Section 1. That sections 181.25, 2947.23, 2949.091, and | 12 |
2953.08 be amended and sections 1901.263, 1905.38, 1907.25, | 13 |
1925.151, 2101.165, 2151.542, 2303.23, 2501.161, and 2503.18 of | 14 |
the Revised Code be enacted to read as follows: | 15 |
(ii) The fiscal and other impact of the law in effect on and | 37 |
after July 1, 1996, on political subdivisions and other relevant | 38 |
aspects of local government in this state, including law | 39 |
enforcement agencies, the court system, prosecutors, as defined in | 40 |
section 2935.01 of the Revised Code, the public defender and | 41 |
assigned counsel system, jails and workhouses, probation | 42 |
departments, the drug and alcohol abuse intervention and treatment | 43 |
system, and the mental health intervention and treatment system. | 44 |
(b) The impact of the sentencing structure in effect on and | 45 |
after July 1, 1996, on the population of state correctional | 46 |
institutions, including information regarding the number and types | 47 |
of offenders who are being imprisoned under the law in effect on | 48 |
and after July 1, 1996, and the amount of space in state | 49 |
correctional institutions that is necessary to house those | 50 |
offenders; | 51 |
(c) The impact of the sentencing structure and the sentence | 52 |
appeal provisions in effect on and after July 1, 1996, on the | 53 |
appellate courts of this state, including information regarding | 54 |
the number of sentence-based appeals, the cost of reviewing | 55 |
appeals of that nature, whether a special court should be created | 56 |
to review sentences, and whether changes should be made to ensure | 57 |
that sentence-based appeals are conducted expeditiously. | 58 |
(3) Review all bills that are introduced in the general | 59 |
assembly that provide for new criminal offenses or that change the | 60 |
penalty for any criminal offense, determine if those bills are | 61 |
consistent with the sentencing policy adopted under division (B) | 62 |
of section 181.23 of the Revised Code, determine the impact of | 63 |
those bills upon the correctional resources of the state, and | 64 |
recommend to the general assembly any necessary amendments to | 65 |
those bills. When the commission recommends any amendment for a | 66 |
bill before the general assembly, it shall do so in a manner that | 67 |
is consistent with the requirements of section 181.24 of the | 68 |
Revised Code. | 69 |
(5) Collect and maintain data that pertains to the cost to | 75 |
counties of the felony sentence appeal provisions set forth in | 76 |
section 2953.08 of the Revised Code, of the postconviction relief | 77 |
proceeding provisions set forth in division (A)(2) of section | 78 |
2953.21 of the Revised Code, and of appeals from judgments entered | 79 |
in such postconviction relief proceedings. The data so collected | 80 |
and maintained shall include, but shall not be limited to, the | 81 |
increase in expenses that counties experience as a result of those | 82 |
provisions and those appeals and the number of felony sentence | 83 |
appeals made, postconviction relief proceedings filed, and appeals | 84 |
of postconviction relief proceeding judgments made in each county | 85 |
under those provisions. The commission periodically shall provide | 86 |
to the felony sentence appeal cost oversight committee, in | 87 |
accordance with division (I) of section 2953.08 of the Revised | 88 |
Code, all data the commission collects pursuant to this division. | 89 |
Sec. 2947.23. (A)(1) In all criminal cases, including | 132 |
violations of ordinances, the judge or magistrate shall include in | 133 |
the sentence the costs of prosecution, including any costs under | 134 |
section 2947.231 of the Revised Code, and render a judgment | 135 |
against the defendant for such costs. At the timeIf the judge or | 136 |
magistrate imposes sentencea community control sanction or other | 137 |
nonresidential sanction, the judge or magistrate, when imposing | 138 |
the sanction, shall notify the defendant of both of the following: | 139 |
(B) If a judge or magistrate has reason to believe that a | 163 |
defendant has failed to pay the judgment described in division (A) | 164 |
of this section or has failed to timely make payments towards that | 165 |
judgment under a payment schedule approved by the judge or | 166 |
magistrate, the judge or magistrate shall hold a hearing to | 167 |
determine whether to order the offender to perform community | 168 |
service for that failure. The judge or magistrate shall notify | 169 |
both the defendant and the prosecuting attorney of the place, | 170 |
time, and date of the hearing and shall give each an opportunity | 171 |
to present evidence. If, after the hearing, the judge or | 172 |
magistrate determines that the defendant has failed to pay the | 173 |
judgment or to timely make payments under the payment schedule and | 174 |
that imposition of community service for the failure is | 175 |
appropriate, the judge or magistrate may order the offender to | 176 |
perform community service in an amount of not more than forty | 177 |
hours per month until the judgment is paid or until the judge or | 178 |
magistrate is satisfied that the offender is in compliance with | 179 |
the approved payment schedule. If the judge or magistrate orders | 180 |
the defendant to perform community service under this division, | 181 |
the defendant shall receive credit upon the judgment at the | 182 |
specified hourly credit rate per hour of community service | 183 |
performed, and each hour of community service performed shall | 184 |
reduce the judgment by that amount. Except for the credit and | 185 |
reduction provided in this division, ordering an offender to | 186 |
perform community service under this division does not lessen the | 187 |
amount of the judgment and does not preclude the state from taking | 188 |
any other action to execute the judgment. | 189 |
(b) All moneys collected pursuant to division (A)(1)(a) of | 215 |
this section during a month shall be transmitted on or before the | 216 |
twentieth day of the following month by the clerk of the court to | 217 |
the treasurer of state and deposited by the treasurer of state to | 218 |
the credit of the indigent defense support fund established under | 219 |
section 120.08 of the Revised Code. The court shall not waive the | 220 |
payment of the additional thirty-, twenty-, or ten-dollar court | 221 |
costs, unless the court determines that the offender is indigent | 222 |
and waives the payment of all court costs imposed upon the | 223 |
indigent offender. | 224 |
(b) All moneys collected pursuant to division (A)(2)(a) of | 236 |
this section during a month shall be transmitted on or before the | 237 |
twentieth day of the following month by the clerk of the court to | 238 |
the treasurer of state and deposited by the treasurer of state to | 239 |
the credit of the indigent defense support fund established under | 240 |
section 120.08 of the Revised Code. The thirty-, twenty-, or | 241 |
ten-dollar court costs shall be collected in all cases unless the | 242 |
court determines the juvenile is indigent and waives the payment | 243 |
of all court costs, or enters an order on its journal stating that | 244 |
it has determined that the juvenile is indigent, that no other | 245 |
court costs are to be taxed in the case, and that the payment of | 246 |
the thirty-, twenty-, or ten-dollar court costs is waived. | 247 |
(B) Whenever a person is charged with any offense described | 248 |
in division (A)(1) of this section, the court shall add to the | 249 |
amount of the bail the thirty, twenty, or ten dollars required to | 250 |
be paid by division (A)(1) of this section. The thirty, twenty, or | 251 |
ten dollars shall be retained by the clerk of the court until the | 252 |
person is convicted, pleads guilty, forfeits bail, is found not | 253 |
guilty, or has the charges dismissed. If the person is convicted, | 254 |
pleads guilty, or forfeits bail, the clerk shall transmit the | 255 |
thirty, twenty, or ten dollars on or before the twentieth day of | 256 |
the month following the month in which the person was convicted, | 257 |
pleaded guilty, or forfeited bail to the treasurer of state, who | 258 |
shall deposit it to the credit of the indigent defense support | 259 |
fund established under section 120.08 of the Revised Code. If the | 260 |
person is found not guilty or the charges are dismissed, the clerk | 261 |
shall return the thirty, twenty, or ten dollars to the person. | 262 |
(2) The sentence consisted of or included a prison term, the | 288 |
offense for which it was imposed is a felony of the fourth or | 289 |
fifth degree or is a felony drug offense that is a violation of a | 290 |
provision of Chapter 2925. of the Revised Code and that is | 291 |
specified as being subject to division (B) of section 2929.13 of | 292 |
the Revised Code for purposes of sentencing, and the court did not | 293 |
specify at sentencing that it found one or more factors specified | 294 |
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised | 295 |
Code to apply relative to the defendant. If the court specifies | 296 |
that it found one or more of those factors to apply relative to | 297 |
the defendant, the defendant is not entitled under this division | 298 |
to appeal as a matter of right the sentence imposed upon the | 299 |
offender. | 300 |
(3) The person was convicted of or pleaded guilty to a | 301 |
violent sex offense or a designated homicide, assault, or | 302 |
kidnapping offense, was adjudicated a sexually violent predator in | 303 |
relation to that offense, and was sentenced pursuant to division | 304 |
(A)(3) of section 2971.03 of the Revised Code, if the minimum term | 305 |
of the indefinite term imposed pursuant to division (A)(3) of | 306 |
section 2971.03 of the Revised Code is the longest term available | 307 |
for the offense from among the range of terms listed in section | 308 |
2929.14 of the Revised Code. As used in this division, "designated | 309 |
homicide, assault, or kidnapping offense" and "violent sex | 310 |
offense" have the same meanings as in section 2971.01 of the | 311 |
Revised Code. As used in this division, "adjudicated a sexually | 312 |
violent predator" has the same meaning as in section 2929.01 of | 313 |
the Revised Code, and a person is "adjudicated a sexually violent | 314 |
predator" in the same manner and the same circumstances as are | 315 |
described in that section. | 316 |
(B) In addition to any other right to appeal and except as | 321 |
provided in division (D) of this section, a prosecuting attorney, | 322 |
a city director of law, village solicitor, or similar chief legal | 323 |
officer of a municipal corporation, or the attorney general, if | 324 |
one of those persons prosecuted the case, may appeal as a matter | 325 |
of right a sentence imposed upon a defendant who is convicted of | 326 |
or pleads guilty to a felony or, in the circumstances described in | 327 |
division (B)(3) of this section the modification of a sentence | 328 |
imposed upon such a defendant, on any of the following grounds: | 329 |
(C)(1) In addition to the right to appeal a sentence granted | 338 |
under division (A) or (B) of this section, a defendant who is | 339 |
convicted of or pleads guilty to a felony may seek leave to appeal | 340 |
a sentence imposed upon the defendant on the basis that the | 341 |
sentencing judge has imposed consecutive sentences under division | 342 |
(C)(3) of section 2929.14 of the Revised Code and that the | 343 |
consecutive sentences exceed the maximum prison term allowed by | 344 |
division (A) of that section for the most serious offense of which | 345 |
the defendant was convicted. Upon the filing of a motion under | 346 |
this division, the court of appeals may grant leave to appeal the | 347 |
sentence if the court determines that the allegation included as | 348 |
the basis of the motion is true. | 349 |
(2) Except as provided in division (C)(2) of this section, a | 359 |
sentence imposed upon a defendant is not subject to review under | 360 |
this section if the sentence is imposed pursuant to division | 361 |
(B)(2)(b) of section 2929.14 of the Revised Code. Except as | 362 |
otherwise provided in this division, a defendant retains all | 363 |
rights to appeal as provided under this chapter or any other | 364 |
provision of the Revised Code. A defendant has the right to appeal | 365 |
under this chapter or any other provision of the Revised Code the | 366 |
court's application of division (B)(2)(c) of section 2929.14 of | 367 |
the Revised Code. | 368 |
(E) A defendant, prosecuting attorney, city director of law, | 372 |
village solicitor, or chief municipal legal officer shall file an | 373 |
appeal of a sentence under this section to a court of appeals | 374 |
within the time limits specified in Rule 4(B) of the Rules of | 375 |
Appellate Procedure, provided that if the appeal is pursuant to | 376 |
division (B)(3) of this section, the time limits specified in that | 377 |
rule shall not commence running until the court grants the motion | 378 |
that makes the sentence modification in question. A sentence | 379 |
appeal under this section shall be consolidated with any other | 380 |
appeal in the case. If no other appeal is filed, the court of | 381 |
appeals may review only the portions of the trial record that | 382 |
pertain to sentencing. | 383 |
(1) Any presentence, psychiatric, or other investigative | 387 |
report that was submitted to the court in writing before the | 388 |
sentence was imposed. An appellate court that reviews a | 389 |
presentence investigation report prepared pursuant to section | 390 |
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 391 |
connection with the appeal of a sentence under this section shall | 392 |
comply with division (D)(3) of section 2951.03 of the Revised Code | 393 |
when the appellate court is not using the presentence | 394 |
investigation report, and the appellate court's use of a | 395 |
presentence investigation report of that nature in connection with | 396 |
the appeal of a sentence under this section does not affect the | 397 |
otherwise confidential character of the contents of that report as | 398 |
described in division (D)(1) of section 2951.03 of the Revised | 399 |
Code and does not cause that report to become a public record, as | 400 |
defined in section 149.43 of the Revised Code, following the | 401 |
appellate court's use of the report. | 402 |
(G)(1) If the sentencing court was required to make the | 411 |
findings required by division (B) or (D) of section 2929.13 or | 412 |
division (I) of section 2929.20 of the Revised Code, or to state | 413 |
the findings of the trier of fact required by division (B)(2)(e) | 414 |
of section 2929.14 of the Revised Code, relative to the imposition | 415 |
or modification of the sentence, and if the sentencing court | 416 |
failed to state the required findings on the record, the court | 417 |
hearing an appeal under division (A), (B), or (C) of this section | 418 |
shall remand the case to the sentencing court and instruct the | 419 |
sentencing court to state, on the record, the required findings. | 420 |
The appellate court may increase, reduce, or otherwise modify | 425 |
a sentence that is appealed under this section or may vacate the | 426 |
sentence and remand the matter to the sentencing court for | 427 |
resentencing. The appellate court's standard for review is not | 428 |
whether the sentencing court abused its discretion. The appellate | 429 |
court may take any action authorized by this division if it | 430 |
clearly and convincingly finds either of the following: | 431 |
(I)(1) There is hereby established the felony sentence appeal | 440 |
cost oversight committee, consisting of eight members. One member | 441 |
shall be the chief justice of the supreme court or a | 442 |
representative of the court designated by the chief justice, one | 443 |
member shall be a member of the senate appointed by the president | 444 |
of the senate, one member shall be a member of the house of | 445 |
representatives appointed by the speaker of the house of | 446 |
representatives, one member shall be the director of budget and | 447 |
management or a representative of the office of budget and | 448 |
management designated by the director, one member shall be a judge | 449 |
of a court of appeals, court of common pleas, municipal court, or | 450 |
county court appointed by the chief justice of the supreme court, | 451 |
one member shall be the state public defender or a representative | 452 |
of the office of the state public defender designated by the state | 453 |
public defender, one member shall be a prosecuting attorney | 454 |
appointed by the Ohio prosecuting attorneys association, and one | 455 |
member shall be a county commissioner appointed by the county | 456 |
commissioners association of Ohio. No more than three of the | 457 |
appointed members of the committee may be members of the same | 458 |
political party. | 459 |
The president of the senate, the speaker of the house of | 460 |
representatives, the chief justice of the supreme court, the Ohio | 461 |
prosecuting attorneys association, and the county commissioners | 462 |
association of Ohio shall make the initial appointments to the | 463 |
committee of the appointed members no later than ninety days after | 464 |
July 1, 1996. Of those initial appointments to the committee, the | 465 |
members appointed by the speaker of the house of representatives | 466 |
and the Ohio prosecuting attorneys association shall serve a term | 467 |
ending two years after July 1, 1996, the member appointed by the | 468 |
chief justice of the supreme court shall serve a term ending three | 469 |
years after July 1, 1996, and the members appointed by the | 470 |
president of the senate and the county commissioners association | 471 |
of Ohio shall serve terms ending four years after July 1, 1996. | 472 |
Thereafter, terms of office of the appointed members shall be for | 473 |
four years, with each term ending on the same day of the same | 474 |
month as did the term that it succeeds. Members may be | 475 |
reappointed. Vacancies shall be filled in the same manner provided | 476 |
for original appointments. A member appointed to fill a vacancy | 477 |
occurring prior to the expiration of the term for which that | 478 |
member's predecessor was appointed shall hold office as a member | 479 |
for the remainder of the predecessor's term. An appointed member | 480 |
shall continue in office subsequent to the expiration date of that | 481 |
member's term until that member's successor takes office or until | 482 |
a period of sixty days has elapsed, whichever occurs first. | 483 |
If the chief justice of the supreme court, the director of | 484 |
the office of budget and management, or the state public defender | 485 |
serves as a member of the committee, that person's term of office | 486 |
as a member shall continue for as long as that person holds office | 487 |
as chief justice, director of the office of budget and management, | 488 |
or state public defender. If the chief justice of the supreme | 489 |
court designates a representative of the court to serve as a | 490 |
member, the director of budget and management designates a | 491 |
representative of the office of budget and management to serve as | 492 |
a member, or the state public defender designates a representative | 493 |
of the office of the state public defender to serve as a member, | 494 |
the person so designated shall serve as a member of the commission | 495 |
for as long as the official who made the designation holds office | 496 |
as chief justice, director of the office of budget and management, | 497 |
or state public defender or until that official revokes the | 498 |
designation. | 499 |
The chief justice of the supreme court or the representative | 500 |
of the supreme court appointed by the chief justice shall serve as | 501 |
chairperson of the committee. The committee shall meet within two | 502 |
weeks after all appointed members have been appointed and shall | 503 |
organize as necessary. Thereafter, the committee shall meet at | 504 |
least once every six months or more often upon the call of the | 505 |
chairperson or the written request of three or more members, | 506 |
provided that the committee shall not meet unless moneys have been | 507 |
appropriated to the judiciary budget administered by the supreme | 508 |
court specifically for the purpose of providing financial | 509 |
assistance to counties under division (I)(2) of this section and | 510 |
the moneys so appropriated then are available for that purpose. | 511 |
The members of the committee shall serve without | 512 |
compensation, but, if moneys have been appropriated to the | 513 |
judiciary budget administered by the supreme court specifically | 514 |
for the purpose of providing financial assistance to counties | 515 |
under division (I)(2) of this section, each member shall be | 516 |
reimbursed out of the moneys so appropriated that then are | 517 |
available for actual and necessary expenses incurred in the | 518 |
performance of official duties as a committee member. | 519 |
(2) The state criminal sentencing commission periodically | 520 |
shall provide to the felony sentence appeal cost oversight | 521 |
committee all data the commission collects pursuant to division | 522 |
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the | 523 |
data from the state criminal sentencing commission, the felony | 524 |
sentence appeal cost oversight committee periodically shall review | 525 |
the data; determine whether any money has been appropriated to the | 526 |
judiciary budget administered by the supreme court specifically | 527 |
for the purpose of providing state financial assistance to | 528 |
counties in accordance with this division for the increase in | 529 |
expenses the counties experience as a result of the felony | 530 |
sentence appeal provisions set forth in this section or as a | 531 |
result of a postconviction relief proceeding brought under | 532 |
division (A)(2) of section 2953.21 of the Revised Code or an | 533 |
appeal of a judgment in that proceeding; if it determines that any | 534 |
money has been so appropriated, determine the total amount of | 535 |
moneys that have been so appropriated specifically for that | 536 |
purpose and that then are available for that purpose; and develop | 537 |
a recommended method of distributing those moneys to the counties. | 538 |
The committee shall send a copy of its recommendation to the | 539 |
supreme court. Upon receipt of the committee's recommendation, the | 540 |
supreme court shall distribute to the counties, based upon that | 541 |
recommendation, the moneys that have been so appropriated | 542 |
specifically for the purpose of providing state financial | 543 |
assistance to counties under this division and that then are | 544 |
available for that purpose. | 545 |