation to an offender who is convicted of or pleads guilty to an | 6668 |
attempt to commit a drug abuse offense for which the penalty is | 6669 |
determined by the amount or number of unit doses of the controlled | 6670 |
substance involved in the drug abuse offense, the sentencing court | 6671 |
shall consider the factors applicable to the felony category that | 6672 |
the drug abuse offense attempted would be if that drug abuse | 6673 |
offense had been committed and had involved an amount or number of | 6674 |
unit doses of the controlled substance that is within the next | 6675 |
lower range of controlled substance amounts than was involved in | 6676 |
the attempt. | 6677 |
(K) As used in this section, "drug abuse offense" has the | 6678 |
same meaning as in section 2925.01 of the Revised Code. | 6679 |
(L) At the time of sentencing an offender for any sexually | 6680 |
oriented offense, if the offender is a tier III sex | 6681 |
offender/child-victim offender relative to that offense and the | 6682 |
offender does not serve a prison term or jail term, the court may | 6683 |
require that the offender be monitored by means of a global | 6684 |
positioning device. If the court requires such monitoring, the | 6685 |
cost of monitoring shall be borne by the offender. If the | 6686 |
offender is indigent, the cost of compliance shall be paid by the | 6687 |
crime victims reparations fund. | 6688 |
Sec. 2929.14. (A) Except as provided in division (C), | 6689 |
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8), | 6690 |
(G), (I), (J), or (L) of this section or in division (D)(6) of | 6691 |
section 2919.25 of the Revised Code and except in relation to an | 6692 |
offense for which a sentence of death or life imprisonment is | 6693 |
to be imposed, if the court imposing a sentence upon an | 6694 |
offender for a felony elects or is required to impose a prison | 6695 |
term on the offender pursuant to this chapter, the court shall | 6696 |
impose a definite prison term that shall be one of the | 6697 |
following: | 6698 |
(1) For a felony of the first degree, the prison term shall | 6699 |
be three, four, five, six, seven, eight, nine, or ten years. | 6700 |
(2) For a felony of the second degree, the prison term shall | 6701 |
be two, three, four, five, six, seven, or eight years. | 6702 |
(3) For a felony of the third degree, the prison term shall | 6703 |
be one, two, three, four, or five years. | 6704 |
(4) For a felony of the fourth degree, the prison term shall | 6705 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 6706 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 6707 |
(5) For a felony of the fifth degree, the prison term shall | 6708 |
be six, seven, eight, nine, ten, eleven, or twelve months. | 6709 |
(B) Except as provided in division (C), (D)(1), (D)(2), | 6710 |
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of | 6711 |
this section, in section 2907.02 , 2907.05, or 2919.25 of the | 6712 |
Revised Code, or in Chapter 2925. of the Revised Code, if the | 6713 |
court imposing a sentence upon an offender for a felony elects | 6714 |
or is required to impose a prison term on the offender, the | 6715 |
court shall impose the shortest prison term authorized for the | 6716 |
offense pursuant to division (A) of this section, unless one or | 6717 |
more of the following applies: | 6718 |
(1) The offender was serving a prison term at the time of the | 6719 |
offense, or the offender previously had served a prison term. | 6720 |
(2) The court finds on the record that the shortest prison | 6721 |
term will demean the seriousness of the offender's conduct or will | 6722 |
not adequately protect the public from future crime by the | 6723 |
offender or others. | 6724 |
(C) Except as provided in division (D)(7), (D)(8), (G), or | 6725 |
(L) of this section, in section 2919.25 of the Revised Code, or | 6726 |
in Chapter 2925. of the Revised Code, the court imposing a | 6727 |
sentence upon an offender for a felony may impose the longest | 6728 |
prison term authorized for the offense pursuant to division (A) | 6729 |
of this section only upon offenders who committed the worst forms | 6730 |
of the offense, upon offenders who pose the greatest likelihood | 6731 |
of committing future crimes, upon certain major drug offenders | 6732 |
under division (D)(3) of this section, and upon certain repeat | 6733 |
violent offenders in accordance with division (D)(2) of this | 6734 |
section. | 6735 |
(D)(1)(a) Except as provided in division (D)(1)(e) of this | 6736 |
section, if an offender who is convicted of or pleads guilty to a | 6737 |
felony also is convicted of or pleads guilty to a specification of | 6738 |
the type described in section 2941.141, 2941.144, or 2941.145 of | 6739 |
the Revised Code, the court shall impose on the offender one of | 6740 |
the following prison terms: | 6741 |
(i) A prison term of six years if the specification is of the | 6742 |
type described in section 2941.144 of the Revised Code that | 6743 |
charges the offender with having a firearm that is an automatic | 6744 |
firearm or that was equipped with a firearm muffler or silencer on | 6745 |
or about the offender's person or under the offender's control | 6746 |
while committing the felony; | 6747 |
(ii) A prison term of three years if the specification is of | 6748 |
the type described in section 2941.145 of the Revised Code that | 6749 |
charges the offender with having a firearm on or about the | 6750 |
offender's person or under the offender's control while committing | 6751 |
the offense and displaying the firearm, brandishing the firearm, | 6752 |
indicating that the offender possessed the firearm, or using it to | 6753 |
facilitate the offense; | 6754 |
(iii) A prison term of one year if the specification is of | 6755 |
the type described in section 2941.141 of the Revised Code that | 6756 |
charges the offender with having a firearm on or about the | 6757 |
offender's person or under the offender's control while committing | 6758 |
the felony. | 6759 |
(b) If a court imposes a prison term on an offender under | 6760 |
division (D)(1)(a) of this section, subject to division (K) of | 6761 |
section 2967.19 of the Revised Code, the prison term shall not be | 6762 |
reduced pursuant to section 2967.19, section 2929.20, section | 6763 |
2967.193, or any other provision of Chapter 2967. or Chapter | 6764 |
5120. of the Revised Code. Except as provided in division | 6765 |
(D)(1)(g) of this section, a court shall not impose more than | 6766 |
one prison term on an offender under division (D)(1)(a) of this | 6767 |
section for felonies committed as part of the same act or | 6768 |
transaction. | 6769 |
(c) Except as provided in division (D)(1)(e) of this section, | 6770 |
if an offender who is convicted of or pleads guilty to a violation | 6771 |
of section 2923.161 of the Revised Code or to a felony that | 6772 |
includes, as an essential element, purposely or knowingly causing | 6773 |
or attempting to cause the death of or physical harm to another, | 6774 |
also is convicted of or pleads guilty to a specification of the | 6775 |
type described in section 2941.146 of the Revised Code that | 6776 |
charges the offender with committing the offense by discharging a | 6777 |
firearm from a motor vehicle other than a manufactured home, the | 6778 |
court, after imposing a prison term on the offender for the | 6779 |
violation of section 2923.161 of the Revised Code or for the other | 6780 |
felony offense under division (A), (D)(2), or (D)(3) of this | 6781 |
section, shall impose an additional prison term of five years upon | 6782 |
the offender that,subject to division (K) of section 2967.19 of | 6783 |
the Revised Code, shall not be reduced pursuant to section | 6784 |
2929.20, section 2967.19, section 2967.193, or any other provision | 6785 |
of Chapter 2967. or Chapter 5120. of the Revised Code. A court | 6786 |
shall not impose more than one additional prison term on an | 6787 |
offender under division (D)(1)(c) of this section for felonies | 6788 |
committed as part of the same act or transaction. If a court | 6789 |
imposes an additional prison term on an offender under division | 6790 |
(D)(1)(c) of this section relative to an offense, the court also | 6791 |
shall impose a prison term under division (D)(1)(a) of this | 6792 |
section relative to the same offense, provided the criteria | 6793 |
specified in that division for imposing an additional prison term | 6794 |
are satisfied relative to the offender and the offense. | 6795 |
(d) If an offender who is convicted of or pleads guilty to | 6796 |
an offense of violence that is a felony also is convicted of or | 6797 |
pleads guilty to a specification of the type described in section | 6798 |
2941.1411 of the Revised Code that charges the offender with | 6799 |
wearing or carrying body armor while committing the felony offense | 6800 |
of violence, the court shall impose on the offender a prison term | 6801 |
of two years. The prison term so imposed, subject to division (K) | 6802 |
of section 2967.19 of the Revised Code, shall not be reduced | 6803 |
pursuant to section 2929.20, section 2967.19, section 2967.193, or | 6804 |
any other provision of Chapter 2967. or Chapter 5120. of the | 6805 |
Revised Code. A court shall not impose more than one prison term | 6806 |
on an offender under division (D)(1)(d) of this section for | 6807 |
felonies committed as part of the same act or transaction. If a | 6808 |
court imposes an additional prison term under division (D)(1)(a) | 6809 |
or (c) of this section, the court is not precluded from imposing | 6810 |
an additional prison term under division (D)(1)(d) of this | 6811 |
section. | 6812 |
(e) The court shall not impose any of the prison terms | 6813 |
described in division (D)(1)(a) of this section or any of the | 6814 |
additional prison terms described in division (D)(1)(c) of this | 6815 |
section upon an offender for a violation of section 2923.12 or | 6816 |
2923.123 of the Revised Code. The court shall not impose any of | 6817 |
the prison terms described in division (D)(1)(a) or (b) of this | 6818 |
section upon an offender for a violation of section 2923.122 that | 6819 |
involves a deadly weapon that is a firearm other than a dangerous | 6820 |
ordnance, section 2923.16, or section 2923.121 of the Revised | 6821 |
Code. The court shall not impose any of the prison terms described | 6822 |
in division (D)(1)(a) of this section or any of the additional | 6823 |
prison terms described in division (D)(1)(c) of this section upon | 6824 |
an offender for a violation of section 2923.13 of the Revised Code | 6825 |
unless all of the following apply: | 6826 |
(i) The offender previously has been convicted of aggravated | 6827 |
murder, murder, or any felony of the first or second degree. | 6828 |
(ii) Less than five years have passed since the offender was | 6829 |
released from prison or post-release control, whichever is later, | 6830 |
for the prior offense. | 6831 |
(f) If an offender is convicted of or pleads guilty to a | 6832 |
felony that includes, as an essential element, causing or | 6833 |
attempting to cause the death of or physical harm to another and | 6834 |
also is convicted of or pleads guilty to a specification of the | 6835 |
type described in section 2941.1412 of the Revised Code that | 6836 |
charges the offender with committing the offense by discharging a | 6837 |
firearm at a peace officer as defined in section 2935.01 of the | 6838 |
Revised Code or a corrections officer, as defined in section | 6839 |
2941.1412 of the Revised Code, the court, after imposing a prison | 6840 |
term on the offender for the felony offense under division (A), | 6841 |
(D)(2), or (D)(3) of this section, shall impose an additional | 6842 |
prison term of seven years upon the offender that, subject to | 6843 |
division (K) of section 2967.28 of the Revised Code, shall not be | 6844 |
reduced pursuant to section 2929.20, section 2967.19, section | 6845 |
2967.193, or any other provision of Chapter 2967. or Chapter | 6846 |
5120. of the Revised Code. If an offender is convicted of or | 6847 |
pleads guilty to two or more felonies that include, as an | 6848 |
essential element, causing or attempting to cause the death or | 6849 |
physical harm to another and also is convicted of or pleads | 6850 |
guilty to a specification of the type described under division | 6851 |
(D)(1)(f) of this section in connection with two or more of the | 6852 |
felonies of which the offender is convicted or to which the | 6853 |
offender pleads guilty, the sentencing court shall impose on the | 6854 |
offender the prison term specified under division (D)(1)(f) of | 6855 |
this section for each of two of the specifications of which the | 6856 |
offender is convicted or to which the offender pleads guilty | 6857 |
and, in its discretion, also may impose on the offender the | 6858 |
prison term specified under that division for any or all of the | 6859 |
remaining specifications. If a court imposes an additional | 6860 |
prison term on an offender under division (D)(1)(f) of this | 6861 |
section relative to an offense, the court shall not impose a | 6862 |
prison term under division (D)(1)(a) or (c) of this section | 6863 |
relative to the same offense. | 6864 |
(g) If an offender is convicted of or pleads guilty to two | 6865 |
or more felonies, if one or more of those felonies is aggravated | 6866 |
murder, murder, attempted aggravated murder, attempted murder, | 6867 |
aggravated robbery, felonious assault, or rape, and if the | 6868 |
offender is convicted of or pleads guilty to a specification of | 6869 |
the type described under division (D)(1)(a) of this section in | 6870 |
connection with two or more of the felonies, the sentencing court | 6871 |
shall impose on the offender the prison term specified under | 6872 |
division (D)(1)(a) of this section for each of the two most | 6873 |
serious specifications of which the offender is convicted or to | 6874 |
which the offender pleads guilty and, in its discretion, also may | 6875 |
impose on the offender the prison term specified under that | 6876 |
division for any or all of the remaining specifications. | 6877 |
(2)(a) If division (D)(2)(b) of this section does not apply, | 6878 |
the court may impose on an offender, in addition to the longest | 6879 |
prison term authorized or required for the offense, an additional | 6880 |
definite prison term of one, two, three, four, five, six, seven, | 6881 |
eight, nine, or ten years if all of the following criteria are | 6882 |
met: | 6883 |
(i) The offender is convicted of or pleads guilty to a | 6884 |
specification of the type described in section 2941.149 of the | 6885 |
Revised Code that the offender is a repeat violent offender. | 6886 |
(ii) The offense of which the offender currently is convicted | 6887 |
or to which the offender currently pleads guilty is aggravated | 6888 |
murder and the court does not impose a sentence of death or life | 6889 |
imprisonment without parole, murder, terrorism and the court does | 6890 |
not impose a sentence of life imprisonment without parole, any | 6891 |
felony of the first degree that is an offense of violence and the | 6892 |
court does not impose a sentence of life imprisonment without | 6893 |
parole, or any felony of the second degree that is an offense of | 6894 |
violence and the trier of fact finds that the offense involved an | 6895 |
attempt to cause or a threat to cause serious physical harm to a | 6896 |
person or resulted in serious physical harm to a person. | 6897 |
(iii) The court imposes the longest prison term for the | 6898 |
offense that is not life imprisonment without parole. | 6899 |
(iv) The court finds that the prison terms imposed pursuant | 6900 |
to division (D)(2)(a)(iii) of this section and, if applicable, | 6901 |
division (D)(1) or (3) of this section are inadequate to punish | 6902 |
the offender and protect the public from future crime, because the | 6903 |
applicable factors under section 2929.12 of the Revised Code | 6904 |
indicating a greater likelihood of recidivism outweigh the | 6905 |
applicable factors under that section indicating a lesser | 6906 |
likelihood of recidivism. | 6907 |
(v) The court finds that the prison terms imposed pursuant | 6908 |
to division (D)(2)(a)(iii) of this section and, if applicable, | 6909 |
division (D)(1) or (3) of this section are demeaning to the | 6910 |
seriousness of the offense, because one or more of the factors | 6911 |
under section 2929.12 of the Revised Code indicating that the | 6912 |
offender's conduct is more serious than conduct normally | 6913 |
constituting the offense are present, and they outweigh the | 6914 |
applicable factors under that section indicating that the | 6915 |
offender's conduct is less serious than conduct normally | 6916 |
constituting the offense. | 6917 |
(b) The court shall impose on an offender the longest prison | 6918 |
term authorized or required for the offense and shall impose on | 6919 |
the offender an additional definite prison term of one, two, | 6920 |
three, four, five, six, seven, eight, nine, or ten years if all of | 6921 |
the following criteria are met: | 6922 |
(i) The offender is convicted of or pleads guilty to a | 6923 |
specification of the type described in section 2941.149 of the | 6924 |
Revised Code that the offender is a repeat violent offender. | 6925 |
(ii) The offender within the preceding twenty years has been | 6926 |
convicted of or pleaded guilty to three or more offenses described | 6927 |
in division (CC)(1) of section 2929.01 of the Revised Code, | 6928 |
including all offenses described in that division of which the | 6929 |
offender is convicted or to which the offender pleads guilty in | 6930 |
the current prosecution and all offenses described in that | 6931 |
division of which the offender previously has been convicted or to | 6932 |
which the offender previously pleaded guilty, whether prosecuted | 6933 |
together or separately. | 6934 |
(iii) The offense or offenses of which the offender currently | 6935 |
is convicted or to which the offender currently pleads guilty is | 6936 |
aggravated murder and the court does not impose a sentence of | 6937 |
death or life imprisonment without parole, murder, terrorism and | 6938 |
the court does not impose a sentence of life imprisonment without | 6939 |
parole, any felony of the first degree that is an offense of | 6940 |
violence and the court does not impose a sentence of life | 6941 |
imprisonment without parole, or any felony of the second degree | 6942 |
that is an offense of violence and the trier of fact finds that | 6943 |
the offense involved an attempt to cause or a threat to cause | 6944 |
serious physical harm to a person or resulted in serious physical | 6945 |
harm to a person. | 6946 |
(c) For purposes of division (D)(2)(b) of this section, two | 6947 |
or more offenses committed at the same time or as part of the same | 6948 |
act or event shall be considered one offense, and that one offense | 6949 |
shall be the offense with the greatest penalty. | 6950 |
(d) A sentence imposed under division (D)(2)(a) or (b) of | 6951 |
this section, subject to division (K) of section 2967.19 of the | 6952 |
Revised Code, shall not be reduced pursuant to section 2929.20, | 6953 |
section 2967.19, or section 2967.193, or any other provision of | 6954 |
Chapter 2967. or Chapter 5120. of the Revised Code. The offender | 6955 |
shall serve an additional prison term imposed under this section | 6956 |
consecutively to and prior to the prison term imposed for the | 6957 |
underlying offense. | 6958 |
(e) When imposing a sentence pursuant to division (D)(2)(a) | 6959 |
or (b) of this section, the court shall state its findings | 6960 |
explaining the imposed sentence. | 6961 |
(3)(a) Except when an offender commits a violation of section | 6962 |
2903.01 or 2907.02 of the Revised Code and the penalty imposed for | 6963 |
the violation is life imprisonment or commits a violation of | 6964 |
section 2903.02 of the Revised Code, if the offender commits a | 6965 |
violation of section 2925.03 or 2925.11 of the Revised Code and | 6966 |
that section classifies the offender as a major drug offender and | 6967 |
requires the imposition of a ten-year prison term on the offender, | 6968 |
if the offender commits a felony violation of section 2925.02, | 6969 |
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, | 6970 |
4729.37, or 4729.61, division (C) or (D) of section 3719.172, | 6971 |
division (C) of section 4729.51, or division (J) of section | 6972 |
4729.54 of the Revised Code that includes the sale, offer to sell, | 6973 |
or possession of a schedule I or II controlled substance, with the | 6974 |
exception of marihuana, and the court imposing sentence upon the | 6975 |
offender finds that the offender is guilty of a specification of | 6976 |
the type described in section 2941.1410 of the Revised Code | 6977 |
charging that the offender is a major drug offender, if the court | 6978 |
imposing sentence upon an offender for a felony finds that the | 6979 |
offender is guilty of corrupt activity with the most serious | 6980 |
offense in the pattern of corrupt activity being a felony of the | 6981 |
first degree, or if the offender is guilty of an attempted | 6982 |
violation of section 2907.02 of the Revised Code and, had the | 6983 |
offender completed the violation of section 2907.02 of the Revised | 6984 |
Code that was attempted, the offender would have been subject to a | 6985 |
sentence of life imprisonment or life imprisonment without parole | 6986 |
for the violation of section 2907.02 of the Revised Code, the | 6987 |
court shall impose upon the offender for the felony violation a | 6988 |
ten-year prison term that, subject to division (K) of section | 6989 |
2967.19 of the Revised Code, cannot be reduced pursuant to section | 6990 |
2929.20, section 2967.19, or any other provision of Chapter 2967. | 6991 |
or 5120. of the Revised Code. | 6992 |
(b) The court imposing a prison term on an offender under | 6993 |
division (D)(3)(a) of this section may impose an additional prison | 6994 |
term of one, two, three, four, five, six, seven, eight, nine, or | 6995 |
ten years, if the court, with respect to the term imposed under | 6996 |
division (D)(3)(a) of this section and, if applicable, divisions | 6997 |
(D)(1) and (2) of this section, makes both of the findings set | 6998 |
forth in divisions (D)(2)(a)(iv) and (v) of this section. | 6999 |
(4) If the offender is being sentenced for a third or fourth | 7000 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 7001 |
of the Revised Code, the sentencing court shall impose upon the | 7002 |
offender a mandatory prison term in accordance with that division. | 7003 |
In addition to the mandatory prison term, if the offender is being | 7004 |
sentenced for a fourth degree felony OVI offense, the court, | 7005 |
notwithstanding division (A)(4) of this section, may sentence the | 7006 |
offender to a definite prison term of not less than six months and | 7007 |
not more than thirty months, and if the offender is being | 7008 |
sentenced for a third degree felony OVI offense, the sentencing | 7009 |
court may sentence the offender to an additional prison term of | 7010 |
any duration specified in division (A)(3) of this section. In | 7011 |
either case, the additional prison term imposed shall be reduced | 7012 |
by the sixty or one hundred twenty days imposed upon the offender | 7013 |
as the mandatory prison term. The total of the additional prison | 7014 |
term imposed under division (D)(4) of this section plus the sixty | 7015 |
or one hundred twenty days imposed as the mandatory prison term | 7016 |
shall equal a definite term in the range of six months to thirty | 7017 |
months for a fourth degree felony OVI offense and shall equal one | 7018 |
of the authorized prison terms specified in division (A)(3) of | 7019 |
this section for a third degree felony OVI offense. If the court | 7020 |
imposes an additional prison term under division (D)(4) of this | 7021 |
section, the offender shall serve the additional prison term after | 7022 |
the offender has served the mandatory prison term required for the | 7023 |
offense. In addition to the mandatory prison term or mandatory and | 7024 |
additional prison term imposed as described in division (D)(4) of | 7025 |
this section, the court also may sentence the offender to a | 7026 |
community control sanction under section 2929.16 or 2929.17 of the | 7027 |
Revised Code, but the offender shall serve all of the prison terms | 7028 |
so imposed prior to serving the community control sanction. | 7029 |
If the offender is being sentenced for a fourth degree felony | 7030 |
OVI offense under division (G)(1) of section 2929.13 of the | 7031 |
Revised Code and the court imposes a mandatory term of local | 7032 |
incarceration, the court may impose a prison term as described in | 7033 |
division (A)(1) of that section. | 7034 |
(5) If an offender is convicted of or pleads guilty to a | 7035 |
violation of division (A)(1) or (2) of section 2903.06 of the | 7036 |
Revised Code and also is convicted of or pleads guilty to a | 7037 |
specification of the type described in section 2941.1414 of the | 7038 |
Revised Code that charges that the victim of the offense is a | 7039 |
peace officer, as defined in section 2935.01 of the Revised Code, | 7040 |
or an investigator of the bureau of criminal identification and | 7041 |
investigation, as defined in section 2903.11 of the Revised Code, | 7042 |
the court shall impose on the offender a prison term of five | 7043 |
years. If a court imposes a prison term on an offender under | 7044 |
division (D)(5) of this section, the prison term, subject to | 7045 |
division (K) of section 2967.19 of the Revised Code, shall not be | 7046 |
reduced pursuant to section 2929.20, section 2967.19, section | 7047 |
2967.193, or any other provision of Chapter 2967. or Chapter | 7048 |
5120. of the Revised Code. A court shall not impose more than one | 7049 |
prison term on an offender under division (D)(5) of this section | 7050 |
for felonies committed as part of the same act. | 7051 |
(6) If an offender is convicted of or pleads guilty to a | 7052 |
violation of division (A)(1) or (2) of section 2903.06 of the | 7053 |
Revised Code and also is convicted of or pleads guilty to a | 7054 |
specification of the type described in section 2941.1415 of the | 7055 |
Revised Code that charges that the offender previously has been | 7056 |
convicted of or pleaded guilty to three or more violations of | 7057 |
division (A) or (B) of section 4511.19 of the Revised Code or an | 7058 |
equivalent offense, as defined in section 2941.1415 of the Revised | 7059 |
Code, or three or more violations of any combination of those | 7060 |
divisions and offenses, the court shall impose on the offender a | 7061 |
prison term of three years. If a court imposes a prison term on an | 7062 |
offender under division (D)(6) of this section, the prison term, | 7063 |
subject to division (K) of section 2967.19 of the Revised Code, | 7064 |
shall not be reduced pursuant to section 2929.20, section 2967.19, | 7065 |
section 2967.193, or any other provision of Chapter 2967. or | 7066 |
Chapter 5120. of the Revised Code. A court shall not impose more | 7067 |
than one prison term on an offender under division (D)(6) of | 7068 |
this section for felonies committed as part of the same act. | 7069 |
(7)(a) If an offender is convicted of or pleads guilty to a | 7070 |
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, | 7071 |
or 2923.32, division (A)(1) or (2) of section 2907.323, or | 7072 |
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the | 7073 |
Revised Code and also is convicted of or pleads guilty to a | 7074 |
specification of the type described in section 2941.1422 of the | 7075 |
Revised Code that charges that the offender knowingly committed | 7076 |
the offense in furtherance of human trafficking, the court shall | 7077 |
impose on the offender a mandatory prison term that is one of | 7078 |
the following: | 7079 |
(i) If the offense is a felony of the first degree, a | 7080 |
definite prison term of not less than five years and not greater | 7081 |
than ten years; | 7082 |
(ii) If the offense is a felony of the second or third | 7083 |
degree, a definite prison term of not less than three years and | 7084 |
not greater than the maximum prison term allowed for the offense | 7085 |
by division (A) of section 2929.14 of the Revised Code; | 7086 |
(iii) If the offense is a felony of the fourth or fifth | 7087 |
degree, a definite prison term that is the maximum prison term | 7088 |
allowed for the offense by division (A) of section 2929.14 of the | 7089 |
Revised Code. | 7090 |
(b) | 7091 |
Revised Code, the prison term imposed under division (D)(7)(a) of | 7092 |
this section shall not be reduced pursuant to section 2929.20, | 7093 |
section 2967.19, section 2967.193, or any other provision of | 7094 |
Chapter 2967. of the Revised Code. A court shall not impose | 7095 |
more than one prison term on an offender under division | 7096 |
(D)(7)(a) of this section for felonies committed as part of the | 7097 |
same act, scheme, or plan. | 7098 |
(8) If an offender is convicted of or pleads guilty to a | 7099 |
felony violation of section 2903.11, 2903.12, or 2903.13 of the | 7100 |
Revised Code and also is convicted of or pleads guilty to a | 7101 |
specification of the type described in section 2941.1423 of the | 7102 |
Revised Code that charges that the victim of the violation was a | 7103 |
woman whom the offender knew was pregnant at the time of the | 7104 |
violation, notwithstanding the range of prison terms prescribed in | 7105 |
division (A) of this section for felonies of the same degree as | 7106 |
the violation, the court shall impose on the offender a mandatory | 7107 |
prison term that is either a definite prison term of six months | 7108 |
or one of the prison terms prescribed in section 2929.14 of the | 7109 |
Revised Code for felonies of the same degree as the violation. | 7110 |
(E)(1)(a) Subject to division (E)(1)(b) of this section, if a | 7111 |
mandatory prison term is imposed upon an offender pursuant to | 7112 |
division (D)(1)(a) of this section for having a firearm on or | 7113 |
about the offender's person or under the offender's control while | 7114 |
committing a felony, if a mandatory prison term is imposed upon an | 7115 |
offender pursuant to division (D)(1)(c) of this section for | 7116 |
committing a felony specified in that division by discharging a | 7117 |
firearm from a motor vehicle, or if both types of mandatory prison | 7118 |
terms are imposed, the offender shall serve any mandatory prison | 7119 |
term imposed under either division consecutively to any other | 7120 |
mandatory prison term imposed under either division or under | 7121 |
division (D)(1)(d) of this section, consecutively to and prior to | 7122 |
any prison term imposed for the underlying felony pursuant to | 7123 |
division (A), (D)(2), or (D)(3) of this section or any other | 7124 |
section of the Revised Code, and consecutively to any other prison | 7125 |
term or mandatory prison term previously or subsequently imposed | 7126 |
upon the offender. | 7127 |
(b) If a mandatory prison term is imposed upon an offender | 7128 |
pursuant to division (D)(1)(d) of this section for wearing or | 7129 |
carrying body armor while committing an offense of violence that | 7130 |
is a felony, the offender shall serve the mandatory term so | 7131 |
imposed consecutively to any other mandatory prison term imposed | 7132 |
under that division or under division (D)(1)(a) or (c) of this | 7133 |
section, consecutively to and prior to any prison term imposed for | 7134 |
the underlying felony under division (A), (D)(2), or (D)(3) of | 7135 |
this section or any other section of the Revised Code, and | 7136 |
consecutively to any other prison term or mandatory prison term | 7137 |
previously or subsequently imposed upon the offender. | 7138 |
(c) If a mandatory prison term is imposed upon an offender | 7139 |
pursuant to division (D)(1)(f) of this section, the offender shall | 7140 |
serve the mandatory prison term so imposed consecutively to and | 7141 |
prior to any prison term imposed for the underlying felony under | 7142 |
division (A), (D)(2), or (D)(3) of this section or any other | 7143 |
section of the Revised Code, and consecutively to any other prison | 7144 |
term or mandatory prison term previously or subsequently imposed | 7145 |
upon the offender. | 7146 |
(d) If a mandatory prison term is imposed upon an offender | 7147 |
pursuant to division (D)(7) or (8) of this section, the offender | 7148 |
shall serve the mandatory prison term so imposed consecutively to | 7149 |
any other mandatory prison term imposed under that division or | 7150 |
under any other provision of law and consecutively to any other | 7151 |
prison term or mandatory prison term previously or subsequently | 7152 |
imposed upon the offender. | 7153 |
(2) If an offender who is an inmate in a jail, prison, or | 7154 |
other residential detention facility violates section 2917.02, | 7155 |
2917.03, | 7156 |
(A)(1) or (2) of section 2921.34 of the Revised Code, if an | 7157 |
offender who is under detention at a detention facility commits a | 7158 |
felony violation of section 2923.131 of the Revised Code, or if an | 7159 |
offender who is an inmate in a jail, prison, or other residential | 7160 |
detention facility or is under detention at a detention facility | 7161 |
commits another felony while the offender is an escapee in | 7162 |
violation of division (A)(1) or (2) of section 2921.34 of the | 7163 |
Revised Code, any prison term imposed upon the offender for one of | 7164 |
those violations shall be served by the offender consecutively to | 7165 |
the prison term or term of imprisonment the offender was serving | 7166 |
when the offender committed that offense and to any other prison | 7167 |
term previously or subsequently imposed upon the offender. | 7168 |
(3) If a prison term is imposed for a violation of division | 7169 |
(B) of section 2911.01 of the Revised Code, a violation of | 7170 |
division (A) of section 2913.02 of the Revised Code in which the | 7171 |
stolen property is a firearm or dangerous ordnance, or a felony | 7172 |
violation of division (B) of section 2921.331 of the Revised Code, | 7173 |
the offender shall serve that prison term consecutively to any | 7174 |
other prison term or mandatory prison term previously or | 7175 |
subsequently imposed upon the offender. | 7176 |
(4) If multiple prison terms are imposed on an offender for | 7177 |
convictions of multiple offenses, the court may require the | 7178 |
offender to serve the prison terms consecutively if the court | 7179 |
finds that the consecutive service is necessary to protect the | 7180 |
public from future crime or to punish the offender and that | 7181 |
consecutive sentences are not disproportionate to the seriousness | 7182 |
of the offender's conduct and to the danger the offender poses to | 7183 |
the public, and if the court also finds any of the following: | 7184 |
(a) The offender committed one or more of the multiple | 7185 |
offenses while the offender was awaiting trial or sentencing, was | 7186 |
under a sanction imposed pursuant to section 2929.16, 2929.17, or | 7187 |
2929.18 of the Revised Code, or was under post-release control for | 7188 |
a prior offense. | 7189 |
(b) At least two of the multiple offenses were committed as | 7190 |
part of one or more courses of conduct, and the harm caused by two | 7191 |
or more of the multiple offenses so committed was so great or | 7192 |
unusual that no single prison term for any of the offenses | 7193 |
committed as part of any of the courses of conduct adequately | 7194 |
reflects the seriousness of the offender's conduct. | 7195 |
(c) The offender's history of criminal conduct demonstrates | 7196 |
that consecutive sentences are necessary to protect the public | 7197 |
from future crime by the offender. | 7198 |
(5) If a mandatory prison term is imposed upon an offender | 7199 |
pursuant to division (D)(5) or (6) of this section, the offender | 7200 |
shall serve the mandatory prison term consecutively to and prior | 7201 |
to any prison term imposed for the underlying violation of | 7202 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 7203 |
pursuant to division (A) of this section or section 2929.142 of | 7204 |
the Revised Code. If a mandatory prison term is imposed upon an | 7205 |
offender pursuant to division (D)(5) of this section, and if a | 7206 |
mandatory prison term also is imposed upon the offender pursuant | 7207 |
to division (D)(6) of this section in relation to the same | 7208 |
violation, the offender shall serve the mandatory prison term | 7209 |
imposed pursuant to division (D)(5) of this section consecutively | 7210 |
to and prior to the mandatory prison term imposed pursuant to | 7211 |
division (D)(6) of this section and consecutively to and prior to | 7212 |
any prison term imposed for the underlying violation of division | 7213 |
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to | 7214 |
division (A) of this section or section 2929.142 of the Revised | 7215 |
Code. | 7216 |
(6) When consecutive prison terms are imposed pursuant to | 7217 |
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2) | 7218 |
of this section, the term to be served is the aggregate of all of | 7219 |
the terms so imposed. | 7220 |
(F)(1) If a court imposes a prison term for a felony of the | 7221 |
first degree, for a felony of the second degree, for a felony sex | 7222 |
offense, or for a felony of the third degree that is not a felony | 7223 |
sex offense and in the commission of which the offender caused or | 7224 |
threatened to cause physical harm to a person, it shall include in | 7225 |
the sentence a requirement that the offender be subject to a | 7226 |
period of post-release control after the offender's release from | 7227 |
imprisonment, in accordance with that division. If a court imposes | 7228 |
a sentence including a prison term of a type described in this | 7229 |
division on or after July 11, 2006, the failure of a court to | 7230 |
include a post-release control requirement in the sentence | 7231 |
pursuant to this division does not negate, limit, or otherwise | 7232 |
affect the mandatory period of post-release control that is | 7233 |
required for the offender under division (B) of section 2967.28 of | 7234 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 7235 |
prior to July 11, 2006, a court imposed a sentence including a | 7236 |
prison term of a type described in this division and failed to | 7237 |
include in the sentence pursuant to this division a statement | 7238 |
regarding post-release control. | 7239 |
(2) If a court imposes a prison term for a felony of the | 7240 |
third, fourth, or fifth degree that is not subject to division | 7241 |
(F)(1) of this section, it shall include in the sentence a | 7242 |
requirement that the offender be subject to a period of | 7243 |
post-release control after the offender's release from | 7244 |
imprisonment, in accordance with that division, if the parole | 7245 |
board determines that a period of post-release control is | 7246 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 7247 |
to July 11, 2006, a court imposed a sentence including a prison | 7248 |
term of a type described in this division and failed to include in | 7249 |
the sentence pursuant to this division a statement regarding | 7250 |
post-release control. | 7251 |
(G) The court shall impose sentence upon the offender in | 7252 |
accordance with section 2971.03 of the Revised Code, and Chapter | 7253 |
2971. of the Revised Code applies regarding the prison term or | 7254 |
term of life imprisonment without parole imposed upon the offender | 7255 |
and the service of that term of imprisonment if any of the | 7256 |
following apply: | 7257 |
(1) A person is convicted of or pleads guilty to a violent | 7258 |
sex offense or a designated homicide, assault, or kidnapping | 7259 |
offense, and, in relation to that offense, the offender is | 7260 |
adjudicated a sexually violent predator. | 7261 |
(2) A person is convicted of or pleads guilty to a violation | 7262 |
of division (A)(1)(b) of section 2907.02 of the Revised Code | 7263 |
committed on or after January 2, 2007, and either the court does | 7264 |
not impose a sentence of life without parole when authorized | 7265 |
pursuant to division (B) of section 2907.02 of the Revised Code, | 7266 |
or division (B) of section 2907.02 of the Revised Code provides | 7267 |
that the court shall not sentence the offender pursuant to | 7268 |
section 2971.03 of the Revised Code. | 7269 |
(3) A person is convicted of or pleads guilty to attempted | 7270 |
rape committed on or after January 2, 2007, and a specification | 7271 |
of the type described in section 2941.1418, 2941.1419, or | 7272 |
2941.1420 of the Revised Code. | 7273 |
(4) A person is convicted of or pleads guilty to a violation | 7274 |
of section 2905.01 of the Revised Code committed on or after | 7275 |
January 1, 2008, and that section requires the court to sentence | 7276 |
the offender pursuant to section 2971.03 of the Revised Code. | 7277 |
(5) A person is convicted of or pleads guilty to aggravated | 7278 |
murder committed on or after January 1, 2008, and division | 7279 |
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), | 7280 |
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or | 7281 |
(E)(1)(d) of section 2929.03, or division (A) or (B) of section | 7282 |
2929.06 of the Revised Code requires the court to sentence the | 7283 |
offender pursuant to division (B)(3) of section 2971.03 of the | 7284 |
Revised Code. | 7285 |
(6) A person is convicted of or pleads guilty to murder | 7286 |
committed on or after January 1, 2008, and division (B)(2) of | 7287 |
section 2929.02 of the Revised Code requires the court to | 7288 |
sentence the offender pursuant to section 2971.03 of the Revised | 7289 |
Code. | 7290 |
(H) If a person who has been convicted of or pleaded guilty | 7291 |
to a felony is sentenced to a prison term or term of imprisonment | 7292 |
under this section, sections 2929.02 to 2929.06 of the Revised | 7293 |
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 7294 |
Revised Code, or any other provision of law, section 5120.163 of | 7295 |
the Revised Code applies regarding the person while the person is | 7296 |
confined in a state correctional institution. | 7297 |
(I) If an offender who is convicted of or pleads guilty to a | 7298 |
felony that is an offense of violence also is convicted of or | 7299 |
pleads guilty to a specification of the type described in section | 7300 |
2941.142 of the Revised Code that charges the offender with having | 7301 |
committed the felony while participating in a criminal gang, the | 7302 |
court shall impose upon the offender an additional prison term of | 7303 |
one, two, or three years. | 7304 |
(J)(1) If an offender who is convicted of or pleads guilty to | 7305 |
aggravated murder, murder, or a felony of the first, second, or | 7306 |
third degree that is an offense of violence also is convicted of | 7307 |
or pleads guilty to a specification of the type described in | 7308 |
section 2941.143 of the Revised Code that charges the offender | 7309 |
with having committed the offense in a school safety zone or | 7310 |
towards a person in a school safety zone, the court shall impose | 7311 |
upon the offender an additional prison term of two years. The | 7312 |
offender shall serve the additional two years consecutively to and | 7313 |
prior to the prison term imposed for the underlying offense. | 7314 |
(2)(a) If an offender is convicted of or pleads guilty to a | 7315 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 7316 |
of the Revised Code and to a specification of the type described | 7317 |
in section 2941.1421 of the Revised Code and if the court imposes | 7318 |
a prison term on the offender for the felony violation, the court | 7319 |
may impose upon the offender an additional prison term as follows: | 7320 |
(i) Subject to division (J)(2)(a)(ii) of this section, an | 7321 |
additional prison term of one, two, three, four, five, or six | 7322 |
months; | 7323 |
(ii) If the offender previously has been convicted of or | 7324 |
pleaded guilty to one or more felony or misdemeanor violations of | 7325 |
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 7326 |
Revised Code and also was convicted of or pleaded guilty to a | 7327 |
specification of the type described in section 2941.1421 of the | 7328 |
Revised Code regarding one or more of those violations, an | 7329 |
additional prison term of one, two, three, four, five, six, seven, | 7330 |
eight, nine, ten, eleven, or twelve months. | 7331 |
(b) In lieu of imposing an additional prison term under | 7332 |
division (J)(2)(a) of this section, the court may directly impose | 7333 |
on the offender a sanction that requires the offender to wear a | 7334 |
real-time processing, continual tracking electronic monitoring | 7335 |
device during the period of time specified by the court. The | 7336 |
period of time specified by the court shall equal the duration of | 7337 |
an additional prison term that the court could have imposed upon | 7338 |
the offender under division (J)(2)(a) of this section. A sanction | 7339 |
imposed under this division shall commence on the date specified | 7340 |
by the court, provided that the sanction shall not commence until | 7341 |
after the offender has served the prison term imposed for the | 7342 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 7343 |
of the Revised Code and any residential sanction imposed for the | 7344 |
violation under section 2929.16 of the Revised Code. A sanction | 7345 |
imposed under this division shall be considered to be a community | 7346 |
control sanction for purposes of section 2929.15 of the Revised | 7347 |
Code, and all provisions of the Revised Code that pertain to | 7348 |
community control sanctions shall apply to a sanction imposed | 7349 |
under this division, except to the extent that they would by their | 7350 |
nature be clearly inapplicable. The offender shall pay all costs | 7351 |
associated with a sanction imposed under this division, including | 7352 |
the cost of the use of the monitoring device. | 7353 |
(K) At the time of sentencing, the court may recommend the | 7354 |
offender for placement in a program of shock incarceration under | 7355 |
section 5120.031 of the Revised Code or for placement in an | 7356 |
intensive program prison under section 5120.032 of the Revised | 7357 |
Code, disapprove placement of the offender in a program of shock | 7358 |
incarceration or an intensive program prison of that nature, or | 7359 |
make no recommendation on placement of the offender. In no case | 7360 |
shall the department of rehabilitation and correction place the | 7361 |
offender in a program or prison of that nature unless the | 7362 |
department determines as specified in section 5120.031 or 5120.032 | 7363 |
of the Revised Code, whichever is applicable, that the offender is | 7364 |
eligible for the placement. | 7365 |
If the court disapproves placement of the offender in a | 7366 |
program or prison of that nature, the department of rehabilitation | 7367 |
and correction shall not place the offender in any program of | 7368 |
shock incarceration or intensive program prison. | 7369 |
If the court recommends placement of the offender in a | 7370 |
program of shock incarceration or in an intensive program prison, | 7371 |
and if the offender is subsequently placed in the recommended | 7372 |
program or prison, the department shall notify the court of the | 7373 |
placement and shall include with the notice a brief description of | 7374 |
the placement. | 7375 |
If the court recommends placement of the offender in a | 7376 |
program of shock incarceration or in an intensive program prison | 7377 |
and the department does not subsequently place the offender in the | 7378 |
recommended program or prison, the department shall send a notice | 7379 |
to the court indicating why the offender was not placed in the | 7380 |
recommended program or prison. | 7381 |
If the court does not make a recommendation under this | 7382 |
division with respect to an offender and if the department | 7383 |
determines as specified in section 5120.031 or 5120.032 of the | 7384 |
Revised Code, whichever is applicable, that the offender is | 7385 |
eligible for placement in a program or prison of that nature, the | 7386 |
department shall screen the offender and determine if there is an | 7387 |
available program of shock incarceration or an intensive program | 7388 |
prison for which the offender is suited. If there is an available | 7389 |
program of shock incarceration or an intensive program prison for | 7390 |
which the offender is suited, the department shall notify the | 7391 |
court of the proposed placement of the offender as specified in | 7392 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 7393 |
with the notice a brief description of the placement. The court | 7394 |
shall have ten days from receipt of the notice to disapprove the | 7395 |
placement. | 7396 |
(L) If a person is convicted of or pleads guilty to | 7397 |
aggravated vehicular homicide in violation of division (A)(1) of | 7398 |
section 2903.06 of the Revised Code and division (B)(2)(c) of that | 7399 |
section applies, the person shall be sentenced pursuant to section | 7400 |
2929.142 of the Revised Code. | 7401 |
Sec. 2929.20. (A) As used in this section: | 7402 |
(1)(a) Except as provided in division (A)(1)(b) of this | 7403 |
section, "eligible offender" means any person who, on or after | 7404 |
April 7, 2009, is serving a stated
prison term | 7405 |
one or more nonmandatory prison terms that in the aggregate are | 7406 |
ten
years or less | 7407 |
| 7408 |
7409 |
| 7410 |
7411 |
(b) "Eligible offender" does not include any person who, on | 7412 |
or after April 7, 2009, is serving a stated prison term for any | 7413 |
of the following criminal offenses that was a felony and was | 7414 |
committed while the person held a public office in this state: | 7415 |
(i) A violation of section 2921.02, 2921.03, 2921.05, | 7416 |
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised | 7417 |
Code; | 7418 |
(ii) A violation of section 2913.42, 2921.04, 2921.11, or | 7419 |
2921.12 of the Revised Code, when the conduct constituting the | 7420 |
violation was related to the duties of the offender's public | 7421 |
office or to the offender's actions as a public official holding | 7422 |
that public office; | 7423 |
(iii) A violation of an existing or former municipal | 7424 |
ordinance or law of this or any other state or the United States | 7425 |
that is substantially equivalent to any violation listed in | 7426 |
division (A)(1)(b)(i) of this section; | 7427 |
(iv) A violation of an existing or former municipal ordinance | 7428 |
or law of this or any other state or the United States that is | 7429 |
substantially equivalent to any violation listed in division | 7430 |
(A)(1)(b)(ii) of this section, when the conduct constituting the | 7431 |
violation was related to the duties of the offender's public | 7432 |
office or to the offender's actions as a public official holding | 7433 |
that public office; | 7434 |
(v) A conspiracy to commit, attempt to commit, or complicity | 7435 |
in committing any offense listed in division (A)(1)(b)(i) or | 7436 |
described in division (A)(1)(b)(iii) of this section; | 7437 |
(vi) A conspiracy to commit, attempt to commit, or complicity | 7438 |
in committing any offense listed in division (A)(1)(b)(ii) or | 7439 |
described in division (A)(1)(b)(iv) of this section, if the | 7440 |
conduct constituting the offense that was the subject of the | 7441 |
conspiracy, that would have constituted the offense attempted, or | 7442 |
constituting the offense in which the offender was complicit was | 7443 |
or would have been related to the duties of the offender's public | 7444 |
office or to the offender's actions as a public official holding | 7445 |
that public office. | 7446 |
(2) "Nonmandatory prison term" means a prison term that is | 7447 |
not a mandatory prison term. | 7448 |
(3) "Public office" means any elected federal, state, or | 7449 |
local government office in this state. | 7450 |
(B) On the motion of an eligible offender or upon its own | 7451 |
motion, the sentencing court may reduce the eligible offender's | 7452 |
7453 | |
or less through a judicial release under this section. | 7454 |
(C) An eligible offender may file a motion for judicial | 7455 |
release with the sentencing court within the following applicable | 7456 |
periods: | 7457 |
(1) If the | 7458 |
terms is less than two years, the eligible offender may file the | 7459 |
motion | 7460 |
7461 | |
7462 | |
has served thirty days | 7463 |
7464 |
(2) If the | 7465 |
terms is at least two years but less than five years, the | 7466 |
eligible
offender may
file the motion | 7467 |
7468 | |
7469 | |
7470 | |
hundred eighty days | 7471 |
7472 |
(3) If the aggregated nonmandatory prison term or terms is | 7473 |
five years, the eligible offender may file the motion after the | 7474 |
eligible offender has served four years of the aggregated | 7475 |
nonmandatory prison term or terms. | 7476 |
(4) If the | 7477 |
terms is more than five years | 7478 |
years, the eligible offender may file the
motion | 7479 |
7480 | |
7481 | |
7482 | |
years | 7483 |
aggregated nonmandatory prison term or terms. | 7484 |
(D) Upon receipt of a timely motion for judicial release | 7485 |
filed by an eligible offender under division (C) of this section | 7486 |
or upon the sentencing court's own motion made within the | 7487 |
appropriate time specified in that division, the court may deny | 7488 |
the motion without a hearing or schedule a hearing on the motion. | 7489 |
The court shall not grant the motion without a hearing. If a court | 7490 |
denies a motion without a hearing, the court later may consider | 7491 |
judicial release for that eligible offender on a subsequent motion | 7492 |
filed by that eligible offender unless the court denies the motion | 7493 |
with prejudice. If a court denies a motion with prejudice, the | 7494 |
court may later consider judicial release on its own motion. If a | 7495 |
court denies a motion after a hearing, the court shall not | 7496 |
consider a subsequent motion for that eligible offender. The court | 7497 |
shall hold only one hearing for any eligible offender. | 7498 |
A hearing under this section shall be conducted in open court | 7499 |
within sixty days after the motion is filed, provided that the | 7500 |
court may delay the hearing for one hundred eighty additional | 7501 |
days. If the court holds a hearing, the court shall enter a ruling | 7502 |
on the motion within ten days after the hearing. If the court | 7503 |
denies the motion without a hearing, the court shall enter its | 7504 |
ruling on the motion within sixty days after the motion is filed. | 7505 |
(E) If a court schedules a hearing under division (D) of this | 7506 |
section, the court shall notify the eligible offender and the head | 7507 |
of the state correctional institution in which the eligible | 7508 |
offender is confined prior to the hearing. The head of the state | 7509 |
correctional institution immediately shall notify the appropriate | 7510 |
person at the department of rehabilitation and correction of the | 7511 |
hearing, and the department within twenty-four hours after | 7512 |
receipt of the notice, shall post on the database it maintains | 7513 |
pursuant to section 5120.66 of the Revised Code the offender's | 7514 |
name and all of the information specified in division | 7515 |
(A)(1)(c)(i) of that section. If the court schedules a hearing | 7516 |
for judicial release, the court promptly shall give notice of the | 7517 |
hearing to the prosecuting attorney of the county in which the | 7518 |
eligible offender was indicted. Upon receipt of the notice from | 7519 |
the court, the prosecuting attorney shall notify the victim of the | 7520 |
offense or the victim's representative pursuant to section 2930.16 | 7521 |
of the Revised Code. | 7522 |
(F) Upon an offender's successful completion of | 7523 |
rehabilitative activities, the head of the state correctional | 7524 |
institution may notify the sentencing court of the successful | 7525 |
completion of the activities. | 7526 |
(G) Prior to the date of the hearing on a motion for judicial | 7527 |
release under this section, the head of the state correctional | 7528 |
institution in which the eligible offender is confined shall send | 7529 |
to the court a report on the eligible offender's conduct in the | 7530 |
institution and in any institution from which the eligible | 7531 |
offender may have been transferred. The report shall cover the | 7532 |
eligible offender's participation in school, vocational training, | 7533 |
work, treatment, and other rehabilitative activities and any | 7534 |
disciplinary action taken against the eligible offender. The | 7535 |
report shall be made part of the record of the hearing. | 7536 |
(H) If the court grants a hearing on a motion for judicial | 7537 |
release under this section, the eligible offender shall attend the | 7538 |
hearing if ordered to do so by the court. Upon receipt of a copy | 7539 |
of the journal entry containing the order, the head of the state | 7540 |
correctional institution in which the eligible offender is | 7541 |
incarcerated shall deliver the eligible offender to the sheriff of | 7542 |
the county in which the hearing is to be held. The sheriff shall | 7543 |
convey the eligible offender to and from the hearing. | 7544 |
(I) At the hearing on a motion for judicial release under | 7545 |
this section, the court shall afford the eligible offender and the | 7546 |
eligible offender's attorney an opportunity to present written | 7547 |
and, if present, oral information relevant to the motion. The | 7548 |
court shall afford a similar opportunity to the prosecuting | 7549 |
attorney, the victim or the victim's representative, as defined in | 7550 |
section 2930.01 of the Revised Code, and any other person the | 7551 |
court determines is likely to present additional relevant | 7552 |
information. The court shall consider any statement of a victim | 7553 |
made pursuant to section 2930.14 or 2930.17 of the Revised Code, | 7554 |
any victim impact statement prepared pursuant to section 2947.051 | 7555 |
of the Revised Code, and any report made under division (G) of | 7556 |
this section. The court may consider any written statement of any | 7557 |
person submitted to the court pursuant to division (L) of this | 7558 |
section. After ruling on the motion, the court shall notify the | 7559 |
victim of the ruling in accordance with sections 2930.03 and | 7560 |
2930.16 of the Revised Code. | 7561 |
(J)(1) A court shall not grant a judicial release under this | 7562 |
section to an eligible offender who is imprisoned for a felony of | 7563 |
the first or second degree, or to an eligible offender who | 7564 |
committed an offense under Chapter 2925. or 3719. of the Revised | 7565 |
Code and for whom there was a presumption under section 2929.13 of | 7566 |
the Revised Code in favor of a prison term, unless the court, with | 7567 |
reference to factors under section 2929.12 of the Revised Code, | 7568 |
finds both of the following: | 7569 |
(a) That a sanction other than a prison term would adequately | 7570 |
punish the offender and protect the public from future criminal | 7571 |
violations by the eligible offender because the applicable factors | 7572 |
indicating a lesser likelihood of recidivism outweigh the | 7573 |
applicable factors indicating a greater likelihood of recidivism; | 7574 |
(b) That a sanction other than a prison term would not demean | 7575 |
the seriousness of the offense because factors indicating that the | 7576 |
eligible offender's conduct in committing the offense was less | 7577 |
serious than conduct normally constituting the offense outweigh | 7578 |
factors indicating that the eligible offender's conduct was more | 7579 |
serious than conduct normally constituting the offense. | 7580 |
(2) A court that grants a judicial release to an eligible | 7581 |
offender under division (J)(1) of this section shall specify on | 7582 |
the record both findings required in that division and also shall | 7583 |
list all the factors described in that division that were | 7584 |
presented at the hearing. | 7585 |
(K) If the court grants a motion for judicial release under | 7586 |
this section, the court shall order the release of the eligible | 7587 |
offender, shall place the eligible offender under an appropriate | 7588 |
community control sanction, under appropriate conditions, and | 7589 |
under the supervision of the department of probation serving the | 7590 |
court and shall reserve the right to reimpose the sentence that it | 7591 |
reduced if the offender violates the sanction. If the court | 7592 |
reimposes the reduced sentence, it may do so either concurrently | 7593 |
with, or consecutive to, any new sentence imposed upon the | 7594 |
eligible offender as a result of the violation that is a new | 7595 |
offense. The period of community control shall be no longer than | 7596 |
five years. The court, in its discretion, may reduce the period | 7597 |
of community control by the amount of time the eligible offender | 7598 |
spent in jail or prison for the offense and in prison. If the | 7599 |
court made any findings pursuant to division (J)(1) of this | 7600 |
section, the court shall serve a copy of the findings upon counsel | 7601 |
for the parties within fifteen days after the date on which the | 7602 |
court grants the motion for judicial release. | 7603 |
If the court grants a motion for judicial release, the court | 7604 |
shall notify the appropriate person at the department of | 7605 |
rehabilitation and correction, and the department shall post | 7606 |
notice of the release on the database it maintains pursuant to | 7607 |
section 5120.66 of the Revised Code. | 7608 |
(L) In addition to and independent of the right of a victim | 7609 |
to make a statement pursuant to section 2930.14, 2930.17, or | 7610 |
2946.051 of the Revised Code and any right of a person to present | 7611 |
written information or make a statement pursuant to division (I) | 7612 |
of this section, any person may submit to the court, at any time | 7613 |
prior to the hearing on the offender's motion for judicial | 7614 |
release, a written statement concerning the effects of the | 7615 |
offender's crime or crimes, the circumstances surrounding the | 7616 |
crime or crimes, the manner in which the crime or crimes were | 7617 |
perpetrated, and the person's opinion as to whether the offender | 7618 |
should be released. | 7619 |
(M) The changes to this section that are made on the | 7620 |
effective date of this division apply to any judicial release | 7621 |
decision made on or after the effective date of this division for | 7622 |
any eligible offender. | 7623 |
Sec. 2929.26. (A) Except when a mandatory jail term is | 7624 |
required by law, the court imposing a sentence for a misdemeanor, | 7625 |
other than a minor misdemeanor, may impose upon the offender any | 7626 |
community residential sanction or combination of community | 7627 |
residential sanctions under this section. Community residential | 7628 |
sanctions include, but are not limited to, the following: | 7629 |
(1) A term of up to one hundred eighty days in a halfway | 7630 |
house or a term in a halfway house not to exceed the longest jail | 7631 |
term available for the offense, whichever is shorter, if the | 7632 |
political subdivision that would have responsibility for paying | 7633 |
the costs of confining the offender in a jail has entered into a | 7634 |
contract with the halfway house for use of the facility for | 7635 |
misdemeanor offenders; | 7636 |
(2) A term of up to one hundred eighty days in an alternative | 7637 |
residential facility or a term in an alternative residential | 7638 |
facility not to exceed the longest jail term available for the | 7639 |
offense, whichever is shorter. The court may specify the level of | 7640 |
security in the alternative residential facility that is needed | 7641 |
for the offender. | 7642 |
(3) If the offender is an eligible offender, as defined in | 7643 |
section 307.932 of the Revised Code, a term of up to thirty days | 7644 |
in a community alternative sentencing center or district community | 7645 |
alternative sentencing center established and operated in | 7646 |
accordance with that section, in the circumstances specified in | 7647 |
that section, with one of the conditions of the sanction being | 7648 |
that the offender complete in the center the entire term imposed. | 7649 |
(B) | 7650 |
division (A)(3) of this section shall be in accordance with | 7651 |
section 307.932 of the Revised Code. In all other cases, the court | 7652 |
that sentences an offender to a community residential sanction | 7653 |
under this section may do either or both of the following: | 7654 |
(1) Permit the offender to serve the offender's sentence in | 7655 |
intermittent confinement, overnight, on weekends or at any other | 7656 |
time or times that will allow the offender to continue at the | 7657 |
offender's occupation or care for the offender's family; | 7658 |
(2) Authorize the offender to be released so that the | 7659 |
offender may seek or maintain employment, receive education or | 7660 |
training, receive treatment, perform community service, or | 7661 |
otherwise fulfill an obligation imposed by law or by the court. A | 7662 |
release pursuant to this division shall be only for the duration | 7663 |
of time that is needed to fulfill the purpose of the release and | 7664 |
for travel that reasonably is necessary to fulfill the purposes of | 7665 |
the release. | 7666 |
(C) The court may order that a reasonable portion of the | 7667 |
income earned by the offender upon a release pursuant to division | 7668 |
(B) of this section be applied to any financial sanction imposed | 7669 |
under section 2929.28 of the Revised Code. | 7670 |
(D) No court shall sentence any person to a prison term for a | 7671 |
misdemeanor or minor misdemeanor or to a jail term for a minor | 7672 |
misdemeanor. | 7673 |
(E) If a court sentences a person who has been convicted of | 7674 |
or pleaded guilty to a misdemeanor to a community residential | 7675 |
sanction as described in division (A) of this section, at the time | 7676 |
of reception and at other times the person in charge of the | 7677 |
operation of the halfway house, alternative residential facility, | 7678 |
community alternative sentencing center, district community | 7679 |
alternative sentencing center, or other place at which the | 7680 |
offender will serve the residential sanction determines to be | 7681 |
appropriate, the person in charge of the operation of the halfway | 7682 |
house, alternative residential facility, community alternative | 7683 |
sentencing center, district community alternative sentencing | 7684 |
center, or other place may cause the convicted offender to be | 7685 |
examined and tested for tuberculosis, HIV infection, hepatitis, | 7686 |
including, but not limited to, hepatitis A, B, and C, and other | 7687 |
contagious diseases. The person in charge of the operation of the | 7688 |
halfway house, alternative residential facility, community | 7689 |
alternative sentencing center, district community alternative | 7690 |
sentencing center, or other place at which the offender will serve | 7691 |
the residential sanction may cause a convicted offender in the | 7692 |
halfway house, alternative residential facility, community | 7693 |
alternative sentencing center, district community alternative | 7694 |
sentencing center, or other place who refuses to be tested or | 7695 |
treated for tuberculosis, HIV infection, hepatitis, including, but | 7696 |
not limited to, hepatitis A, B, and C, or another contagious | 7697 |
disease to be tested and treated involuntarily. | 7698 |
(F) A political subdivision may enter into a contract with a | 7699 |
halfway house for use of the halfway house to house misdemeanor | 7700 |
offenders under a sanction imposed under division (A)(1) of this | 7701 |
section. | 7702 |
Sec. 2929.34. (A) A person who is convicted of or pleads | 7703 |
guilty to aggravated murder, murder, or an offense punishable by | 7704 |
life imprisonment and who is sentenced to a term of life | 7705 |
imprisonment or a prison term pursuant to that conviction shall | 7706 |
serve that term in an institution under the control of the | 7707 |
department of rehabilitation and correction. | 7708 |
(B)(1) A person who is convicted of or pleads guilty to a | 7709 |
felony other than aggravated murder, murder, or an offense | 7710 |
punishable by life imprisonment and who is sentenced to a term of | 7711 |
imprisonment or a prison term pursuant to that conviction shall | 7712 |
serve that term as follows: | 7713 |
(a) Subject to divisions (B)(1)(b) and (B)(2) of this | 7714 |
section, in an institution under the control of the department of | 7715 |
rehabilitation and correction if the term is a prison term or as | 7716 |
otherwise determined by the sentencing court pursuant to section | 7717 |
2929.16 of the Revised Code if the term is not a prison term; | 7718 |
(b) In a facility of a type described in division (G)(1) of | 7719 |
section 2929.13 of the Revised Code, if the offender is sentenced | 7720 |
pursuant to that division. | 7721 |
(2) If the term is a prison term, the person may be | 7722 |
imprisoned in a jail that is not a minimum security jail pursuant | 7723 |
to agreement under section 5120.161 of the Revised Code between | 7724 |
the department of rehabilitation and correction and the local | 7725 |
authority that operates the jail. | 7726 |
(C) A person who is convicted of or pleads guilty to one or | 7727 |
more misdemeanors and who is sentenced to a jail term or term of | 7728 |
imprisonment pursuant to the conviction or convictions shall serve | 7729 |
that term in a county, multicounty, municipal, municipal-county, | 7730 |
or multicounty-municipal jail or workhouse; in a community | 7731 |
alternative sentencing center or district community alternative | 7732 |
sentencing center when authorized by section 307.932 of the | 7733 |
Revised Code; or, if the misdemeanor or misdemeanors are not | 7734 |
offenses of violence, in a minimum security jail. | 7735 |
(D) Nothing in this section prohibits the commitment, | 7736 |
referral, or sentencing of a person who is convicted of or pleads | 7737 |
guilty to a felony to a community-based correctional facility. | 7738 |
Sec. 2930.16. (A) If a defendant is incarcerated, a victim | 7739 |
in a case who has requested to receive notice under this section | 7740 |
shall be given notice of the incarceration of the defendant. If an | 7741 |
alleged juvenile offender is committed to the temporary custody of | 7742 |
a school, camp, institution, or other facility operated for the | 7743 |
care of delinquent children or to the legal custody of the | 7744 |
department of youth services, a victim in a case who has requested | 7745 |
to receive notice under this section shall be given notice of the | 7746 |
commitment. Promptly after sentence is imposed upon the defendant | 7747 |
or the commitment of the alleged juvenile offender is ordered, the | 7748 |
prosecutor in the case shall notify the victim of the date on | 7749 |
which the defendant will be released from confinement or the | 7750 |
prosecutor's reasonable estimate of that date or the date on which | 7751 |
the alleged juvenile offender will have served the minimum period | 7752 |
of commitment or the prosecutor's reasonable estimate of that | 7753 |
date. The prosecutor also shall notify the victim of the name of | 7754 |
the custodial agency of the defendant or alleged juvenile offender | 7755 |
and tell the victim how to contact that custodial agency. If the | 7756 |
custodial agency is the department of rehabilitation and | 7757 |
correction, the prosecutor shall notify the victim of the services | 7758 |
offered by the office of victims' services pursuant to section | 7759 |
5120.60 of the Revised Code. If the custodial agency is the | 7760 |
department of youth services, the prosecutor shall notify the | 7761 |
victim of the services provided by the office of victims' services | 7762 |
within the release authority of the department pursuant to section | 7763 |
5139.55 of the Revised Code and the victim's right pursuant to | 7764 |
section 5139.56 of the Revised Code to submit a written request to | 7765 |
the release authority to be notified of actions the release | 7766 |
authority takes with respect to the alleged juvenile offender. The | 7767 |
victim shall keep the custodial agency informed of the victim's | 7768 |
current address and telephone number. | 7769 |
(B)(1) Upon the victim's request, the prosecutor promptly | 7770 |
shall notify the victim of any hearing for judicial release of the | 7771 |
defendant pursuant to section 2929.20 of the Revised Code, of any | 7772 |
hearing for release of the defendant pursuant to section 2967.19 | 7773 |
of the Revised Code, or of any hearing for judicial release or | 7774 |
early release of the alleged juvenile offender pursuant to | 7775 |
section 2151.38 of the Revised Code and of the victim's right to | 7776 |
make a statement under those sections. The court shall notify the | 7777 |
victim of its ruling in each of those hearings and on each of | 7778 |
those applications. | 7779 |
(2) If an offender is sentenced to a prison term pursuant to | 7780 |
division (A)(3) or (B) of section 2971.03 of the Revised Code, | 7781 |
upon the request of the victim of the crime, the prosecutor | 7782 |
promptly shall notify the victim of any hearing to be conducted | 7783 |
pursuant to section 2971.05 of the Revised Code to determine | 7784 |
whether to modify the requirement that the offender serve the | 7785 |
entire prison term in a state correctional facility in accordance | 7786 |
with division (C) of that section, whether to continue, revise, | 7787 |
or revoke any existing modification of that requirement, or | 7788 |
whether to terminate the prison term in accordance with division | 7789 |
(D) of that section. The court shall notify the victim of any | 7790 |
order issued at the conclusion of the hearing. | 7791 |
(C) Upon the victim's request made at any time before the | 7792 |
particular notice would be due, the custodial agency of a | 7793 |
defendant or alleged juvenile offender shall give the victim any | 7794 |
of the following notices that is applicable: | 7795 |
(1) At least three weeks before the adult parole authority | 7796 |
recommends a pardon or commutation of sentence for the defendant | 7797 |
or at least three weeks prior to a hearing before the adult parole | 7798 |
authority regarding a grant of parole to the defendant, notice of | 7799 |
the victim's right to submit a statement regarding the impact of | 7800 |
the defendant's release in accordance with section 2967.12 of the | 7801 |
Revised Code and, if applicable, of the victim's right to appear | 7802 |
at a full board hearing of the parole board to give testimony as | 7803 |
authorized by section 5149.101 of the Revised Code; | 7804 |
(2) At least three weeks before the defendant is transferred | 7805 |
to transitional control under section 2967.26 of the Revised Code, | 7806 |
notice of the pendency of the transfer and of the victim's right | 7807 |
under that section to submit a statement regarding the impact of | 7808 |
the transfer; | 7809 |
(3) At least thirty days before the release authority of the | 7810 |
department of youth services holds a release review, release | 7811 |
hearing, or discharge review for the alleged juvenile offender, | 7812 |
notice of the pendency of the review or hearing, of the victim's | 7813 |
right to make an oral or written statement regarding the impact of | 7814 |
the crime upon the victim or regarding the possible release or | 7815 |
discharge, and, if the notice pertains to a hearing, of the | 7816 |
victim's right to attend and make statements or comments at the | 7817 |
hearing as authorized by section 5139.56 of the Revised Code; | 7818 |
(4) Prompt notice of the defendant's or alleged juvenile | 7819 |
offender's escape from a facility of the custodial agency in which | 7820 |
the defendant was incarcerated or in which the alleged juvenile | 7821 |
offender was placed after commitment, of the defendant's or | 7822 |
alleged juvenile offender's absence without leave from a mental | 7823 |
health or mental retardation and developmental disabilities | 7824 |
facility or from other custody, and of the capture of the | 7825 |
defendant or alleged juvenile offender after an escape or absence; | 7826 |
(5) Notice of the defendant's or alleged juvenile offender's | 7827 |
death while in confinement or custody; | 7828 |
(6) Notice of the defendant's or alleged juvenile offender's | 7829 |
release from confinement or custody and the terms and conditions | 7830 |
of the release. | 7831 |
Sec. 2930.17. (A) In determining whether to grant a judicial | 7832 |
release to a defendant from a prison term pursuant to section | 7833 |
2929.20 of the Revised Code at a time before the defendant's | 7834 |
stated prison term expires, in determining whether to grant a | 7835 |
release to an offender from a prison term pursuant to section | 7836 |
2967.19 of the Revised Code at a time before the offender's stated | 7837 |
prison term expires, or in determining whether to grant a judicial | 7838 |
release or early release to an alleged juvenile offender from a | 7839 |
commitment to the department of youth services pursuant to section | 7840 |
2151.38 of the Revised Code, the court shall permit a victim of a | 7841 |
crime or specified delinquent act for which the defendant or | 7842 |
alleged juvenile offender was incarcerated or committed to make a | 7843 |
statement, in addition to any other statement made under this | 7844 |
chapter, concerning the effects of that crime or specified | 7845 |
delinquent act on the victim, the circumstances surrounding the | 7846 |
crime or specified delinquent act, the manner in which the crime | 7847 |
or specified delinquent act was perpetrated, and the victim's | 7848 |
opinion whether the defendant or alleged juvenile offender should | 7849 |
be released. The victim may make the statement in writing or | 7850 |
orally, at the court's discretion. The court shall give the | 7851 |
defendant or alleged juvenile offender and either the adult parole | 7852 |
authority or the department of youth services, whichever is | 7853 |
applicable, a copy of any written impact statement made by the | 7854 |
victim under this division. | 7855 |
(B) In deciding whether to grant a judicial release or early | 7856 |
release to the defendant or alleged juvenile offender, the court | 7857 |
shall consider a statement made by the victim under division (A) | 7858 |
of this section or section 2930.14 or 2947.051 of the Revised | 7859 |
Code. | 7860 |
Sec. 2950.99. (A)(1)(a) Except as otherwise provided in | 7861 |
division (A)(1)(b) of this section, whoever violates a prohibition | 7862 |
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised | 7863 |
Code shall be punished as follows: | 7864 |
(i) If the most serious sexually oriented offense that was | 7865 |
the basis of the registration, notice of intent to reside, change | 7866 |
of address notification, or address verification requirement that | 7867 |
was violated under the prohibition is aggravated murder or murder | 7868 |
if committed by an adult or a comparable category of offense | 7869 |
committed in another jurisdiction, the offender is guilty of a | 7870 |
felony of the first degree. | 7871 |
(ii) If the most serious sexually oriented offense or | 7872 |
child-victim oriented offense that was the basis of the | 7873 |
registration, notice of intent to reside, change of address | 7874 |
notification, or address verification requirement that was | 7875 |
violated under the prohibition is a felony of the first, second, | 7876 |
third, or fourth degree if committed by an adult or a comparable | 7877 |
category of offense committed in another jurisdiction, the | 7878 |
offender is guilty of a felony of the same degree as the most | 7879 |
serious sexually oriented offense or child-victim oriented | 7880 |
offense that was the basis of the registration, notice of intent | 7881 |
to reside, change of address, or address verification requirement | 7882 |
that was violated under the prohibition, or, if the most serious | 7883 |
sexually oriented offense or child-victim oriented offense that | 7884 |
was the basis of the registration, notice of intent to reside, | 7885 |
change of address, or address verification requirement that was | 7886 |
violated under the prohibition is a comparable category of | 7887 |
offense committed in another jurisdiction, the offender is guilty | 7888 |
of a felony of the same degree as that offense committed in the | 7889 |
other jurisdiction would constitute if committed in this state. | 7890 |
(iii) If the most serious sexually oriented offense or | 7891 |
child-victim oriented offense that was the basis of the | 7892 |
registration, notice of intent to reside, change of address | 7893 |
notification, or address verification requirement that was | 7894 |
violated under the prohibition is a felony of the fifth degree or | 7895 |
a misdemeanor if committed by an adult or a comparable category | 7896 |
of offense committed in another jurisdiction, the offender is | 7897 |
guilty of a felony of the fourth degree. | 7898 |
(b) If the offender previously has been convicted of or | 7899 |
pleaded guilty to, or previously has been adjudicated a delinquent | 7900 |
child for committing, a violation of a prohibition in section | 7901 |
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, | 7902 |
whoever violates a prohibition in section 2950.04, 2950.041, | 7903 |
2950.05, or 2950.06 of the Revised Code shall be punished as | 7904 |
follows: | 7905 |
(i) If the most serious sexually oriented offense that was | 7906 |
the basis of the registration, notice of intent to reside, change | 7907 |
of address notification, or address verification requirement that | 7908 |
was violated under the prohibition is aggravated murder or murder | 7909 |
if committed by an adult or a comparable category of offense | 7910 |
committed in another jurisdiction, the offender is guilty of a | 7911 |
felony of the first degree. | 7912 |
(ii) If the most serious sexually oriented offense or | 7913 |
child-victim oriented offense that was the basis of the | 7914 |
registration, notice of intent to reside, change of address | 7915 |
notification, or address verification requirement that was | 7916 |
violated under the prohibition is a felony of the first, second, | 7917 |
or third degree if committed by an adult or a comparable category | 7918 |
of offense committed in another jurisdiction, the offender is | 7919 |
guilty of a felony of the same degree as the most serious | 7920 |
sexually oriented offense or child-victim oriented offense that | 7921 |
was the basis of the registration, notice of intent to reside, | 7922 |
change of address, or address verification requirement that was | 7923 |
violated under the prohibition, or, if the most serious sexually | 7924 |
oriented offense or child-victim oriented offense that was the | 7925 |
basis of the registration, notice of intent to reside, change of | 7926 |
address, or address verification requirement that was violated | 7927 |
under the prohibition is a comparable category of offense | 7928 |
committed in another jurisdiction, the offender is guilty of a | 7929 |
felony of the same degree as that offense committed in the other | 7930 |
jurisdiction would constitute if committed in this state. | 7931 |
(iii) If the most serious sexually oriented offense or | 7932 |
child-victim oriented offense that was the basis of the | 7933 |
registration, notice of intent to reside, change of address | 7934 |
notification, or address verification requirement that was | 7935 |
violated under the prohibition is a felony of the fourth or fifth | 7936 |
degree if committed by an adult or a comparable category of | 7937 |
offense committed in another jurisdiction, the offender is guilty | 7938 |
of a felony of the third degree. | 7939 |
(iv) If the most serious sexually oriented offense or | 7940 |
child-victim oriented offense that was the basis of the | 7941 |
registration, notice of intent to reside, change of address | 7942 |
notification, or address verification requirement that was | 7943 |
violated under the prohibition is a misdemeanor if committed by an | 7944 |
adult or a comparable category of offense committed in another | 7945 |
jurisdiction, the offender is guilty of a felony of the fourth | 7946 |
degree. | 7947 |
(2)(a) In addition to any penalty or sanction imposed under | 7948 |
division (A)(1) of this section or any other provision of law for | 7949 |
a violation of a prohibition in section 2950.04, 2950.041, | 7950 |
2950.05, or 2950.06 of the Revised Code, if the offender or | 7951 |
delinquent child is subject to a community control sanction, is on | 7952 |
parole, is subject to one or more post-release control sanctions, | 7953 |
or is subject to any other type of supervised release at the time | 7954 |
of the violation, the violation shall constitute a violation of | 7955 |
the terms and conditions of the community control sanction, | 7956 |
parole, post-release control sanction, or other type of supervised | 7957 |
release. | 7958 |
(b) In addition to any penalty or sanction imposed under | 7959 |
division (A)(1)(b)(i), (ii), or (iii) of this section or any other | 7960 |
provision of law for a violation of a prohibition in section | 7961 |
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the | 7962 |
offender previously has been convicted of or pleaded guilty to, or | 7963 |
previously has been adjudicated a delinquent child for committing, | 7964 |
a violation of a prohibition in section 2950.04, 2950.041, | 7965 |
2950.05, or 2950.06 of the Revised Code when the most serious | 7966 |
sexually oriented offense or child-victim oriented offense that | 7967 |
was the basis of the requirement that was violated under the | 7968 |
prohibition is a felony if committed by an adult or a comparable | 7969 |
category of offense committed in another jurisdiction, the court | 7970 |
imposing a sentence upon the offender shall impose a definite | 7971 |
prison term of no less than three years. The definite prison term | 7972 |
imposed under this section is not restricted by division (B) of | 7973 |
section 2929.14 of the Revised Code and, subject to division (K) | 7974 |
of section 2967.19 of the Revised Code, shall not be reduced to | 7975 |
less than three years pursuant to any provision of Chapter 2967. | 7976 |
or any other provision of the Revised Code. | 7977 |
(3) As used in division (A)(1) of this section, "comparable | 7978 |
category of offense committed in another jurisdiction" means a | 7979 |
sexually oriented offense or child-victim oriented offense that | 7980 |
was the basis of the registration, notice of intent to reside, | 7981 |
change of address notification, or address verification | 7982 |
requirement that was violated, that is a violation of an existing | 7983 |
or former law of another state or the United States, an existing | 7984 |
or former law applicable in a military court or in an Indian | 7985 |
tribal court, or an existing or former law of any nation other | 7986 |
than the United States, and that, if it had been committed in this | 7987 |
state, would constitute or would have constituted aggravated | 7988 |
murder or murder for purposes of division (A)(1)(a)(i) of this | 7989 |
section, a felony of the first, second, third, or fourth degree | 7990 |
for purposes of division (A)(1)(a)(ii) of this section, a felony | 7991 |
of the fifth degree or a misdemeanor for purposes of division | 7992 |
(A)(1)(a)(iii) of this section, aggravated murder or murder for | 7993 |
purposes of division (A)(1)(b)(i) of this section, a felony of | 7994 |
the first, second, or third degree for purposes of division | 7995 |
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth | 7996 |
degree for purposes of division (A)(1)(b)(iii) of this section, | 7997 |
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this | 7998 |
section. | 7999 |
(B) If a person violates a prohibition in section 2950.04, | 8000 |
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to | 8001 |
the person as a result of the person being adjudicated a | 8002 |
delinquent child and being classified a juvenile offender | 8003 |
registrant or an out-of-state juvenile offender registrant, both | 8004 |
of the following apply: | 8005 |
(1) If the violation occurs while the person is under | 8006 |
eighteen years of age, the person is subject to proceedings under | 8007 |
Chapter 2152. of the Revised Code based on the violation. | 8008 |
(2) If the violation occurs while the person is eighteen | 8009 |
years of age or older, the person is subject to criminal | 8010 |
prosecution based on the violation. | 8011 |
(C) Whoever violates division (C) of section 2950.13 of the | 8012 |
Revised Code is guilty of a misdemeanor of the first degree. | 8013 |
Sec. 2951.041. (A)(1) If an offender is charged with a | 8014 |
criminal offense, including but not limited to a violation of | 8015 |
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of | 8016 |
the Revised Code, and the court has reason to believe that drug or | 8017 |
alcohol usage by the offender was a factor leading to the | 8018 |
8019 | |
that, at the time of committing that offense, the offender had a | 8020 |
mental illness or was a mentally retarded person and that the | 8021 |
mental illness or status as a mentally retarded person was a | 8022 |
factor leading to the offender's criminal behavior, the court may | 8023 |
accept, prior to the entry of a guilty plea, the offender's | 8024 |
request for intervention in lieu of conviction. The request shall | 8025 |
include a statement from the offender as to whether the offender | 8026 |
is alleging that drug or alcohol usage by the offender was a | 8027 |
factor leading to the criminal offense with which the offender is | 8028 |
charged or is alleging that, at the time of committing that | 8029 |
offense, the offender had a mental illness or was a mentally | 8030 |
retarded person and that the mental illness or status as a | 8031 |
mentally retarded person was a factor leading to the criminal | 8032 |
offense with which the offender is charged. The request also shall | 8033 |
include a waiver of the defendant's right to a speedy trial, the | 8034 |
preliminary hearing, the time period within which the grand jury | 8035 |
may consider an indictment against the offender, and arraignment, | 8036 |
unless the hearing, indictment, or arraignment has already | 8037 |
occurred. The court may reject an offender's request without a | 8038 |
hearing. If the court elects to consider an offender's request, | 8039 |
the court shall conduct a hearing to determine whether the | 8040 |
offender is eligible under this section for intervention in lieu | 8041 |
of conviction and shall stay all criminal proceedings pending the | 8042 |
outcome of the hearing. If the court schedules a hearing, the | 8043 |
court shall order an assessment of the offender for the purpose of | 8044 |
determining the offender's eligibility for intervention in lieu of | 8045 |
conviction and recommending an appropriate intervention plan. | 8046 |
If the offender alleges that drug or alcohol usage by the | 8047 |
offender was a factor leading to the criminal offense with which | 8048 |
the offender is charged, the court may order that the offender be | 8049 |
assessed by a program certified pursuant to section 3793.06 of | 8050 |
the Revised Code or a properly credentialed professional for the | 8051 |
purpose of determining the offender's eligibility for | 8052 |
intervention in lieu of conviction and recommending an | 8053 |
appropriate intervention plan. The program or the properly | 8054 |
credentialed professional shall provide a written assessment of | 8055 |
the offender to the court. | 8056 |
(2) The victim notification provisions of division (C) of | 8057 |
section 2930.08 of the Revised Code apply in relation to any | 8058 |
hearing held under division (A)(1) of this section. | 8059 |
(B) An offender is eligible for intervention in lieu of | 8060 |
conviction if the court finds all of the following: | 8061 |
(1) The offender previously has not been convicted of or | 8062 |
pleaded guilty to a felony offense of violence or previously has | 8063 |
been convicted of or pleaded guilty to any felony that is not an | 8064 |
offense of violence and the prosecuting attorney recommends that | 8065 |
the offender be found eligible for participation in intervention | 8066 |
in lieu of treatment under this section, previously has not been | 8067 |
through intervention in lieu of conviction under this section | 8068 |
or any similar regimen, and is charged with a felony for which | 8069 |
the court, upon conviction, would impose sentence under division | 8070 |
(B)(2)(b) of section 2929.13 of the Revised Code or with a | 8071 |
misdemeanor. | 8072 |
(2) The offense is not a felony of the first, second, or | 8073 |
third degree, is not an offense of violence, is not a violation of | 8074 |
division (A)(1) or (2) of section 2903.06 of the Revised Code, is | 8075 |
not a violation of division (A)(1) of section 2903.08 of the | 8076 |
Revised Code, is not a violation of division (A) of section | 8077 |
4511.19 of the Revised Code or a municipal ordinance that is | 8078 |
substantially similar to that division, and is not an offense for | 8079 |
which a sentencing court is required to impose a mandatory prison | 8080 |
term, a mandatory term of local incarceration, or a mandatory term | 8081 |
of imprisonment in a jail. | 8082 |
(3) The offender is not charged with a violation of section | 8083 |
2925.02, | 8084 |
charged with a violation of section 2925.03 of the Revised Code | 8085 |
that is a felony of the first, second, third, or fourth degree, | 8086 |
and is not charged with a violation of section 2925.11 of the | 8087 |
Revised Code that is a felony of the first, second, or third | 8088 |
degree. | 8089 |
(4) | 8090 |
8091 | |
8092 | |
8093 | |
8094 | |
8095 |
| 8096 |
the offender was a factor leading to the criminal offense with | 8097 |
which the offender is charged, the court has ordered that the | 8098 |
offender | 8099 |
8100 | |
8101 | |
8102 | |
8103 | |
8104 | |
8105 | |
8106 | |
8107 | |
8108 | |
8109 | |
professional for the purpose of determining the offender's | 8110 |
eligibility for intervention in lieu of conviction and | 8111 |
recommending an appropriate intervention plan, the offender has | 8112 |
been assessed by a program of that nature or a properly | 8113 |
credentialed professional in accordance with the court's order, | 8114 |
and the program or properly credentialed professional has filed | 8115 |
the written assessment of the offender with the court. | 8116 |
(5) If an offender alleges that, at the time of committing | 8117 |
the criminal offense with which the offender is charged, the | 8118 |
offender had a mental illness or was a mentally retarded person | 8119 |
and that the mental illness or status as a mentally retarded | 8120 |
person was a factor leading to that offense, the offender has been | 8121 |
assessed by a psychiatrist, psychologist, independent social | 8122 |
worker, or professional clinical counselor for the purpose of | 8123 |
determining the offender's eligibility for intervention in lieu of | 8124 |
conviction and recommending an appropriate intervention plan. | 8125 |
(6) The offender's drug | 8126 |
illness, or mental retardation, whichever is applicable, was a | 8127 |
factor leading to the criminal offense with which the offender is | 8128 |
charged, intervention in lieu of conviction would not demean the | 8129 |
seriousness of the offense, and intervention would substantially | 8130 |
reduce the likelihood of any future criminal activity. | 8131 |
(7) The alleged victim of the offense was not sixty-five | 8132 |
years of age or older, permanently and totally disabled, under | 8133 |
thirteen years of age, or a peace officer engaged in the officer's | 8134 |
official duties at the time of the alleged offense. | 8135 |
(8) If the offender is charged with a violation of section | 8136 |
2925.24 of the Revised Code, the alleged violation did not result | 8137 |
in physical harm to any person, and the offender previously has | 8138 |
not been treated for drug abuse. | 8139 |
(9) The offender is willing to comply with all terms and | 8140 |
conditions imposed by the court pursuant to division (D) of this | 8141 |
section. | 8142 |
(C) At the conclusion of a hearing held pursuant to division | 8143 |
(A) of this section, the court shall enter its determination as to | 8144 |
whether the offender is eligible for intervention in lieu of | 8145 |
conviction and as to whether to grant the offender's request. If | 8146 |
the court finds under division (B) of this section that the | 8147 |
offender is eligible for intervention in lieu of conviction and | 8148 |
grants the offender's request, the court shall accept the | 8149 |
offender's plea of guilty and waiver of the defendant's right to a | 8150 |
speedy trial, the preliminary hearing, the time period within | 8151 |
which the grand jury may consider an indictment against the | 8152 |
offender, and arraignment, unless the hearing, indictment, or | 8153 |
arraignment has already occurred. In addition, the court then may | 8154 |
stay all criminal proceedings and order the offender to comply | 8155 |
with all terms and conditions imposed by the court pursuant to | 8156 |
division (D) of this section. If the court finds that the offender | 8157 |
is not eligible or does not grant the offender's request, the | 8158 |
criminal proceedings against the offender shall proceed as if the | 8159 |
offender's request for intervention in lieu of conviction had not | 8160 |
been made. | 8161 |
(D) If the court grants an offender's request for | 8162 |
intervention in lieu of conviction, the court shall place the | 8163 |
offender under the general control and supervision of the county | 8164 |
probation department, the adult parole authority, or another | 8165 |
appropriate local probation or court services agency, if one | 8166 |
exists, as if the offender was subject to a community control | 8167 |
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the | 8168 |
Revised Code. The court shall establish an intervention plan for | 8169 |
the offender. The terms and conditions of the intervention plan | 8170 |
shall require the offender, for at least one year from the date on | 8171 |
which the court grants the order of intervention in lieu of | 8172 |
conviction, to abstain from the use of illegal drugs and alcohol, | 8173 |
to participate in treatment and recovery support services, and to | 8174 |
submit to regular random testing for drug and alcohol use and may | 8175 |
include any other treatment terms and conditions, or terms and | 8176 |
conditions similar to community control sanctions, which may | 8177 |
include community service or restitution, that are ordered by the | 8178 |
court. | 8179 |
(E) If the court grants an offender's request for | 8180 |
intervention in lieu of conviction and the court finds that the | 8181 |
offender has successfully completed the intervention plan for the | 8182 |
offender, including the requirement that the offender abstain from | 8183 |
using illegal drugs and alcohol for a period of at least one year | 8184 |
from the date on which the court granted the order of intervention | 8185 |
in lieu of conviction, the requirement that the offender | 8186 |
participate in treatment and recovery support services, and all | 8187 |
other terms and conditions ordered by the court, the court shall | 8188 |
dismiss the proceedings against the offender. Successful | 8189 |
completion of the intervention plan and period of abstinence under | 8190 |
this section shall be without adjudication of guilt and is not a | 8191 |
criminal conviction for purposes of any disqualification or | 8192 |
disability imposed by law and upon conviction of a crime, and the | 8193 |
court may order the sealing of records related to the offense in | 8194 |
question in the manner provided in sections 2953.31 to 2953.36 of | 8195 |
the Revised Code. | 8196 |
(F) If the court grants an offender's request for | 8197 |
intervention in lieu of conviction and the offender fails to | 8198 |
comply with any term or condition imposed as part of the | 8199 |
intervention plan for the offender, the supervising authority for | 8200 |
the offender promptly shall advise the court of this failure, and | 8201 |
the court shall hold a hearing to determine whether the offender | 8202 |
failed to comply with any term or condition imposed as part of the | 8203 |
plan. If the court determines that the offender has failed to | 8204 |
comply with any of those terms and conditions, it shall enter a | 8205 |
finding of guilty and shall impose an appropriate sanction under | 8206 |
Chapter 2929. of the Revised Code. If the court sentences the | 8207 |
offender to a prison term, the court, after consulting with the | 8208 |
department of rehabilitation and correction regarding the | 8209 |
availability of services, may order continued court-supervised | 8210 |
activity and treatment of the offender during the prison term and, | 8211 |
upon consideration of reports received from the department | 8212 |
concerning the offender's progress in the program of activity and | 8213 |
treatment, may consider judicial release under section 2929.20 of | 8214 |
the Revised Code. | 8215 |
(G) As used in this section: | 8216 |
(1) "Community control sanction" has the same meaning as in | 8217 |
section 2929.01 of the Revised Code. | 8218 |
(2) "Intervention in lieu of conviction" means any | 8219 |
court-supervised activity that complies with this section. | 8220 |
(3) "Peace officer" has the same meaning as in section | 8221 |
2935.01 of the Revised Code. | 8222 |
(4) "Mental illness" and "psychiatrist" have the same | 8223 |
meanings as in section 5122.01 of the Revised Code. | 8224 |
(5) "Mentally retarded person" has the same meaning as in | 8225 |
section 5123.01 of the Revised Code. | 8226 |
(6) "Psychologist" has the same meaning as in section 4732.01 | 8227 |
of the Revised Code. | 8228 |
Sec. 2967.05. (A) As used in this section: | 8229 |
(1) "Imminent danger of death" means that the inmate has a | 8230 |
medically diagnosable condition that will cause death to occur | 8231 |
within a short period of time. | 8232 |
As used in division (A)(1) of this section, "within a short | 8233 |
period of time" means generally within six months. | 8234 |
(2)(a) "Medically incapacitated" means any diagnosable | 8235 |
medical condition, including mental dementia and severe, permanent | 8236 |
medical or cognitive disability, that prevents the inmate from | 8237 |
completing activities of daily living without significant | 8238 |
assistance, that incapacitates the inmate to the extent that | 8239 |
institutional confinement does not offer additional restrictions, | 8240 |
that is likely to continue throughout the entire period of parole, | 8241 |
and that is unlikely to improve noticeably. | 8242 |
(b) "Medically incapacitated" does not include conditions | 8243 |
related solely to mental illness unless the mental illness is | 8244 |
accompanied by injury, disease, or organic defect. | 8245 |
(3)(a) "Terminal illness" means a condition that satisfies | 8246 |
all of the following criteria: | 8247 |
(i) The condition is irreversible and incurable and is caused | 8248 |
by disease, illness, or injury from which the inmate is unlikely | 8249 |
to recover. | 8250 |
(ii) In accordance with reasonable medical standards and a | 8251 |
reasonable degree of medical certainty, the condition is likely to | 8252 |
cause death to the inmate within twelve months. | 8253 |
(iii) Institutional confinement of the inmate does not offer | 8254 |
additional protections for public safety or against the inmate's | 8255 |
risk to reoffend. | 8256 |
(b) The department of rehabilitation and correction shall | 8257 |
adopt rules pursuant to Chapter 119. of the Revised Code to | 8258 |
implement the definition of "terminal illness" in division | 8259 |
(A)(3)(a) of this section. | 8260 |
(B) Upon the recommendation of the director of | 8261 |
rehabilitation and correction, accompanied by a certificate of the | 8262 |
attending physician that an inmate is terminally ill, medically | 8263 |
incapacitated, or in imminent danger of death, the governor may | 8264 |
order
the inmate's release | 8265 |
after a specified date, reserving the right to return the inmate | 8266 |
to the institution pursuant to this section. The inmate shall not | 8267 |
be released until an appropriate placement in a skilled nursing | 8268 |
facility has been secured for the inmate and the skilled nursing | 8269 |
facility has secured a funding source for the placement. The | 8270 |
department of job and family services shall give priority to the | 8271 |
processing and determination of an inmate's eligibility for | 8272 |
initial or continued medicaid funding under this section. The | 8273 |
department of job and family services' processing and | 8274 |
determination of the inmate's eligibility may be based solely on | 8275 |
identifying information provided by the department of | 8276 |
rehabilitation and correction. In addition to the reimbursement | 8277 |
otherwise provided to a skilled nursing facility under Chapter | 8278 |
5111. of the Revised Code, the department of job and family | 8279 |
services, through the medicaid program, shall reimburse a skilled | 8280 |
nursing facility that provides care to inmates under this section | 8281 |
for reasonable additional costs incurred by the facility in | 8282 |
providing the security required by division (D)(1)(e) of this | 8283 |
section and will take all necessary steps to implement the payment | 8284 |
of these additional costs. An inmate shall not be released to a | 8285 |
skilled nursing facility until the inmate has undergone | 8286 |
preadmission screening and resident review and the level of care | 8287 |
review and determination process established under the | 8288 |
Administrative Code and has been determined to meet the criteria | 8289 |
for skilled nursing care. A skilled nursing facility shall meet | 8290 |
the requirements set forth in division (D) of this section. If, | 8291 |
subsequent to the inmate's release, the inmate's health | 8292 |
improves so that the inmate is no longer terminally ill, | 8293 |
medically incapacitated, or in imminent danger of death, the | 8294 |
inmate shall be returned, by order of the governor, to the | 8295 |
institution from which the inmate was released. If the inmate | 8296 |
violates any rules or conditions applicable to the inmate, the | 8297 |
inmate may be returned to an institution under the control of the | 8298 |
department of rehabilitation and correction. The governor may | 8299 |
direct the adult parole authority to investigate or cause to be | 8300 |
investigated the inmate and make a recommendation in the manner | 8301 |
set forth in section 2967.03 of the Revised Code. An inmate | 8302 |
released under this section shall be subject to supervision by | 8303 |
the adult parole authority in accordance with any recommendation | 8304 |
of the adult parole authority that is approved by the governor. | 8305 |
The adult parole authority shall adopt rules pursuant to section | 8306 |
119.03 of the Revised Code to establish the procedure for | 8307 |
medical release of an inmate when an inmate is terminally ill, | 8308 |
medically incapacitated, or in imminent danger of death. | 8309 |
(C) No inmate is eligible for release under this section if | 8310 |
the inmate is serving a death sentence, a sentence of life without | 8311 |
parole, or a sentence under Chapter 2971. of the Revised Code for | 8312 |
a
felony of the first or second degree | 8313 |
8314 | |
8315 | |
8316 |
(D)(1) An inmate shall not be released to a skilled nursing | 8317 |
facility under this section unless the skilled nursing facility | 8318 |
meets all of the following requirements: | 8319 |
(a) The skilled nursing facility is certified as a skilled | 8320 |
nursing facility under Title XVIII or XIX of the "Social Security | 8321 |
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has | 8322 |
obtained any approval or authorization needed for its operation as | 8323 |
described in division (E) of this section. | 8324 |
(b) The skilled nursing facility is under contract with the | 8325 |
department of rehabilitation and correction solely for the care of | 8326 |
inmates released under this section and is certified by the | 8327 |
department. | 8328 |
(c) The skilled nursing facility is located in Ohio, and the | 8329 |
facility's location presents a minimal risk to public safety. | 8330 |
(d) The skilled nursing facility is operated by a licensed | 8331 |
nursing home administrator who has a minimum of six years of | 8332 |
active licensure, a master's degree in healthcare administration, | 8333 |
and experience in the administration of an assisted living | 8334 |
program, a home care program, a skilled nursing facility, a | 8335 |
hospice care program, and a long term acute care hospital. | 8336 |
(e) Employees of the facility or a contractor provide | 8337 |
security to the skilled nursing facility. The security staff shall | 8338 |
be directed by a person with at least thirty years of experience | 8339 |
as a law enforcement officer with a law enforcement agency | 8340 |
employing a minimum of five hundred law enforcement officers, | 8341 |
whose experience includes a minimum of five years of supervisory | 8342 |
experience. | 8343 |
(2) The department of health shall issue a certificate of | 8344 |
need to the operator of a skilled nursing facility that accepts | 8345 |
inmates under this section. | 8346 |
(E) The department of job and family services shall apply to | 8347 |
the centers for medicare and medicaid services of the United | 8348 |
States department of health and human services for any approval or | 8349 |
other authorization needed for the operation of the skilled | 8350 |
nursing facility to be used to provide care to inmates under this | 8351 |
section, and for a statement of the applicable parameters for | 8352 |
operation of the facility. The department shall notify the | 8353 |
facility and the department of rehabilitation and correction of | 8354 |
the grant by the centers of any such approval or authorization | 8355 |
needed for the facility and of the applicable parameters for its | 8356 |
operation. | 8357 |
(F) Sections 3721.10 to 3721.18 of the Revised Code do not | 8358 |
apply to an inmate receiving care in a skilled nursing facility | 8359 |
under divisions (B) to (D) of this section. | 8360 |
Sec. 2967.14. (A) The department of rehabilitation and | 8361 |
correction or the adult parole authority may require or allow a | 8362 |
parolee | 8363 |
state correctional institution to reside in a halfway house or | 8364 |
other suitable community residential center that has been licensed | 8365 |
by the division of parole and community services pursuant to | 8366 |
division (C) of this section during a part or for the entire | 8367 |
period of the offender's or parolee's conditional release or of | 8368 |
the releasee's term of post-release control. The court of common | 8369 |
pleas that placed an offender under a sanction consisting of a | 8370 |
term in a halfway house or in an alternative residential sanction | 8371 |
may require the offender to reside in a halfway house or other | 8372 |
suitable community residential center that is designated by the | 8373 |
court and that has been licensed by the division pursuant to | 8374 |
division (C) of this section during a part or for the entire | 8375 |
period of the offender's residential sanction. | 8376 |
(B) The division of parole and community services may | 8377 |
negotiate and enter into agreements with any public or private | 8378 |
agency or a department or political subdivision of the state that | 8379 |
operates a halfway house, reentry center, or community residential | 8380 |
center that has been licensed by the division pursuant to division | 8381 |
(C) of this section. An agreement under this division shall | 8382 |
provide for the purchase of beds, shall set limits of supervision | 8383 |
and levels of occupancy, and shall determine the scope of services | 8384 |
for all eligible offenders, including those subject to a | 8385 |
residential sanction, as defined in rules adopted by the director | 8386 |
of rehabilitation and correction in accordance with Chapter 119. | 8387 |
of the Revised Code, or those released from prison without | 8388 |
supervision.
| 8389 |
8390 | |
8391 | |
payments for beds and services shall not exceed the total | 8392 |
operating costs of the halfway house, reentry center, or community | 8393 |
residential center during the term of an agreement. The director | 8394 |
of rehabilitation and correction shall adopt rules in accordance | 8395 |
with Chapter 119. of the Revised Code for determining includable | 8396 |
and excludable costs and income to be used in computing the | 8397 |
agency's average daily per capita costs with its facility at full | 8398 |
occupancy. | 8399 |
The department of rehabilitation and correction may use no | 8400 |
more than ten per cent of the amount appropriated to the | 8401 |
department each fiscal year for the halfway house, reentry center, | 8402 |
and community residential center program to pay for contracts for | 8403 |
nonresidential services for offenders under the supervision of the | 8404 |
adult parole authority. The nonresidential services may include, | 8405 |
but are not limited to, treatment for substance abuse, mental | 8406 |
health
counseling,
| 8407 |
electronic monitoring services. | 8408 |
(C) The division of parole and community services may license | 8409 |
a halfway house, reentry center, or community residential center | 8410 |
as a suitable facility for the care and treatment of adult | 8411 |
offenders, including offenders sentenced under section 2929.16 or | 8412 |
2929.26 of the Revised Code, only if the halfway house, reentry | 8413 |
center, or community residential center complies with the | 8414 |
standards that the division adopts in accordance with Chapter 119. | 8415 |
of the Revised Code for the licensure of halfway houses, reentry | 8416 |
centers, and community residential centers. The division shall | 8417 |
annually inspect each licensed halfway house, licensed reentry | 8418 |
center, and licensed community residential center to determine if | 8419 |
it is in compliance with the licensure standards. | 8420 |
Sec. 2967.19. (A) The director of rehabilitation and | 8421 |
correction may petition the sentencing court for the release from | 8422 |
prison of any offender confined in a state correctional | 8423 |
institution under a stated prison term of one year or more who has | 8424 |
served at least eighty-five per cent of the offender's stated | 8425 |
prison term and is eligible under division (B) of this section | 8426 |
for a release under this section. If the director wishes to submit | 8427 |
a petition for release under this section, the director shall | 8428 |
submit the petition not earlier than ninety days prior to the date | 8429 |
on which the offender has served eighty-five per cent of the | 8430 |
offender's stated prison term. The director's submission of a | 8431 |
petition for release under this section constitutes a | 8432 |
recommendation by the director that the court strongly consider | 8433 |
release of the offender consistent with the purposes and | 8434 |
principles of sentencing set forth in section 2929.13 of the | 8435 |
Revised Code. | 8436 |
(B) Except as otherwise provided in this division, an | 8437 |
offender serving a stated prison term of one year or more is | 8438 |
eligible for release from prison under this section. An offender | 8439 |
is not eligible for release from prison under this section if the | 8440 |
offender is serving a term of life imprisonment, including any | 8441 |
term of life imprisonment that has parole eligibility, if the | 8442 |
offender is serving a mandatory prison term imposed under division | 8443 |
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section | 8444 |
2929.14 of the Revised Code, or if the offender is serving a | 8445 |
prison term for any of the following: | 8446 |
(1) Aggravated murder, murder, voluntary manslaughter, | 8447 |
involuntary manslaughter, felonious assault, kidnapping, rape, | 8448 |
aggravated arson, or aggravated robbery; | 8449 |
(2) Complicity in, an attempt to commit, or conspiracy to | 8450 |
commit any offense listed in division (B)(1) of this section; | 8451 |
(3) Any offense that is a felony of the first or second | 8452 |
degree, that is not described in division (B)(1) or (2) of this | 8453 |
section, and for which the offender is not serving a term of life | 8454 |
imprisonment if the offender previously has been convicted of or | 8455 |
pleaded guilty to aggravated murder, murder, any felony of the | 8456 |
first or second degree, or any offense under an existing or former | 8457 |
law of this state, another state, or the United States that is or | 8458 |
was substantially equivalent to aggravated murder, murder, or a | 8459 |
felony of the first or second degree; | 8460 |
(4) Any felony, other than carrying a concealed weapon, that | 8461 |
was committed while the person had a firearm, as defined in | 8462 |
section 2923.11 of the Revised Code, on or about the offender's | 8463 |
person or under the offender's control; | 8464 |
(5) Any violation of section 2925.03 of the Revised Code that | 8465 |
is a felony of the first or second degree; | 8466 |
(6) Engaging in a pattern of corrupt activity in violation of | 8467 |
section 2923.32 of the Revised Code. | 8468 |
(C) The director shall include with any petition submitted to | 8469 |
the sentencing court under this section an institutional summary | 8470 |
report that covers the offender's participation while confined in | 8471 |
a state correctional institution in school, training, work, | 8472 |
treatment, and other rehabilitative activities and any | 8473 |
disciplinary action taken against the offender while so confined. | 8474 |
The director shall include with the petition a post-release | 8475 |
control assessment and placement plan, when relevant, and any | 8476 |
other documentation requested by the court, if available. | 8477 |
(D) When the director submits a petition under this section | 8478 |
for release of an offender, the department promptly shall give | 8479 |
notice of the petition to the prosecuting attorney of the county | 8480 |
in which the offender was indicted and to any victim of the | 8481 |
offender or victim's representative of any victim of the offender | 8482 |
who is registered with the office of victim's services. | 8483 |
The department also shall post notice of the petition on the | 8484 |
database it maintains under section 5120.66 of the Revised Code | 8485 |
and include information on where a person may send comments | 8486 |
regarding the petition. | 8487 |
(E) Upon receipt of a petition for release of an offender | 8488 |
submitted by the director under this section, the court may deny | 8489 |
the petition without a hearing. The court shall not grant a | 8490 |
petition for release of an offender without a hearing. If a court | 8491 |
denies a petition for release of an offender without a hearing, | 8492 |
the court may later consider release of that offender on a | 8493 |
subsequent petition. The court shall enter its ruling within | 8494 |
thirty days after the petition is filed. | 8495 |
(F) If the court grants a hearing on a petition for release | 8496 |
of an offender, the court shall notify the head of the state | 8497 |
correctional institution in which the offender is confined of the | 8498 |
hearing prior to the hearing. If the court makes a journal entry | 8499 |
ordering the offender to be conveyed to the hearing, except as | 8500 |
otherwise provided in this division, the head of the correctional | 8501 |
institution shall deliver the offender to the sheriff of the | 8502 |
county in which the hearing is to be held, and the sheriff shall | 8503 |
convey the offender to and from the hearing. Upon the court's own | 8504 |
motion or the motion of the offender or the prosecuting attorney | 8505 |
of the county in which the offender was indicted, the court may | 8506 |
permit the offender to appear at the hearing by video conferencing | 8507 |
equipment if equipment of that nature is available and compatible. | 8508 |
Upon receipt of notice from a court of a hearing on the | 8509 |
release of an offender under this division, the head of the state | 8510 |
correctional institution in which the offender is confined | 8511 |
immediately shall notify the appropriate person at the department | 8512 |
of rehabilitation and correction of the hearing, and the | 8513 |
department within twenty-four hours after receipt of the notice | 8514 |
shall post on the database it maintains pursuant to section | 8515 |
5120.66 of the Revised Code the offender's name and all of the | 8516 |
information specified in division (A)(1)(c)(i) of that section. If | 8517 |
the court grants a hearing on a petition for release of an | 8518 |
offender under this section, the court promptly shall give notice | 8519 |
of the hearing to the prosecuting attorney of the county in which | 8520 |
the offender was indicted. Upon receipt of the notice from the | 8521 |
court, the prosecuting attorney shall notify pursuant to section | 8522 |
2930.16 of the Revised Code any victim of the offender or the | 8523 |
victim's representative of the hearing. | 8524 |
(G) If the court grants a hearing on a petition for release | 8525 |
of an offender under this section, at the hearing, the court shall | 8526 |
afford the offender and the offender's attorney an opportunity to | 8527 |
present written information and, if present, oral information | 8528 |
relevant to the motion. The court shall afford a similar | 8529 |
opportunity to the prosecuting attorney, victim or victim's | 8530 |
representative, as defined in section 2930.01 of the Revised Code, | 8531 |
and any other person the court determines is likely to present | 8532 |
additional relevant information. If the court pursuant to division | 8533 |
(F) of this section permits the offender to appear at the hearing | 8534 |
by video conferencing equipment, the offender's opportunity to | 8535 |
present oral information shall be as a part of the video | 8536 |
conferencing. The court shall consider any statement of a victim | 8537 |
made under section 2930.14 or 2930.17 of the Revised Code, any | 8538 |
victim impact statement prepared under 2947.051 of the Revised | 8539 |
Code, and any report, plan, and other documentation submitted by | 8540 |
the director under division (C) of this section. After ruling on | 8541 |
the motion, the court shall notify the victim in accordance with | 8542 |
sections 2930.03 and 2930.16 of the Revised Code. | 8543 |
(H) If the court grants a petition for release of an offender | 8544 |
under this section, it shall order the offender's release under | 8545 |
the supervision of the adult parole authority. The court shall not | 8546 |
make a release under this section effective prior to the date on | 8547 |
which the offender has served at least eighty-five per cent of the | 8548 |
offender's stated prison term. If the sentence under which the | 8549 |
offender is confined in a state correctional institution and | 8550 |
from which the offender is being released was imposed for a | 8551 |
felony of the first or second degree, the court shall order that | 8552 |
the offender be monitored by means of a global positioning | 8553 |
device, with the cost of monitoring borne by the offender | 8554 |
through the imposition of supervision fees under section 5120.56 | 8555 |
of the Revised Code. If the offender is indigent, the cost shall | 8556 |
be paid out of the reparations fund created under section | 8557 |
2743.191 of the Revised Code. The initial period of supervision | 8558 |
by the adult parole authority and the monitoring of the offender | 8559 |
by means of a global positioning device when ordered shall | 8560 |
conclude on the date of expiration of the stated prison term | 8561 |
from which the offender was released. If the parole board | 8562 |
imposed a period of post-release control on the offender under | 8563 |
section 2967.28 of the Revised Code, upon the conclusion of that | 8564 |
initial period of supervision and that initial period of | 8565 |
monitoring when ordered, the offender shall be placed on | 8566 |
post-release control in accordance with the post-release control | 8567 |
sanctions the board imposed on the offender under that section. | 8568 |
If the court grants a petition for release of an offender | 8569 |
under this section, it shall notify the appropriate person at the | 8570 |
department of rehabilitation and correction of the release, and | 8571 |
the department shall post notice of the release on the database it | 8572 |
maintains pursuant to section 5120.66 of the Revised Code. | 8573 |
(I) Within ninety days after the effective date of this | 8574 |
section, the chair of the parole board or the chair's designee | 8575 |
shall review the cases of all parole-eligible inmates who are age | 8576 |
sixty-five or older and who have had a statutory first parole | 8577 |
consideration hearing. | 8578 |
(J) Upon completion of the review described in division (I) | 8579 |
of this section, the chair of the parole board shall present to | 8580 |
the board the cases of the offenders described in that division. | 8581 |
Upon presentation of the case of an offender, the board, by | 8582 |
majority vote, may choose to rehear the offender's case for | 8583 |
possible release on parole. | 8584 |
(K)(1) An offender who is serving a mandatory prison term | 8585 |
imposed under a provision other than division (D)(1)(a), | 8586 |
(D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section 2929.14 of | 8587 |
the Revised Code is not automatically ineligible as a result of | 8588 |
the offender's service of that term for release from prison under | 8589 |
this section. | 8590 |
(2) An offender who is serving a mandatory prison term | 8591 |
imposed under division (D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), | 8592 |
or (D)(2) of section 2929.14 of the Revised Code and one or more | 8593 |
other prison terms or mandatory prison terms may be eligible for | 8594 |
release from prison under this section after the offender has | 8595 |
served all mandatory prison terms imposed under division | 8596 |
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section | 8597 |
2929.14 of the Revised Code, if the offender otherwise is eligible | 8598 |
for the release under divisions (B) and (K)(1) of this section. | 8599 |
(L) The department shall adopt under Chapter 119. of the | 8600 |
Revised Code any rules necessary to implement this section. | 8601 |
Sec. 2967.193. (A) Except as provided in division (C) of | 8602 |
this section or in section 2929.13, 2929.14, or 2967.13 of the | 8603 |
Revised Code and subject to the maximum total specified in this | 8604 |
section, a person confined in a state correctional institution | 8605 |
may earn one day or five days of credit, determined based on the | 8606 |
category set forth in division (D)(1), (2), or (3) of this | 8607 |
section in which the person is included, as a deduction from the | 8608 |
person's stated prison term for each | 8609 |
which the person productively participates in an education | 8610 |
program, vocational training, employment in prison industries, or | 8611 |
treatment for substance
abuse | 8612 |
8613 | |
specific standards for
performance by
prisoners. | 8614 |
8615 | |
8616 | |
8617 | |
8618 | |
total number of days of credit that a person may earn under this | 8619 |
section shall not exceed eight per cent of the total number of | 8620 |
days in the person's stated prison term. If the prisoner | 8621 |
violates prison rules, the department may deny the prisoner a | 8622 |
credit that otherwise could have been awarded to the prisoner or | 8623 |
may withdraw one or more credits previously earned by the | 8624 |
prisoner. | 8625 |
| 8626 |
8627 | |
8628 | |
8629 | |
8630 | |
8631 | |
8632 | |
8633 | |
8634 | |
8635 | |
8636 |
(B) The department of rehabilitation and correction shall | 8637 |
adopt rules that specify the programs or activities for which | 8638 |
credit may be earned under this section, the criteria for | 8639 |
determining productive participation in the programs or activities | 8640 |
and for awarding credit, and the criteria for denying or | 8641 |
withdrawing previously earned credit as a result of a violation of | 8642 |
prison rules. | 8643 |
(C) No person who is serving a sentence of life imprisonment | 8644 |
without parole imposed pursuant to section 2929.03 or 2929.06 of | 8645 |
the Revised
Code | 8646 |
life imprisonment without parole imposed pursuant to section | 8647 |
2971.03 of the Revised Code, or who is serving a sentence for a | 8648 |
sexually oriented offense shall be awarded any days of credit | 8649 |
under division (A) of this section. | 8650 |
(D) The determination of whether a person confined in a | 8651 |
state correctional institution may earn one day of credit or five | 8652 |
days of credit under division (A) of this section for each | 8653 |
completed month during which the person productively participates | 8654 |
in a program specified under that division shall be made in | 8655 |
accordance with the following: | 8656 |
(1) The offender may earn one day of credit under division | 8657 |
(A) of this section, except as provided in division (C) of this | 8658 |
section or in section 2929.13, 2929.14, or 2967.13 of the Revised | 8659 |
Code, if the most serious offense for which the offender is | 8660 |
confined is any of the following that is a felony of the first or | 8661 |
second degree: | 8662 |
(a) A violation of section 2903.11, 2903.15, 2905.01, | 8663 |
2907.21, 2907.24, 2907.25, 2909.02, 2909.09, 2909.10, 2909.101, | 8664 |
2909.26, 2909.27, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, | 8665 |
2919.13, 2919.151, 2919.22, 2921.34, 2923.01, 2923.131, 2923.162, | 8666 |
2923.32, 2925.24, or 2927.24 of the Revised Code; | 8667 |
(b) A conspiracy or attempt to commit, or complicity in | 8668 |
committing, aggravated murder, murder, any other offense for | 8669 |
which the maximum penalty is death or imprisonment for life, or | 8670 |
any offense listed in division (D)(1)(a) of this section. | 8671 |
(2) The offender may earn five days of credit under division | 8672 |
(A) of this section, except as provided in division (C) of this | 8673 |
section or in section 2929.13, 2929.14, or 2967.13 of the Revised | 8674 |
Code, if the most serious offense for which the offender is | 8675 |
confined is a felony of the first or second degree and division | 8676 |
(D)(1) of this section does not apply to the offender. | 8677 |
(3) The offender may earn five days of credit under division | 8678 |
(A) of this section, except as provided in division (C) of this | 8679 |
section or in section 2929.13, 2929.14, or 2967.13 of the Revised | 8680 |
Code, if the most serious offense for which the offender is | 8681 |
confined is a felony of the third, fourth, or fifth degree or an | 8682 |
unclassified felony. | 8683 |
(E) As used in this section, "sexually oriented offense" has | 8684 |
the same meaning as in section 2950.01 of the Revised Code. | 8685 |
Sec. 2967.28. (A) As used in this section: | 8686 |
(1) "Monitored time" means the monitored time sanction | 8687 |
specified in section 2929.17 of the Revised Code. | 8688 |
(2) "Deadly weapon" and "dangerous ordnance" have the same | 8689 |
meanings as in section 2923.11 of the Revised Code. | 8690 |
(3) "Felony sex offense" means a violation of a section | 8691 |
contained in Chapter 2907. of the Revised Code that is a felony. | 8692 |
(B) Each sentence to a prison term for a felony of the first | 8693 |
degree, for a felony of the second degree, for a felony sex | 8694 |
offense, or for a felony of the third degree that is not a felony | 8695 |
sex offense and in the commission of which the offender caused or | 8696 |
threatened to cause physical harm to a person shall include a | 8697 |
requirement that the offender be subject to a period of | 8698 |
post-release control imposed by the parole board after the | 8699 |
offender's release from imprisonment. If a court imposes a | 8700 |
sentence including a prison term of a type described in this | 8701 |
division on or after July 11, 2006, the failure of a sentencing | 8702 |
court to notify the offender pursuant to division (B)(3)(c) of | 8703 |
section 2929.19 of the Revised Code of this requirement or to | 8704 |
include in the judgment of conviction entered on the journal a | 8705 |
statement that the offender's sentence includes this requirement | 8706 |
does not negate, limit, or otherwise affect the mandatory period | 8707 |
of supervision that is required for the offender under this | 8708 |
division. Section 2929.191 of the Revised Code applies if, prior | 8709 |
to July 11, 2006, a court imposed a sentence including a prison | 8710 |
term of a type described in this division and failed to notify | 8711 |
the offender pursuant to division (B)(3)(c) of section 2929.19 of | 8712 |
the Revised Code regarding post-release control or to include in | 8713 |
the judgment of conviction entered on the journal or in the | 8714 |
sentence pursuant to division (F)(1) of section 2929.14 of the | 8715 |
Revised Code a statement regarding post-release control. Unless | 8716 |
reduced by the parole board pursuant to division (D) of this | 8717 |
section when authorized under that division, a period of | 8718 |
post-release control required by this division for an offender | 8719 |
shall be of one of the following periods: | 8720 |
(1) For a felony of the first degree or for a felony sex | 8721 |
offense, five years; | 8722 |
(2) For a felony of the second degree that is not a felony | 8723 |
sex offense, three years; | 8724 |
(3) For a felony of the third degree that is not a felony sex | 8725 |
offense and in the commission of which the offender caused or | 8726 |
threatened physical harm to a person, three years. | 8727 |
(C) Any sentence to a prison term for a felony of the third, | 8728 |
fourth, or fifth degree that is not subject to division (B)(1) or | 8729 |
(3) of this section shall include a requirement that the offender | 8730 |
be subject to a period of post-release control of up to three | 8731 |
years after the offender's release from imprisonment, if the | 8732 |
parole board, in accordance with division (D) of this section, | 8733 |
determines that a period of post-release control is necessary for | 8734 |
that offender. Section 2929.191 of the Revised Code applies if, | 8735 |
prior to July 11, 2006, a court imposed a sentence including a | 8736 |
prison term of a type described in this division and failed to | 8737 |
notify the offender pursuant to division (B)(3)(d) of section | 8738 |
2929.19 of the Revised Code regarding post-release control or to | 8739 |
include in the judgment of conviction entered on the journal or | 8740 |
in the sentence pursuant to division (F)(2) of section 2929.14 of | 8741 |
the Revised Code a statement regarding post-release control. | 8742 |
Pursuant to an agreement entered into under section 2967.29 of | 8743 |
the Revised Code, a court of common pleas or parole board may | 8744 |
impose sanctions or conditions on an offender who is placed on | 8745 |
post-release control under this division. | 8746 |
(D)(1) Before the prisoner is released from imprisonment, the | 8747 |
parole board or, pursuant to an agreement under section 2967.29 of | 8748 |
the Revised Code, the court shall impose upon a prisoner described | 8749 |
in division (B) of this section, may impose upon a prisoner | 8750 |
described in division (C) of this section, and shall impose upon a | 8751 |
prisoner described in division (B)(2)(b) of section 5120.031 or in | 8752 |
division (B)(1) of section 5120.032 of the Revised Code, one or | 8753 |
more post-release control sanctions to apply during the prisoner's | 8754 |
period of post-release control. Whenever the board or court | 8755 |
imposes one or more post-release control sanctions upon a | 8756 |
prisoner, the board or court, in addition to imposing the | 8757 |
sanctions, also shall include as a condition of the post-release | 8758 |
control that the offender not leave the state without permission | 8759 |
of the court or the offender's parole or probation officer and | 8760 |
that the offender abide by the law. The board or court may impose | 8761 |
any other conditions of release under a post-release control | 8762 |
sanction that the board or court considers appropriate, and the | 8763 |
conditions of release may include any community residential | 8764 |
sanction, community nonresidential sanction, or financial | 8765 |
sanction that the sentencing court was authorized to impose | 8766 |
pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised | 8767 |
Code. Prior to the release of a prisoner for whom it will impose | 8768 |
one or more post-release control sanctions under this division, | 8769 |
the parole board or court shall review the prisoner's criminal | 8770 |
history, all juvenile court adjudications finding the prisoner, | 8771 |
while a juvenile, to be a delinquent child, and the record of the | 8772 |
prisoner's conduct while imprisoned. The parole board or court | 8773 |
shall consider any recommendation regarding post-release control | 8774 |
sanctions for the prisoner made by the office of victims' | 8775 |
services. After considering those materials, the board or court | 8776 |
shall determine, for a prisoner described in division (B) of this | 8777 |
section, division (B)(2)(b) of section 5120.031, or division | 8778 |
(B)(1) of section 5120.032 of the Revised Code, which post-release | 8779 |
control sanction or combination of post-release control sanctions | 8780 |
is reasonable under the circumstances or, for a prisoner described | 8781 |
in division (C) of this section, whether a post-release control | 8782 |
sanction is necessary and, if so, which post-release control | 8783 |
sanction or combination of post-release control sanctions is | 8784 |
reasonable under the circumstances. In the case of a prisoner | 8785 |
convicted of a felony of the fourth or fifth degree other than a | 8786 |
felony sex offense, the board or court shall presume that | 8787 |
monitored time is the appropriate post-release control sanction | 8788 |
unless the board or court determines that a more restrictive | 8789 |
sanction is warranted. A post-release control sanction imposed | 8790 |
under this division takes effect upon the prisoner's release from | 8791 |
imprisonment. | 8792 |
Regardless of whether the prisoner was sentenced to the | 8793 |
prison term prior to, on, or after July 11, 2006, prior to the | 8794 |
release of a prisoner for whom it will impose one or more | 8795 |
post-release control sanctions under this division, the parole | 8796 |
board shall notify the prisoner that, if the prisoner violates | 8797 |
any sanction so imposed or any condition of post-release control | 8798 |
described in division (B) of section 2967.131 of the Revised Code | 8799 |
that is imposed on the prisoner, the parole board may impose a | 8800 |
prison term of up to one-half of the stated prison term | 8801 |
originally imposed upon the prisoner. | 8802 |
(2) If a prisoner who is placed on post-release control under | 8803 |
this section is released before the expiration of the prisoner's | 8804 |
stated prison term by reason of credit earned under section | 8805 |
2967.193 of the Revised Code and if the prisoner earned sixty or | 8806 |
more days of credit, the adult parole authority shall supervise | 8807 |
the offender with an active global positioning system device for | 8808 |
the first fourteen days after the offender's release from | 8809 |
imprisonment. This division does not prohibit or limit the | 8810 |
imposition of any post-release control sanction otherwise | 8811 |
authorized by this section. | 8812 |
(3) At any time after a prisoner is released from | 8813 |
imprisonment and during the period of post-release control | 8814 |
applicable to the releasee, the adult parole authority or, | 8815 |
pursuant to an agreement under section 2967.29 of the Revised | 8816 |
Code, the court may review the releasee's behavior under the | 8817 |
post-release control sanctions imposed upon the releasee under | 8818 |
this section. The authority or court may determine, based upon the | 8819 |
review and in accordance with the standards established under | 8820 |
division (E) of this section, that a more restrictive or a less | 8821 |
restrictive sanction is appropriate and may impose a different | 8822 |
sanction. The authority also may recommend that the parole board | 8823 |
or court increase or reduce the duration of the period of | 8824 |
post-release control imposed by the court. If the authority | 8825 |
recommends that the board or court increase the duration of | 8826 |
post-release control, the board or court shall review the | 8827 |
releasee's behavior and may increase the duration of the period | 8828 |
of post-release control imposed by the court up to eight years. | 8829 |
If the authority recommends that the board or court reduce the | 8830 |
duration of control for an offense described in division (B) or | 8831 |
(C) of this section, the board or court shall review the | 8832 |
releasee's behavior and may reduce the duration of the period of | 8833 |
control imposed by the court. In no case shall the board or court | 8834 |
reduce the duration of the period of control imposed for an | 8835 |
offense described in division (B)(1) of this section to a period | 8836 |
less than the length of the stated prison term originally imposed, | 8837 |
and in no case shall the board or court permit the releasee to | 8838 |
leave the state without permission of the court or the releasee's | 8839 |
parole or probation officer. | 8840 |
(E) The department of rehabilitation and correction, in | 8841 |
accordance with Chapter 119. of the Revised Code, shall adopt | 8842 |
rules that do all of the following: | 8843 |
(1) Establish standards for the imposition by the parole | 8844 |
board of post-release control sanctions under this section that | 8845 |
are consistent with the overriding purposes and sentencing | 8846 |
principles set forth in section 2929.11 of the Revised Code and | 8847 |
that are appropriate to the needs of releasees; | 8848 |
(2) Establish standards by which the parole board can | 8849 |
determine which prisoners described in division (C) of this | 8850 |
section should be placed under a period of post-release control; | 8851 |
(3) Establish standards to be used by the parole board in | 8852 |
reducing the duration of the period of post-release control | 8853 |
imposed by the court when authorized under division (D) of this | 8854 |
section, in imposing a more restrictive post-release control | 8855 |
sanction than monitored time upon a prisoner convicted of a felony | 8856 |
of the fourth or fifth degree other than a felony sex offense, or | 8857 |
in imposing a less restrictive control sanction upon a releasee | 8858 |
based on the releasee's activities including, but not limited to, | 8859 |
remaining free from criminal activity and from the abuse of | 8860 |
alcohol or other drugs, successfully participating in approved | 8861 |
rehabilitation programs, maintaining employment, and paying | 8862 |
restitution to the victim or meeting the terms of other financial | 8863 |
sanctions; | 8864 |
(4) Establish standards to be used by the adult parole | 8865 |
authority in modifying a releasee's post-release control sanctions | 8866 |
pursuant to division (D)(2) of this section; | 8867 |
(5) Establish standards to be used by the adult parole | 8868 |
authority or parole board in imposing further sanctions under | 8869 |
division (F) of this section on releasees who violate post-release | 8870 |
control sanctions, including standards that do the following: | 8871 |
(a) Classify violations according to the degree of | 8872 |
seriousness; | 8873 |
(b) Define the circumstances under which formal action by the | 8874 |
parole board is warranted; | 8875 |
(c) Govern the use of evidence at violation hearings; | 8876 |
(d) Ensure procedural due process to an alleged violator; | 8877 |
(e) Prescribe nonresidential community control sanctions for | 8878 |
most misdemeanor and technical violations; | 8879 |
(f) Provide procedures for the return of a releasee to | 8880 |
imprisonment for violations of post-release control. | 8881 |
(F)(1) Whenever the parole board imposes one or more | 8882 |
post-release control sanctions upon an offender under this | 8883 |
section, the offender upon release from imprisonment shall be | 8884 |
under the general jurisdiction of the adult parole authority and | 8885 |
generally shall be supervised by the field services section | 8886 |
through its staff of parole and field officers as described in | 8887 |
section 5149.04 of the Revised Code, as if the offender had been | 8888 |
placed on parole. If the offender upon release from imprisonment | 8889 |
violates the post-release control sanction or any conditions | 8890 |
described in division (A) of section 2967.131 of the Revised Code | 8891 |
that are imposed on the offender, the public or private person or | 8892 |
entity that operates or administers the sanction or the program or | 8893 |
activity that comprises the sanction shall report the violation | 8894 |
directly to the adult parole authority or to the officer of the | 8895 |
authority who supervises the offender. The authority's officers | 8896 |
may treat the offender as if the offender were on parole and in | 8897 |
violation of the parole, and otherwise shall comply with this | 8898 |
section. | 8899 |
(2) If the adult parole authority or, pursuant to an | 8900 |
agreement under section 2967.29 of the Revised Code, the court | 8901 |
determines that a releasee has violated a post-release control | 8902 |
sanction or any conditions described in division (A) of section | 8903 |
2967.131 of the Revised Code imposed upon the releasee and that a | 8904 |
more restrictive sanction is appropriate, the authority or court | 8905 |
may impose a more restrictive sanction upon the releasee, in | 8906 |
accordance with the standards established under division (E) of | 8907 |
this section or in accordance with the agreement made under | 8908 |
section 2967.29 of the Revised Code, or may report the violation | 8909 |
to the parole board for a hearing pursuant to division (F)(3) of | 8910 |
this section. The authority or court may not, pursuant to this | 8911 |
division, increase the duration of the releasee's post-release | 8912 |
control or impose as a post-release control sanction a | 8913 |
residential sanction that includes a prison term, but the | 8914 |
authority or court may impose on the releasee any other | 8915 |
residential sanction, nonresidential sanction, or financial | 8916 |
sanction that the sentencing court was authorized to impose | 8917 |
pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised | 8918 |
Code. | 8919 |
(3) The parole board or, pursuant to an agreement under | 8920 |
section 2967.29 of the Revised Code, the court may hold a hearing | 8921 |
on any alleged violation by a releasee of a post-release control | 8922 |
sanction or any conditions described in division (A) of section | 8923 |
2967.131 of the Revised Code that are imposed upon the releasee. | 8924 |
If after the hearing the board or court finds that the releasee | 8925 |
violated the sanction or condition, the board or court may | 8926 |
increase the duration of the releasee's post-release control up to | 8927 |
the maximum duration authorized by division (B) or (C) of this | 8928 |
section or impose a more restrictive post-release control | 8929 |
sanction. When appropriate, the board or court may impose as a | 8930 |
post-release control sanction a residential sanction that includes | 8931 |
a prison term. The board or court shall consider a prison term as | 8932 |
a post-release control sanction imposed for a violation of | 8933 |
post-release control when the violation involves a deadly weapon | 8934 |
or dangerous ordnance, physical harm or attempted serious physical | 8935 |
harm to a person, or sexual misconduct, or when the releasee | 8936 |
committed repeated violations of post-release control sanctions. | 8937 |
Unless a releasee's stated prison term was reduced pursuant to | 8938 |
section 5120.032 of the Revised Code, the period of a prison term | 8939 |
that is imposed as a post-release control sanction under this | 8940 |
division shall not exceed nine months, and the maximum cumulative | 8941 |
prison term for all violations under this division shall not | 8942 |
exceed one-half of the stated prison term originally imposed upon | 8943 |
the offender as part of this sentence. If a releasee's stated | 8944 |
prison term was reduced pursuant to section 5120.032 of the | 8945 |
Revised Code, the period of a prison term that is imposed as a | 8946 |
post-release control sanction under this division and the maximum | 8947 |
cumulative prison term for all violations under this division | 8948 |
shall not exceed the period of time not served in prison under the | 8949 |
sentence imposed by the court. The period of a prison term that is | 8950 |
imposed as a post-release control sanction under this division | 8951 |
shall not count as, or be credited toward, the remaining period of | 8952 |
post-release control. | 8953 |
If an offender is imprisoned for a felony committed while | 8954 |
under post-release control supervision and is again released on | 8955 |
post-release control for a period of time determined by division | 8956 |
(F)(4)(d) of this section, the maximum cumulative prison term for | 8957 |
all violations under this division shall not exceed one-half of | 8958 |
the total stated prison terms of the earlier felony, reduced by | 8959 |
any prison term administratively imposed by the parole board or | 8960 |
court, plus one-half of the total stated prison term of the new | 8961 |
felony. | 8962 |
(4) Any period of post-release control shall commence upon an | 8963 |
offender's actual release from prison. If an offender is serving | 8964 |
an indefinite prison term or a life sentence in addition to a | 8965 |
stated prison term, the offender shall serve the period of | 8966 |
post-release control in the following manner: | 8967 |
(a) If a period of post-release control is imposed upon the | 8968 |
offender and if the offender also is subject to a period of parole | 8969 |
under a life sentence or an indefinite sentence, and if the period | 8970 |
of post-release control ends prior to the period of parole, the | 8971 |
offender shall be supervised on parole. The offender shall receive | 8972 |
credit for post-release control supervision during the period of | 8973 |
parole. The offender is not eligible for final release under | 8974 |
section 2967.16 of the Revised Code until the post-release control | 8975 |
period otherwise would have ended. | 8976 |
(b) If a period of post-release control is imposed upon the | 8977 |
offender and if the offender also is subject to a period of parole | 8978 |
under an indefinite sentence, and if the period of parole ends | 8979 |
prior to the period of post-release control, the offender shall be | 8980 |
supervised on post-release control. The requirements of parole | 8981 |
supervision shall be satisfied during the post-release control | 8982 |
period. | 8983 |
(c) If an offender is subject to more than one period of | 8984 |
post-release control, the period of post-release control for all | 8985 |
of the sentences shall be the period of post-release control that | 8986 |
expires last, as determined by the parole board or court. Periods | 8987 |
of post-release control shall be served concurrently and shall not | 8988 |
be imposed consecutively to each other. | 8989 |
(d) The period of post-release control for a releasee who | 8990 |
commits a felony while under post-release control for an earlier | 8991 |
felony shall be the longer of the period of post-release control | 8992 |
specified for the new felony under division (B) or (C) of this | 8993 |
section or the time remaining under the period of post-release | 8994 |
control imposed for the earlier felony as determined by the parole | 8995 |
board or court. | 8996 |
Sec. 2981.07. (A) No person shall destroy, damage, remove, | 8997 |
or transfer property that is subject to forfeiture or otherwise | 8998 |
take any action in regard to property that is subject to | 8999 |
forfeiture with purpose to do any of the following: | 9000 |
(1) Prevent or impair the state's or political subdivision's | 9001 |
lawful authority to take the property into its custody or control | 9002 |
under this chapter or to continue holding the property under its | 9003 |
lawful custody or control; | 9004 |
(2) Impair or defeat the court's continuing jurisdiction over | 9005 |
the person and property; | 9006 |
(3) Devalue property that the person knows, or has reasonable | 9007 |
cause to believe, is subject to forfeiture proceedings under this | 9008 |
chapter. | 9009 |
(B)(1) Whoever violates this section is guilty of | 9010 |
interference with or diminishing forfeitable property. | 9011 |
(2) Except as otherwise provided in divisions (B)(3), (4), | 9012 |
and (5) of this section, interference with or diminishing | 9013 |
forfeitable property is a misdemeanor of the first degree. | 9014 |
(3) If the value of the property is | 9015 |
dollars or
more but less than | 9016 |
dollars, interference with or diminishing forfeitable property | 9017 |
is a felony of the fifth degree. | 9018 |
(4) If the value of the property is | 9019 |
hundred dollars or more but less than one hundred fifty thousand | 9020 |
dollars, interference with or diminishing forfeitable property | 9021 |
is a felony of the fourth degree. | 9022 |
(5) If the value of the property is one hundred fifty | 9023 |
thousand dollars or more, interference with or diminishing | 9024 |
forfeitable property is a felony of the third degree. | 9025 |
Sec. 4507.51. (A)(1) Every application for an | 9026 |
identification card or duplicate shall be made on a form | 9027 |
furnished by the registrar of motor vehicles, shall be signed by | 9028 |
the applicant, and by the applicant's parent or guardian if the | 9029 |
applicant is under eighteen years of age, and shall contain the | 9030 |
following information pertaining to the applicant: name, date of | 9031 |
birth, sex, general description including the applicant's height, | 9032 |
weight, hair color, and eye color, address, and social security | 9033 |
number. The application also shall state whether an applicant | 9034 |
wishes to certify willingness to make an anatomical gift under | 9035 |
section 2108.05 of the Revised Code and shall include information | 9036 |
about the requirements of sections 2108.01 to 2108.29 of the | 9037 |
Revised Code that apply to persons who are less than eighteen | 9038 |
years of age. The statement regarding willingness to make such a | 9039 |
donation shall be given no consideration in the decision of | 9040 |
whether to issue an identification card. Each applicant shall be | 9041 |
photographed in color at the time of making application. | 9042 |
(2)(a) The application also shall state whether the applicant | 9043 |
has executed a valid durable power of attorney for health care | 9044 |
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 9045 |
executed a declaration governing the use or continuation, or the | 9046 |
withholding or withdrawal, of life-sustaining treatment pursuant | 9047 |
to sections 2133.01 to 2133.15 of the Revised Code and, if the | 9048 |
applicant has executed either type of instrument, whether the | 9049 |
applicant wishes the identification card issued to indicate that | 9050 |
the applicant has executed the instrument. | 9051 |
(b) On and after October 7, 2009, the application also shall | 9052 |
state whether the applicant is a veteran, active duty, or | 9053 |
reservist of the armed forces of the United States and, if the | 9054 |
applicant is such, whether the applicant wishes the | 9055 |
identification card issued to indicate that the applicant is a | 9056 |
veteran, active duty, or reservist of the armed forces of the | 9057 |
United States by a military designation on the identification | 9058 |
card. | 9059 |
(3) The registrar or deputy registrar, in accordance with | 9060 |
section 3503.11 of the Revised Code, shall register as an elector | 9061 |
any person who applies for an identification card or duplicate if | 9062 |
the applicant is eligible and wishes to be registered as an | 9063 |
elector. The decision of an applicant whether to register as an | 9064 |
elector shall be given no consideration in the decision of whether | 9065 |
to issue the applicant an identification card or duplicate. | 9066 |
(B) The application for an identification card or duplicate | 9067 |
shall be filed in the office of the registrar or deputy registrar. | 9068 |
Each applicant shall present documentary evidence as required by | 9069 |
the registrar of the applicant's age and identity, and the | 9070 |
applicant shall swear that all information given is true. An | 9071 |
identification card issued by the department of rehabilitation and | 9072 |
correction under section 5120.59 of the Revised Code shall be | 9073 |
sufficient documentary evidence under this division upon | 9074 |
verification of the applicant's social security number by the | 9075 |
registrar or a deputy registrar. Upon issuing an identification | 9076 |
card under this section for a person who has been issued an | 9077 |
identification card under section 5120.59 of the Revised Code, | 9078 |
the registrar or deputy registrar shall destroy the | 9079 |
identification card issued under section 5120.59 of the Revised | 9080 |
Code. | 9081 |
All applications for an identification card or duplicate | 9082 |
shall be filed in duplicate, and if submitted to a deputy | 9083 |
registrar, a copy shall be forwarded to the registrar. The | 9084 |
registrar shall prescribe rules for the manner in which a deputy | 9085 |
registrar is to file and maintain applications and other records. | 9086 |
The registrar shall maintain a suitable, indexed record of all | 9087 |
applications denied and cards issued or canceled. | 9088 |
(C) In addition to any other information it contains, on and | 9089 |
after the date that is fifteen months after the effective date of | 9090 |
this amendment, the form furnished by the registrar of motor | 9091 |
vehicles for an application for an identification card or | 9092 |
duplicate shall inform applicants that the applicant must present | 9093 |
a copy of the applicant's DD-214 or an equivalent document in | 9094 |
order to qualify to have the card or duplicate indicate that the | 9095 |
applicant is an honorably discharged veteran of the armed forces | 9096 |
of the United States based on a request made pursuant to division | 9097 |
(A)(2)(b) of this section. | 9098 |
Sec. 5120.035. (A) As used in this section: | 9099 |
(1) "Alcohol and drug addiction services" has the same | 9100 |
meaning as in section 3793.01 of the Revised Code. | 9101 |
(2) "Second Chance Act" means the "Second Chance Act of 2007: | 9102 |
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42 | 9103 |
U.S.C. 17501, et seq., as now or hereafter amended. | 9104 |
(B) The department of rehabilitation and correction, together | 9105 |
with the department of alcohol and drug addiction services as the | 9106 |
single state authority for alcohol and drug addiction services, | 9107 |
shall develop an implementation plan related to any funding | 9108 |
approved by the bureau of justice assistance of the United States | 9109 |
department of justice through the Second Chance Act related to | 9110 |
reentry of offenders into the community. The department of | 9111 |
rehabilitation and correction, together with the department of | 9112 |
alcohol and drug addiction services, shall develop the plan not | 9113 |
later than ninety days after either of the departments is notified | 9114 |
by the United States department of justice that this state will | 9115 |
receive funding through the Second Chance Act. The implementation | 9116 |
plan shall include, but is not limited to, all of the following: | 9117 |
(1) A process and funding system for the reentry of offenders | 9118 |
seeking alcohol and drug addiction services; | 9119 |
(2) The planning, development, implementation, outcomes, | 9120 |
monitoring, regulation, and evaluation of a statewide system for | 9121 |
clinically appropriate alcohol and drug addiction services. | 9122 |
Sec. 5120.07. (A) There is hereby created the ex-offender | 9123 |
reentry coalition consisting of the following seventeen members or | 9124 |
their designees: | 9125 |
(1) The director of rehabilitation and correction; | 9126 |
(2) The director of aging; | 9127 |
(3) The director of alcohol and drug addiction services; | 9128 |
(4) The director of development; | 9129 |
(5) The superintendent of public instruction; | 9130 |
(6) The director of health; | 9131 |
(7) The director of job and family services; | 9132 |
(8) The director of mental health; | 9133 |
(9) The director of mental retardation and developmental | 9134 |
disabilities; | 9135 |
(10) The director of public safety; | 9136 |
(11) The director of youth services; | 9137 |
(12) The chancellor of the Ohio board of regents; | 9138 |
(13) | 9139 |
governor's | 9140 |
staff; | 9141 |
(14) | 9142 |
9143 |
| 9144 |
| 9145 |
| 9146 |
board created under Title XLVII of the Revised Code, as appointed | 9147 |
by the chairperson of the coalition; | 9148 |
(17) The director of veterans services. | 9149 |
(B) The members of the coalition shall serve without | 9150 |
compensation. The director of rehabilitation and correction or the | 9151 |
director's designee shall be the chairperson of the coalition. | 9152 |
(C) In consultation with persons interested and involved in | 9153 |
the reentry of ex-offenders into the community, including but not | 9154 |
limited to, service providers, community-based organizations, and | 9155 |
local governments, the coalition shall identify and examine social | 9156 |
service barriers and other obstacles to the reentry of | 9157 |
ex-offenders into the community. Not later than one year after | 9158 |
9159 | |
same date of each year thereafter, the coalition shall submit to | 9160 |
the speaker of the house of representatives and the president of | 9161 |
the senate a report, including recommendations for legislative | 9162 |
action, the activities of the coalition, and the barriers | 9163 |
affecting the successful reentry of ex-offenders into the | 9164 |
community. The report shall analyze the effects of those | 9165 |
barriers on ex-offenders and on their children and other family | 9166 |
members in various areas, including but not limited to, the | 9167 |
following: | 9168 |
(1) Admission to public and other housing; | 9169 |
(2) Child support obligations and procedures; | 9170 |
(3) Parental incarceration and family reunification; | 9171 |
(4) Social security benefits, veterans' benefits, food | 9172 |
stamps, and other forms of public assistance; | 9173 |
(5) Employment; | 9174 |
(6) Education programs and financial assistance; | 9175 |
(7) Substance abuse, mental health, and sex offender | 9176 |
treatment programs and financial assistance; | 9177 |
(8) Civic and political participation; | 9178 |
(9) Other collateral consequences under the Revised Code or | 9179 |
the Ohio administrative code law that may result from a criminal | 9180 |
conviction. | 9181 |
Sec. 5120.10. (A)(1) The director of rehabilitation and | 9182 |
correction, by rule, shall promulgate minimum standards for jails | 9183 |
in Ohio, including minimum security jails dedicated under section | 9184 |
341.34 or 753.21 of the Revised Code. Whenever the director files | 9185 |
a rule or an amendment to a rule in final form with both the | 9186 |
secretary of state and the director of the legislative service | 9187 |
commission pursuant to section 111.15 of the Revised Code, the | 9188 |
director of rehabilitation and correction promptly shall send a | 9189 |
copy of the rule or amendment, if the rule or amendment pertains | 9190 |
to minimum jail standards, by ordinary mail to the political | 9191 |
subdivisions or affiliations of political subdivisions that | 9192 |
operate jails to which the standards apply. | 9193 |
(2) The rules promulgated in accordance with division (A)(1) | 9194 |
of this section shall serve as criteria for the investigative and | 9195 |
supervisory powers and duties vested by division (D) of this | 9196 |
section in the division of parole and community services of the | 9197 |
department of rehabilitation and correction or in another division | 9198 |
of the department to which those powers and duties are assigned. | 9199 |
(B) The director may initiate an action in the court of | 9200 |
common pleas of the county in which a facility that is subject to | 9201 |
the rules promulgated under division (A)(1) of this section is | 9202 |
situated to enjoin compliance with the minimum standards for jails | 9203 |
or with the minimum standards and minimum renovation, | 9204 |
modification, and construction criteria for minimum security | 9205 |
jails. | 9206 |
(C) Upon the request of an administrator of a jail facility, | 9207 |
the chief executive of a municipal corporation, or a board of | 9208 |
county commissioners, the director of rehabilitation and | 9209 |
correction or the director's designee shall grant a variance from | 9210 |
the minimum standards for jails in Ohio for a facility that is | 9211 |
subject to one of those minimum standards when the director | 9212 |
determines that strict compliance with the minimum standards would | 9213 |
cause unusual, practical difficulties or financial hardship, that | 9214 |
existing or alternative practices meet the intent of the minimum | 9215 |
standards, and that granting a variance would not seriously affect | 9216 |
the security of the facility, the supervision of the inmates, or | 9217 |
the safe, healthful operation of the facility. If the director or | 9218 |
the director's designee denies a variance, the applicant may | 9219 |
appeal the denial pursuant to section 119.12 of the Revised Code. | 9220 |
(D) The following powers and duties shall be exercised by the | 9221 |
division of parole and community services unless assigned to | 9222 |
another division by the director: | 9223 |
(1) The investigation and supervision of county and municipal | 9224 |
jails, workhouses, minimum security jails, and other correctional | 9225 |
institutions and agencies; | 9226 |
(2) The review and approval of plans submitted to the | 9227 |
department of rehabilitation and correction pursuant to division | 9228 |
(E) of this section; | 9229 |
(3) The management and supervision of the adult parole | 9230 |
authority created by section 5149.02 of the Revised Code; | 9231 |
(4) The review and approval of proposals for community-based | 9232 |
correctional facilities and programs and district community-based | 9233 |
correctional facilities and programs that are submitted pursuant | 9234 |
to division (B) of section 2301.51 of the Revised Code; | 9235 |
(5) The distribution of funds made available to the division | 9236 |
for purposes of assisting in the renovation, maintenance, and | 9237 |
operation of community-based correctional facilities and programs | 9238 |
and district community-based correctional facilities and programs | 9239 |
in accordance with section 5120.112 of the Revised Code; | 9240 |
(6) The performance of the duty imposed upon the department | 9241 |
of rehabilitation and correction in section 5149.31 of the Revised | 9242 |
Code to establish and administer a program of subsidies to | 9243 |
eligible municipal corporations, counties, and groups of | 9244 |
contiguous counties for the development, implementation, and | 9245 |
operation of community-based corrections programs; | 9246 |
(7) Licensing halfway houses and community residential | 9247 |
centers for the care and treatment of adult offenders in | 9248 |
accordance with section 2967.14 of the Revised Code; | 9249 |
(8) Contracting with a public or private agency or a | 9250 |
department or political subdivision of the state that operates a | 9251 |
licensed halfway house or community residential center for the | 9252 |
provision of housing, supervision, and other services to parolees, | 9253 |
releasees, persons placed under a residential sanction, persons | 9254 |
under transitional control, and other eligible offenders in | 9255 |
accordance with section 2967.14 of the Revised Code. | 9256 |
Other powers and duties may be assigned by the director of | 9257 |
rehabilitation and correction to the division of parole and | 9258 |
community services. This section does not apply to the department | 9259 |
of youth services or its institutions or employees. | 9260 |
(E) No plan for any new jail, workhouse, or lockup, and no | 9261 |
plan for a substantial addition or alteration to an existing jail, | 9262 |
workhouse, or lockup, shall be adopted unless the officials | 9263 |
responsible for adopting the plan have submitted the plan to the | 9264 |
department of rehabilitation and correction for approval, and the | 9265 |
department has approved the plan as provided in division (D)(2) of | 9266 |
this section. | 9267 |
(F) The division of parole and community services shall | 9268 |
review, approve, and certify proposals for community | 9269 |
alternative sentencing centers and district community | 9270 |
alternative sentencing centers that are submitted pursuant to | 9271 |
section 307.932 of the Revised Code. | 9272 |
Sec. 5120.111. With respect to community-based correctional | 9273 |
facilities and programs and district community-based correctional | 9274 |
facilities and programs authorized under section 2301.51 of the | 9275 |
Revised Code and to community alternative sentencing centers and | 9276 |
district community alternative sentencing centers authorized | 9277 |
under section 307.932 of the Revised Code, the department of | 9278 |
rehabilitation and correction shall do all of the following: | 9279 |
(A) Adopt rules, under Chapter 119. of the Revised Code, that | 9280 |
serve as criteria for the operation of community-based | 9281 |
correctional facilities and programs and district community-based | 9282 |
correctional facilities and programs approved in accordance with | 9283 |
sections 2301.51 and 5120.10 of the Revised Code; | 9284 |
(B) Adopt rules, under Chapter 119. of the Revised Code, | 9285 |
governing the procedures for the submission of proposals for the | 9286 |
establishment of community-based correctional facilities and | 9287 |
programs and district community-based correctional facilities and | 9288 |
programs to the division of parole and community services under | 9289 |
division (B) of section 2301.51 of the Revised Code or for the | 9290 |
establishment and operation of community alternative sentencing | 9291 |
centers and district community alternative sentencing centers | 9292 |
under section 307.932 of the Revised Code and adopt rules under | 9293 |
Chapter 119. of the Revised Code that establish certification | 9294 |
guidelines for community alternative sentencing centers and | 9295 |
district community alternative sentencing centers under section | 9296 |
307.932 of the Revised Code; | 9297 |
(C) Prescribe forms that are to be used by facility governing | 9298 |
boards of community-based correctional facilities and programs and | 9299 |
district community-based correctional facilities and programs in | 9300 |
making application for state financial assistance under section | 9301 |
2301.56 of the Revised Code; | 9302 |
(D) Adopt rules, under Chapter 119. of the Revised Code, that | 9303 |
prescribe the standards of operation for the facilities and | 9304 |
programs that must be satisfied for | 9305 |
correctional facilities and programs and district community-based | 9306 |
correctional facilities and programs to be eligible for state | 9307 |
financial assistance; | 9308 |
(E) Through the division of parole and community services, | 9309 |
accept and review
proposals for the establishment of | 9310 |
community-based correctional facilities and programs and district | 9311 |
community-based correctional facilities and programs and approve | 9312 |
those proposals that satisfy the minimum requirements contained in | 9313 |
section 2301.52 of the Revised Code; and administer the program | 9314 |
for state financial assistance to the facilities and programs in | 9315 |
accordance with section 5120.112 of the Revised Code; | 9316 |
(F) Accept, through the division of parole and community | 9317 |
services, and review proposals for the establishment and | 9318 |
operation of community alternative sentencing centers and | 9319 |
district community alternative sentencing centers and approve | 9320 |
and certify those proposals that satisfy the requirements | 9321 |
contained in section 307.932 of the Revised Code. | 9322 |
Sec. 5120.113. (A) For each inmate committed to the | 9323 |
department of rehabilitation and correction, except as provided | 9324 |
in division (B) of this section, the department shall prepare a | 9325 |
written reentry plan for the inmate to help guide the inmate's | 9326 |
rehabilitation program during imprisonment, to assist in the | 9327 |
inmate's reentry into the community, and to assess the inmate's | 9328 |
needs upon release. | 9329 |
(B) Division (A) of this section does not apply to an inmate | 9330 |
who has been sentenced to life imprisonment without parole or who | 9331 |
has been sentenced to death. Division (A) of this section does not | 9332 |
apply to any inmate who is expected to be imprisoned for thirty | 9333 |
days or less, but the department may prepare a written reentry | 9334 |
plan of the type described in that division if the department | 9335 |
determines that the plan is needed. | 9336 |
(C) The department may collect, if available, any social and | 9337 |
other information that will aid in the preparation of reentry | 9338 |
plans under this section. | 9339 |
(D) In the event the department does not prepare a written | 9340 |
reentry plan as specified in division (A) of this section, or | 9341 |
makes a decision to not prepare a written reentry plan under | 9342 |
division (B) of this section or to not collect information under | 9343 |
division (C) of this section, that fact does not give rise to a | 9344 |
claim for damages against the state, the department, the director | 9345 |
of the department, or any employee of the department. | 9346 |
Sec. 5120.59. Before a prisoner is released from a state | 9347 |
correctional institution, the department of rehabilitation and | 9348 |
correction shall attempt to verify the prisoner's identification | 9349 |
and social security number. If the department is not able to | 9350 |
verify the prisoner's identification and social security number, | 9351 |
if the prisoner has no other documentary evidence required by the | 9352 |
registrar of motor vehicles for the issuance of an identification | 9353 |
card under section 4507.50 of the Revised Code, and if the | 9354 |
department determines that the prisoner is legally living in the | 9355 |
United States, the department shall issue to the prisoner upon | 9356 |
the prisoner's release an identification card that the prisoner | 9357 |
may present to the registrar or a deputy registrar of motor | 9358 |
vehicles | 9359 |
9360 | |
9361 | |
9362 |
Sec. 5120.60. (A) There is hereby created in the division of | 9363 |
parole and community services the office of | 9364 |
services. | 9365 |
(B) The office shall provide assistance to victims of crime, | 9366 |
victims' representatives designated under section 2930.02 of the | 9367 |
Revised Code, and members of the victim's family. The assistance | 9368 |
shall include, but not be limited to, providing information about | 9369 |
the policies and procedures of the department of rehabilitation | 9370 |
and correction and the status of offenders under the department's | 9371 |
jurisdiction. | 9372 |
(C) The office shall also make available publications that | 9373 |
will assist victims in contacting staff of the department about | 9374 |
problems with offenders under the supervision of the adult parole | 9375 |
authority or confined in state correctional institutions under the | 9376 |
department's jurisdiction. | 9377 |
(D) The office shall employ a | 9378 |
shall
administer the office's functions. The | 9379 |
coordinator shall be in the unclassified civil service and report | 9380 |
directly to the chief of the division. | 9381 |
(E) The office shall also employ at least three persons in | 9382 |
the unclassified civil service whose primary duties shall be to | 9383 |
help parole board hearing officers identify victims' issues and to | 9384 |
make recommendations to the parole board in accordance with rules | 9385 |
adopted
by
the department. | 9386 |
9387 | |
9388 | |
9389 |
(F) The office shall coordinate its activities with the | 9390 |
member of the parole board appointed pursuant to division (B) of | 9391 |
section 5149.10 of the Revised Code. The
| 9392 |
coordinator and other employees of the office shall have full | 9393 |
access to records of prisoners under the department's | 9394 |
jurisdiction. | 9395 |
(G) Information provided to the office of victim services by | 9396 |
victims of crime or a victim representative designated under | 9397 |
section 2930.02 of the Revised Code for the purpose of program | 9398 |
participation, of receiving services, or to communicate acts of an | 9399 |
inmate or person under the supervision of the adult parole | 9400 |
authority that threaten the safety and security of the victim | 9401 |
shall be confidential and is not a public record under section | 9402 |
149.43 of the Revised Code. | 9403 |
(H)(1) If a person who was convicted of or pleaded guilty to | 9404 |
an offense of violence that is a felony escapes from a | 9405 |
correctional institution under the control of the department of | 9406 |
rehabilitation and correction or otherwise escapes from the | 9407 |
custody of the department, the office of victim services shall | 9408 |
notify each victim of the offense or offenses committed by that | 9409 |
person of that person's escape and, if applicable, of that | 9410 |
person's subsequent apprehension. The office shall give this | 9411 |
notice as soon as practicable after the escape and the office | 9412 |
identifies and locates the victim. The office shall give this | 9413 |
notice to each victim of the escaped person, regardless of whether | 9414 |
the victim is registered for notification with the office, unless | 9415 |
the victim has specifically notified the office that the victim | 9416 |
does not wish to be notified regarding the person. | 9417 |
The office may give the notice required by this division by | 9418 |
telephone, in person, or by e-mail or other electronic means. If | 9419 |
the office cannot locate a victim to whom notice is to be | 9420 |
provided under this division, the office shall send the notice in | 9421 |
writing to the last known address of that victim. | 9422 |
(2) If a person escapes as described in division (H)(1) of | 9423 |
this section, the office of victim services may request assistance | 9424 |
from the prosecuting attorney of the county in which the person | 9425 |
was convicted of or pleaded guilty to the offense in identifying | 9426 |
and locating the victim of the offense. | 9427 |
(I) Any reference in any Revised Code section other than this | 9428 |
section to the "office of victims' services" of the division of | 9429 |
parole and community services or of the department of | 9430 |
rehabilitation and correction shall be construed as being a | 9431 |
reference to, and meaning, the office of victim services created | 9432 |
by division (A) of this section. | 9433 |
(J) As used in this section, "crime," "member of the victim's | 9434 |
family," and "victim" have the meanings given in section 2930.01 | 9435 |
of the Revised Code. | 9436 |
Sec. 5120.66. (A) Within ninety days after November 23, | 9437 |
2005, but not before January 1, 2006, the department of | 9438 |
rehabilitation and correction shall establish and operate on the | 9439 |
internet a database that contains all of the following: | 9440 |
(1) For each inmate in the custody of the department under a | 9441 |
sentence imposed for a conviction of or plea of guilty to any | 9442 |
offense, all of the following information: | 9443 |
(a) The inmate's name; | 9444 |
(b) For each offense for which the inmate was sentenced to a | 9445 |
prison term or term of imprisonment and is in the department's | 9446 |
custody, the name of the offense, the Revised Code section of | 9447 |
which the offense is a violation, the gender of each victim of the | 9448 |
offense if those facts are known, whether each victim of the | 9449 |
offense was an adult or child if those facts are known, the range | 9450 |
of the possible prison terms or term of imprisonment that could | 9451 |
have been imposed for the offense, the actual prison term or term | 9452 |
of imprisonment imposed for the offense, the county in which the | 9453 |
offense was committed, the date on which the inmate began serving | 9454 |
the prison term or term of imprisonment imposed for the offense, | 9455 |
and either the date on which the inmate will be eligible for | 9456 |
parole relative to the offense if the prison term or term of | 9457 |
imprisonment is an indefinite term or life term or the date on | 9458 |
which the term ends if the prison term is a definite term; | 9459 |
(c) All of the following information that is applicable | 9460 |
regarding the inmate: | 9461 |
(i) If known to the department prior to the conduct of any | 9462 |
hearing for judicial release of the defendant pursuant to section | 9463 |
2929.20 of the Revised Code in relation to any prison term or term | 9464 |
of imprisonment the inmate is serving for any offense or any | 9465 |
hearing for release of the defendant pursuant to section 2967.19 | 9466 |
of the Revised Code in relation to any such term, notice of the | 9467 |
fact that the inmate will be having a hearing regarding a | 9468 |
possible grant of judicial release or release, the date of the | 9469 |
hearing, and the right of any person pursuant to division (J) of | 9470 |
9471 | |
Revised Code, whichever is applicable, to submit to the court a | 9472 |
written statement regarding the possible
judicial release | 9473 |
release. The department also shall post notice of the filing of | 9474 |
any petition for release of the inmate pursuant to section 2967.19 | 9475 |
of the Revised Code, as required by division (D) of that section. | 9476 |
(ii) If the inmate is serving a prison term pursuant to | 9477 |
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), | 9478 |
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised | 9479 |
Code, prior to the conduct of any hearing pursuant to section | 9480 |
2971.05 of the Revised Code to determine whether to modify the | 9481 |
requirement that the inmate serve the entire prison term in a | 9482 |
state correctional facility in accordance with division (C) of | 9483 |
that section, whether to continue, revise, or revoke any existing | 9484 |
modification of that requirement, or whether to terminate the | 9485 |
prison term in accordance with division (D) of that section, | 9486 |
notice of the fact that the inmate will be having a hearing | 9487 |
regarding those determinations and of the date of the hearing; | 9488 |
(iii) At least three weeks before the adult parole authority | 9489 |
recommends a pardon or commutation of sentence for the inmate or | 9490 |
at least three weeks prior to a hearing before the adult parole | 9491 |
authority regarding a grant of parole to the inmate in relation to | 9492 |
any prison term or term of imprisonment the inmate is serving for | 9493 |
any offense, notice of the fact that the inmate might be under | 9494 |
consideration for a pardon or commutation of sentence or will be | 9495 |
having a hearing regarding a possible grant of parole, of the date | 9496 |
of any hearing regarding a possible grant of parole, and of the | 9497 |
right of any person to submit a written statement regarding the | 9498 |
pending action; | 9499 |
(iv) At least three weeks before the inmate is transferred to | 9500 |
transitional control under section 2967.26 of the Revised Code | 9501 |
in relation to any prison term or term of imprisonment the | 9502 |
inmate is serving for any offense, notice of the pendency of the | 9503 |
transfer, of the date of the possible transfer, and of the right | 9504 |
of any person to submit a statement regarding the possible | 9505 |
transfer; | 9506 |
(v) Prompt notice of the inmate's escape from any facility in | 9507 |
which the inmate was incarcerated and of the capture of the inmate | 9508 |
after an escape; | 9509 |
(vi) Notice of the inmate's death while in confinement; | 9510 |
(vii) Prior to the release of the inmate from confinement, | 9511 |
notice of the fact that the inmate will be released, of the date | 9512 |
of the release, and, if applicable, of the standard terms and | 9513 |
conditions of the release; | 9514 |
(viii) Notice of the inmate's judicial release pursuant to | 9515 |
section 2929.20 of the Revised Code or release pursuant to section | 9516 |
2967.19 of the Revised Code. | 9517 |
(2) Information as to where a person can send written | 9518 |
statements of the types referred to in divisions (A)(1)(c)(i), | 9519 |
(iii), and (iv) of this section. | 9520 |
(B)(1) The department shall update the database required | 9521 |
under division (A) of this section every twenty-four hours to | 9522 |
ensure that the information it contains is accurate and current. | 9523 |
(2) The database required under division (A) of this section | 9524 |
is a public record open for inspection under section 149.43 of the | 9525 |
Revised Code. The department shall make the database searchable by | 9526 |
inmate name and by the county and zip code where the offender | 9527 |
intends to reside after release from a state correctional | 9528 |
institution if this information is known to the department. | 9529 |
(3) The database required under division (A) of this section | 9530 |
may contain information regarding inmates who are listed in the | 9531 |
database in addition to the information described in that | 9532 |
division. | 9533 |
(4) No information included on the database required under | 9534 |
division (A) of this section shall identify or enable the | 9535 |
identification of any victim of any offense committed by an | 9536 |
inmate. | 9537 |
(C) The failure of the department to comply with the | 9538 |
requirements of division (A) or (B) of this section does not give | 9539 |
any rights or any grounds for appeal or post-conviction relief to | 9540 |
any inmate. | 9541 |
(D) This section, and the related provisions of sections | 9542 |
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted | 9543 |
in the act in which this section was enacted, shall be known as | 9544 |
"Laura's Law." | 9545 |
Sec. 5149.01. As used in Chapter 5149. of the Revised Code: | 9546 |
(A) "Authority" means the adult parole authority created by | 9547 |
section 5149.02 of the Revised Code. | 9548 |
(B) "State correctional institution," "pardon," | 9549 |
"commutation," "reprieve," "parole," "head of a state correctional | 9550 |
institution," "convict," "prisoner," "parolee," "final release," | 9551 |
and "parole violator" have the same meanings as in section 2967.01 | 9552 |
of the Revised Code. | 9553 |
(C) "Full board hearing" means a parole board hearing | 9554 |
conducted
by a | 9555 |
described in section 5149.101 of the Revised Code. | 9556 |
Sec. 5149.10. (A)(1) The parole board shall consist of up | 9557 |
to twelve members, one of whom shall be designated as chairperson | 9558 |
by the director of the department of rehabilitation and correction | 9559 |
and who shall continue as chairperson until a successor is | 9560 |
designated, and any other personnel that are necessary for the | 9561 |
orderly performance of the duties of the board. In addition to the | 9562 |
rules authorized by section 5149.02 of the Revised Code, the chief | 9563 |
of the adult parole authority, subject to the approval of the | 9564 |
chief of the division of parole and community services and subject | 9565 |
to this section, shall adopt rules governing the proceedings of | 9566 |
the parole board. The rules shall provide for the convening of | 9567 |
full board hearings, the procedures to be followed in full board | 9568 |
hearings, and general procedures to be followed in other hearings | 9569 |
of the board and by the board's hearing officers. The rules also | 9570 |
shall require agreement by a majority of all the board members to | 9571 |
any recommendation of clemency transmitted to the governor. | 9572 |
(2) When the board members sit as a full board, the | 9573 |
chairperson shall preside. The chairperson shall also allocate the | 9574 |
work of the parole board among the board members. The full board | 9575 |
shall meet at least once each month. In the case of a tie vote on | 9576 |
the full board, the chief of the adult parole authority shall | 9577 |
cast the deciding vote. The chairperson may designate a person to | 9578 |
serve in the chairperson's place. | 9579 |
(3)(a) Except for the chairperson, except for the member | 9580 |
appointed under division (B) of this section, and except as | 9581 |
otherwise provided in division (A)(3)(b) of this section, a | 9582 |
member appointed to the parole board shall be appointed to a | 9583 |
six-year term. A member shall hold office from the date of | 9584 |
appointment until the end of the term for which the member was | 9585 |
appointed. A member is eligible for reappointment for another | 9586 |
six-year term that may or may not be consecutive to the first | 9587 |
six-year term. A member is not eligible for reappointment after | 9588 |
serving two six-year terms whether or not served consecutively. | 9589 |
Vacancies shall be filled in the same manner provided for | 9590 |
original appointments. Any member appointed under this division | 9591 |
to fill a vacancy occurring prior to the expiration date of the | 9592 |
term for which the member's predecessor was appointed shall begin | 9593 |
that member's first six-year term upon appointment, regardless of | 9594 |
the time remaining in the term of the member's predecessor. A | 9595 |
member appointed under this division shall continue in office | 9596 |
subsequent to the expiration date of the member's term until the | 9597 |
member's successor takes office or until a period of sixty days | 9598 |
has elapsed, whichever occurs first. | 9599 |
(b) A member of the parole board on the effective date of | 9600 |
this amendment who has served on the board less than six years | 9601 |
shall have the time so served applied toward a six-year term and | 9602 |
at the end of that six-year term shall be eligible for | 9603 |
reappointment to an additional six-year term. A member of the | 9604 |
parole board on the effective date of this amendment who has | 9605 |
served on the board at least six years but less than twelve years | 9606 |
shall have six of the years so served applied toward the first | 9607 |
six-year term and the remaining time so served applied toward a | 9608 |
second six-year term, shall serve the remainder of that second | 9609 |
six-year term, and at the end of that second six-year term shall | 9610 |
not be eligible for reappointment. A member of the parole board on | 9611 |
the effective date of this amendment who has served on the board | 9612 |
twelve years or longer shall serve until a successor member is | 9613 |
appointed or a period of six months after the effective date of | 9614 |
this amendment has elapsed, whichever occurs first, and after the | 9615 |
end of that service shall be eligible for reappointment to an | 9616 |
additional six-year term. | 9617 |
(4) Except as otherwise provided in division (B) of this | 9618 |
section, no person shall be appointed a member of the board who is | 9619 |
not qualified by education or experience in correctional work, | 9620 |
including law enforcement, prosecution of offenses, advocating for | 9621 |
the rights of victims of crime, probation, or parole, in law, in | 9622 |
social work, or in a combination of the three categories. | 9623 |
(B) The director of rehabilitation and correction, in | 9624 |
consultation with the governor, shall appoint one member of the | 9625 |
board, who shall be a person who has been a victim of crime or who | 9626 |
is a member of a victim's family or who represents an organization | 9627 |
that advocates for the rights of victims of crime. After | 9628 |
appointment, this member shall be an unclassified employee of the | 9629 |
department of rehabilitation and correction. | 9630 |
The initial appointment shall be for a term ending four years | 9631 |
after July 1, 1996. Thereafter, the term of office of the member | 9632 |
appointed under this division shall be for four years, with each | 9633 |
term ending on the same day of the same month as did the term | 9634 |
that it succeeds. The member shall hold office from the date of | 9635 |
appointment until the end of the term for which the member was | 9636 |
appointed and may be reappointed. Vacancies shall be filled in | 9637 |
the manner provided for original appointments. Any member | 9638 |
appointed under this division to fill a vacancy occurring prior | 9639 |
to the expiration date of the term for which the member's | 9640 |
predecessor was appointed shall hold office as a member for the | 9641 |
remainder of that term. The member appointed under this division | 9642 |
shall continue in office subsequent to the expiration date of the | 9643 |
member's term until the member's successor takes office or until | 9644 |
a period of sixty days has elapsed, whichever occurs first. | 9645 |
The member appointed under this division shall be compensated | 9646 |
in the same manner as other board members and shall be reimbursed | 9647 |
for actual and necessary expenses incurred in the performance of | 9648 |
the members' duties. The member may vote on all cases heard by the | 9649 |
full board under section 5149.101 of the Revised Code, has such | 9650 |
duties as are assigned by the chairperson of the board, and shall | 9651 |
coordinate the member's activities with the office of victims' | 9652 |
services created under section 5120.60 of the Revised Code. | 9653 |
As used in this division, "crime," "member of the victim's | 9654 |
family," and "victim" have the meanings given in section 2930.01 | 9655 |
of the Revised Code. | 9656 |
(C) The chairperson shall submit all recommendations for or | 9657 |
against clemency directly to the governor. | 9658 |
(D) The chairperson shall transmit to the chief of the adult | 9659 |
parole authority all determinations for or against parole made by | 9660 |
the board. Parole determinations are final and are not subject to | 9661 |
review or change by the chief. | 9662 |
(E) In addition to its duties pertaining to parole and | 9663 |
clemency, if an offender is sentenced to a prison term pursuant to | 9664 |
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), | 9665 |
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised | 9666 |
Code, the parole board shall have control over the offender's | 9667 |
service of the prison term during the entire term unless the board | 9668 |
terminates its control in accordance with section 2971.04 of the | 9669 |
Revised Code. The parole board may terminate its control over the | 9670 |
offender's service of the prison term only in accordance with | 9671 |
section 2971.04 of the Revised Code. | 9672 |
Sec. 5149.33. No municipal corporation, county, or group of | 9673 |
counties receiving a subsidy under division (A) of section 5149.31 | 9674 |
of the Revised Code shall reduce, by the amount of the subsidy it | 9675 |
receives or by a greater or lesser amount, the amount of local, | 9676 |
nonfederal funds it expends for corrections, including, but not | 9677 |
limited to, the amount of local, nonfederal funds it expends for | 9678 |
the operation of the county, multicounty, municipal, | 9679 |
municipal-county, or multicounty-municipal jail or workhouse, for | 9680 |
any county or municipal probation department, or for any community | 9681 |
corrections program. Each subsidy shall be used to make | 9682 |
corrections expenditures in excess of those being made from local, | 9683 |
nonfederal funds. No subsidy or portion of a subsidy shall be used | 9684 |
to make capital improvements. If a recipient violates this | 9685 |
section, the department of
rehabilitation and correction | 9686 |
discontinue subsidy payments to the recipient. | 9687 |
Sec. 5149.34. (A)(1) If a county desires to receive a | 9688 |
subsidy from a subsidy program established under division (A) of | 9689 |
section 5149.31 of the Revised Code for community corrections | 9690 |
programs as described in division (B) of that section, the board | 9691 |
of county commissioners of the county shall establish, by a | 9692 |
resolution as described in this division, and maintain a local | 9693 |
corrections planning board that, except as provided in division | 9694 |
(A)(2) of this section, shall include an administrator of a | 9695 |
county, multicounty, municipal, municipal-county, or | 9696 |
multicounty-municipal jail or workhouse
located in the county | 9697 |
county commissioner of that county | 9698 |
common pleas of that county | 9699 |
county court of that county | 9700 |
primarily involves the representation of
criminal defendants | 9701 |
chief law enforcement officer of the largest municipal corporation | 9702 |
located in the county | 9703 |
prosecutors, as defined in section 2935.01
of the Revised Code | 9704 |
the executive director of the board of alcohol, drug addiction, | 9705 |
and mental health services serving that county or the executive | 9706 |
director's designee, or the executive directors of both the | 9707 |
community mental health board and the alcohol and drug addiction | 9708 |
services board serving that county or their designees, whichever | 9709 |
is applicable; the executive director of the county board of | 9710 |
mental retardation and developmental disabilities of that county | 9711 |
or the executive director's designee; an administrator of a | 9712 |
halfway house serving that county, if any, or the administrator's | 9713 |
designee; an administrator of a community-based correctional | 9714 |
facility, if any, serving the court of common pleas of that county | 9715 |
or the administrator's designee; an administrator of a community | 9716 |
corrections act-funded program in that county, if any, or the | 9717 |
administrator's designee; one or more representatives of the | 9718 |
public,
one
of whom shall be a victim of crime | 9719 |
additional representatives
of the law enforcement
community | 9720 |
or more additional representatives of the
judiciary | 9721 |
additional representatives of the field of
corrections | 9722 |
officials from the largest municipal corporation located in the | 9723 |
county. A majority of the members of the board shall be employed | 9724 |
in the adult criminal justice field. At least two members of the | 9725 |
board shall be members of the largest racial minority population, | 9726 |
if any, in the county, and at least two other members of the board | 9727 |
shall be women. The resolution shall state the number and nature | 9728 |
of the members, the duration of their terms, the manner of filling | 9729 |
vacancies on the board, and the compensation, if any, that members | 9730 |
are to receive. The board of county commissioners also may | 9731 |
specify, as part of the resolution, any other duties the local | 9732 |
corrections planning board is to assume. | 9733 |
(2) If, for good cause shown, including, but not limited to, | 9734 |
the refusal of a specified individual to serve on a local | 9735 |
corrections planning board, a particular county is not able to | 9736 |
satisfy the requirements specified in division (A)(1) of this | 9737 |
section for the composition of such a board, the director of | 9738 |
rehabilitation and correction may waive the requirements to the | 9739 |
extent necessary and approve a composition for the board that | 9740 |
otherwise is consistent with the requirements. | 9741 |
(B) Each local corrections planning board established | 9742 |
pursuant to division (A) of this section shall adopt within | 9743 |
eighteen months after its establishment, and from time to time | 9744 |
shall revise, a comprehensive plan for the development, | 9745 |
implementation, and operation of corrections services in the | 9746 |
county. The plan shall be adopted and revised after consideration | 9747 |
has been given to the impact that it will have or has had on the | 9748 |
populations of state correctional institutions and county, | 9749 |
multicounty, municipal, municipal-county, or multicounty-municipal | 9750 |
jails or workhouses in the county, and shall be designed to unify | 9751 |
or coordinate corrections services in the county and to reduce the | 9752 |
number of persons committed, consistent with the standards adopted | 9753 |
under division (B) of section 5149.31 of the Revised Code, from | 9754 |
that county to state correctional institutions and to county, | 9755 |
multicounty, municipal, municipal-county, or multicounty-municipal | 9756 |
jails or workhouses. The plan and any revisions to the plan shall | 9757 |
be submitted to the board of county commissioners of the county in | 9758 |
which the local corrections planning board is located for | 9759 |
approval. | 9760 |
If a county has a community-based correctional facility and | 9761 |
program established in accordance with sections 2301.51 to 2301.58 | 9762 |
of the Revised Code, the budgets of the facility and program shall | 9763 |
not be subject to approval by the local corrections planning | 9764 |
board, but instead shall continue to be determined in accordance | 9765 |
with those sections. However, the local corrections planning board | 9766 |
shall include the facility and program as part of the | 9767 |
comprehensive plan adopted and revised pursuant to this division. | 9768 |
(C) As used in this section, "halfway house" and | 9769 |
"community-based correctional facility" have the same meanings as | 9770 |
in section 2929.01 of the Revised Code. | 9771 |
Section 2. That existing sections 109.42, 307.93, 309.18, | 9772 |
926.99, 1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05, | 9773 |
2909.11, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 9774 |
2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, | 9775 |
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, | 9776 |
2915.05, 2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34, | 9777 |
2921.41, 2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01, | 9778 |
2929.13, 2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17, | 9779 |
2950.99, 2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07, | 9780 |
4507.51, 5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66, | 9781 |
5149.01, 5149.10, 5149.33, and 5149.34 of the Revised Code are | 9782 |
hereby repealed. | 9783 |
Section 3. The amendment of section 5120.07 of the Revised | 9784 |
Code by Sections 1 and 2 of this act is not intended to supersede | 9785 |
the earlier repeal of that section, with the delayed effective | 9786 |
date of December 31, 2011. | 9787 |
Section 4. The amendments to sections 2925.01, 2925.03, | 9788 |
2925.05, and 2925.11 of the Revised Code, and to division (W) of | 9789 |
section 2929.01 of the Revised Code, that are made in this act | 9790 |
apply to a person who commits an offense involving marihuana, | 9791 |
cocaine, or hashish on or after the effective date of this act and | 9792 |
to a person to whom division (B) of section 1.58 of the Revised | 9793 |
Code makes the amendments applicable. | 9794 |
The provisions of sections 2925.01, 2925.03, 2925.05, and | 9795 |
2925.11 of the Revised Code, and of division (W) of section | 9796 |
2929.01 of the Revised Code, in existence prior to the effective | 9797 |
date of this act shall apply to a person upon whom a court imposed | 9798 |
sentence prior to the effective date of this act for an offense | 9799 |
involving marihuana, cocaine, or hashish. The amendments to | 9800 |
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised | 9801 |
Code, and to division (W) of section 2929.01 of the Revised Code, | 9802 |
that are made in this act do not apply to a person upon whom a | 9803 |
court imposed sentence prior to the effective date of this act | 9804 |
for an offense involving marihuana, cocaine, or hashish. | 9805 |
Section 5. The amendments to sections 926.99, 1333.99, | 9806 |
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, | 9807 |
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, | 9808 |
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, | 9809 |
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, | 9810 |
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised | 9811 |
Code that are made in this act apply to a person who commits an | 9812 |
offense specified or penalized under those sections on or after | 9813 |
the effective date of this section and to a person to whom | 9814 |
division (B) of section 1.58 of the Revised Code makes the | 9815 |
amendment applicable. | 9816 |
The provisions of sections 926.99, 1333.99, 1707.99, 1716.99, | 9817 |
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11, | 9818 |
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42, | 9819 |
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, | 9820 |
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13, | 9821 |
2921.41, 2923.31, and 2981.07 of the Revised Code in existence | 9822 |
prior to the effective date of this section shall apply to a | 9823 |
person upon whom a court imposed sentence prior to the effective | 9824 |
date of this section for an offense specified or penalized under | 9825 |
those sections. The amendments to sections 926.99, 1333.99, | 9826 |
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, | 9827 |
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, | 9828 |
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, | 9829 |
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, | 9830 |
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised | 9831 |
Code that are made in this section do not apply to a person | 9832 |
who upon whom a court imposed sentence prior to the effective | 9833 |
date of this section for an offense specified or penalized | 9834 |
under those sections. | 9835 |
Section 6. Section 1716.99 of the Revised Code is presented | 9836 |
in this act as a composite of the section as amended by both Am. | 9837 |
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly. | 9838 |
Section 2913.46 of the Revised Code is presented in this act as a | 9839 |
composite of the section as amended by Am. Sub. S.B. 107, Am. Sub. | 9840 |
S.B. 269, and Am. Sub. S.B. 293, all of the 121st General | 9841 |
Assembly. Section 2917.21 of the Revised Code is presented in this | 9842 |
act as a composite of the section as amended by both Am. Sub. H.B. | 9843 |
565 and Sub. S.B. 215 of the 122nd General Assembly. Sections | 9844 |
2929.01, 2929.13, and 2929.14 of the Revised Code are presented in | 9845 |
this act as composites of the sections as amended by both Am. Sub. | 9846 |
H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly. | 9847 |
Section 2929.20 of the Revised Code is presented in this act as a | 9848 |
composite of the section as amended by both Am. Sub. H.B. 130 and | 9849 |
Sub. S.B. 108 of the 127th General Assembly. Section 2967.193 of | 9850 |
the Revised Code is presented in this act as a composite of the | 9851 |
section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B. 180 | 9852 |
of the 121st General Assembly. The General Assembly, applying the | 9853 |
principle stated in division (B) of section 1.52 of the Revised | 9854 |
Code that amendments are to be harmonized if reasonably capable of | 9855 |
simultaneous operation, finds that the composites are the | 9856 |
resulting versions of the sections in effect prior to the | 9857 |
effective date of the sections as presented in this act. | 9858 |