H. B. No. 533 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 533

Representatives Blessing, Heard

A BILL

To amend sections 307.932, 2152.12, 2152.121,

2152.52, 2152.56, 2152.59, 2301.27, 2301.271,

2921.331, 2925.03, 2925.04, 2929.01, 2929.14,

2929.19, 2929.26, 2929.41, 2951.022, 2953.08,

2961.22, 2967.03, 2967.05, 2967.14, 2967.19,

2967.191, 2967.193, 2967.26, 2967.28, 4511.091,

5120.036, 5120.66, and 5149.311 of the Revised

Code, to amend Section 5 of Am. Sub. H.B. 86 of

the 129th General Assembly, and to repeal section

2950.17 of the Revised Code to increase the time

limit for a prosecutor to file a motion in

juvenile court that objects to the imposition of a

serious youthful offender dispositional sentence;

to prohibit competency attainment reports and

juvenile bindover evaluation reports from

including details of the alleged offense as

reported by the child; to require juvenile

bindover evaluation reports to be completed within

forty-five days unless an extention is granted; to

require the Department of Youth Services to

develop minimum standards for training of juvenile

offender probation officers; to extend the

deadline for the Ohio Interagency Task Force on

Mental Health and Juvenile Justice to issue a

report of its findings and recommendations; to

revise the penalties for certain fifth degree

felony drug offenses to generally favor not

imposing a prison term; to remove the prohibition

for a convicted sex offender to possess a

photograph of the offender's victim while the

offender is serving a term of confinement for that

offense; to remove the prohibition for a

child-victim offender to possess a photograph of

any minor child while the child-victim offender is

serving a term of confinement for that offense; to

permit the judges of the various courts of the

state that supervise a concurrent supervision

offender to authorize the chief probation officer

to manage concurrent supervision offenders; to

remove the prohibition on the arrest, charging, or

conviction of a person for speeding based on a

peace officer's unaided visual estimation of the

speed of the vehicle; to expand the availability

of the probation improvement and incentive grants

to municipal and county courts; to specify that

the Department of Rehabilitation and Correction

and Adult Parole Authority shall not be held

civilly liable for any claims arising out of a

certificate of achievement and employability; to

transfer control of the transitional control

program from the Adult Parole Authority to the

Division of Parole and Community Services; to

require courts and agencies to expunge the record

of a juvenile's conviction in adult court if the

case is transferred back to juvenile court; to

modify the definition of stated prison term

relative to a risk reduction sentence; to increase

the percentage of the amount appropriated to the

Department of Rehabilitation and Correction that

may be used for nonresidential services; to amend

the penalty for failure to comply with an order or

signal of a police officer; to eliminate the

requirement that a court sentencing a felony

offender provide notice of possible eligibility

for earning days of credit; revises the procedures

under the mechanism for the possible release of

certain Department of Rehabilitation and

Correction prisoners who serve 80% of their stated

prison term; and to require a sentencing court to

determine the days of credit an offender receives

for time served in relation to the offense and

provide for the correction of errors in the

determination.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 307.932, 2152.12, 2152.121,	74
2152.52, 2152.56, 2152.59, 2301.27, 2301.271, 2921.331, 2925.03,	75
2925.04, 2929.01, 2929.14, 2929.19, 2929.26, 2929.41, 2951.022,	76
2953.08, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19, 2967.191,	77
2967.193, 2967.26, 2967.28, 4511.091, 5120.036, 5120.66, and	78
5149.311 be amended to read as follows:	79

Sec. 307.932. (A) As used in this section:

(1) "Division of parole and community services" means the	81
division of parole and community services of the department of	82
rehabilitation and correction.	83

(2) "Eligible offender" means, in relation to a particular	84
community alternative sentencing center or district community	85
alternative sentencing center established and operated under	86
division (E) of this section, an offender who has been convicted	87
of or pleaded guilty to a qualifying misdemeanor offense, for whom	88
no provision of the Revised Code or ordinance of a municipal	89
corporation other than section 4511.19 of the Revised Code, both	90
section 4510.14 and 4511.19 of the Revised Code, or an ordinance	91
or ordinances of a municipal corporation that provide the	92
penalties for a municipal OVI offense or for both a municipal OVI	93
ordinance and a municipal DUS ordinance of the municipal	94
corporation requires the imposition of a mandatory jail term for	95
that qualifying misdemeanor offense, and who is eligible to be	96
sentenced directly to that center and admitted to it under rules	97
adopted under division (G) of this section by the board of county	98
commissioners or affiliated group of boards of county	99
commissioners that established and operates that center.	100

(3) "Municipal OVI offense" has the same meaning as in	101
section 4511.181 of the Revised Code.	102

(4) "OVI term of confinement" means a term of confinement	103
imposed for a violation of section 4511.19 of the Revised Code or	104
for a municipal OVI offense, including any mandatory jail term or	105
mandatory term of local incarceration imposed for that violation	106
or offense.	107

(5) "Community residential sanction" means a community	108
residential sanction imposed under section 2929.26 of the Revised	109
Code for a misdemeanor violation of a section of the Revised Code	110
or a term of confinement imposed for a misdemeanor violation of a	111
municipal ordinance that is not a jail term.	112

(6) "Qualifying misdemeanor offense" means a violation of any	113
section of the Revised Code that is a misdemeanor or a violation	114
of any ordinance of a municipal corporation located in the county	115
that is a misdemeanor.	116

(7) "Municipal DUS offense" means a violation of a municipal	117
ordinance that is substantially equivalent to section 4510.14 of	118
the Revised Code.	119

(B)(1) The board of county commissioners of any county, in	120
consultation with the sheriff of the county, may formulate a	121
proposal for a community alternative sentencing center that, upon	122
implementation by the county or being subcontracted to or operated	123
by a nonprofit organization, would be used for the confinement of	124
eligible offenders sentenced directly to the center by a court	125
located in the county pursuant to a community residential sanction	126
of not more than thirty days or pursuant to an OVI term of	127
confinement of not more than sixty days, and for the purpose of	128
closely monitoring those eligible offenders' adjustment to	129
community supervision. A board that formulates a proposal pursuant	130
to this division shall do so by resolution.	131

(2) The boards of county commissioners of two or more	132
adjoining or neighboring counties, in consultation with the	133
sheriffs of each of those counties, may affiliate and formulate by	134
resolution adopted by each of them a proposal for a district	135
community alternative sentencing center that, upon implementation	136
by the counties or being subcontracted to or operated by a	137
nonprofit organization, would be used for the confinement of	138
eligible offenders sentenced directly to the center by a court	139
located in any of those counties pursuant to a community	140
residential sanction of not more than thirty days or pursuant to	141
an OVI term of confinement of not more than sixty days, and for	142
the purpose of closely monitoring those eligible offenders'	143
adjustment to community supervision. Each board that affiliates	144
with one or more other boards to formulate a proposal pursuant to	145
this division shall formulate the proposal by resolution.	146

(C) Each proposal for a community alternative sentencing	147
center or a district community alternative sentencing center that	148
is formulated under division (B)(1) or (2) of this section shall	149
include proposals for operation of the center and for criteria to	150
define which offenders are eligible to be sentenced directly to	151
the center and admitted to it. At a minimum, the proposed criteria	152
that define which offenders are eligible to be sentenced directly	153
to the center and admitted to it shall provide all of the	154
following:	155

(1) That an offender is eligible to be sentenced directly to	156
the center and admitted to it if the offender has been convicted	157
of or pleaded guilty to a qualifying misdemeanor offense and is	158
sentenced directly to the center for the qualifying misdemeanor	159
offense pursuant to a community residential sanction of not more	160
than thirty days or pursuant to an OVI term of confinement of not	161
more than sixty days by a court that is located in the county or	162
one of the counties served by the board of county commissioners or	163
by any of the affiliated group of boards of county commissioners	164
that submits the proposal;	165

(2) That, except as otherwise provided in this division, no	166
offender is eligible to be sentenced directly to the center or	167
admitted to it if, in addition to the community residential	168
sanction or OVI term of confinement described in division (C)(1)	169
of this section, the offender is serving or has been sentenced to	170
serve any other jail term, prison term, or community residential	171
sanction. A mandatory jail term or electronic monitoring imposed	172
in lieu of a mandatory jail term for a violation of section	173
4511.19 of the Revised Code, for a municipal OVI offense, or for	174
either such offense and a similar offense that exceeds sixty days	175
of confinement shall not disqualify the offender from serving	176
sixty days of the mandatory jail term at the center.	177

(D) If a proposal for a community alternative sentencing	178
center or a district community alternative sentencing center that	179
is formulated under division (B)(1) or (2) of this section	180
contemplates the use of an existing facility, or a part of an	181
existing facility, as the center, nothing in this section limits,	182
restricts, or precludes the use of the facility, the part of the	183
facility, or any other part of the facility for any purpose other	184
than as a community alternative sentencing center or district	185
community alternative sentencing center.	186

(E) The establishment and operation of a community	187
alternative sentencing center or district community alternative	188
sentencing center may be done by subcontracting with a nonprofit	189
organization for the operation of the center.	190

If a board of county commissioners or an affiliated group of	191
boards of county commissioners establishes and operates a	192
community alternative sentencing center or district community	193
alternative sentencing center under this division, except as	194
otherwise provided in this division, the center is not a minimum	195
security jail under section 341.14, section 753.21, or any other	196
provision of the Revised Code, is not a jail or alternative	197
residential facility as defined in section 2929.01 of the Revised	198
Code, is not required to satisfy or comply with minimum standards	199
for minimum security jails or other jails that are promulgated	200
under division (A) of section 5120.10 of the Revised Code, is not	201
a local detention facility as defined in section 2929.36 of the	202
Revised Code, and is not a residential unit as defined in section	203
2950.01 of the Revised Code. The center is a detention facility as	204
defined in sections 2921.01 and 2923.124 of the Revised Code, and	205
an eligible offender confined in the center is under detention as	206
defined in section 2921.01 of the Revised Code. Regarding persons	207
sentenced directly to the center under an OVI term of confinement	208
or under both an OVI term of confinement and confinement for a	209
violation of section 4510.14 of the Revised Code or a municipal	210
DUS offense, the center shall be considered a "jail" or "local	211
correctional facility" for purposes of any provision in section	212
4510.14 or 4511.19 of the Revised Code or in an ordinance of a	213
municipal corporation that requires a mandatory jail term or	214
mandatory term of local incarceration for the violation of section	215
4511.19 of the Revised Code, the violation of both section 4510.14	216
and 4511.19 of the Revised Code, the municipal OVI offense, or the	217
municipal OVI offense and the municipal DUS offense, and a direct	218
sentence of a person to the center under an OVI term of	219
confinement or under both an OVI term of confinement and	220
confinement for a violation of section 4510.14 of the Revised Code	221
or a municipal DUS offense shall be considered to be a sentence to	222
a "jail" or "local correctional facility" for purposes of any such	223
provision in section 4510.14 or 4511.19 of the Revised Code or in	224
an ordinance of a municipal corporation.	225

(F)(1) If the board of county commissioners of a county that	226
is being served by a community alternative sentencing center	227
established pursuant to division (E) of this section determines	228
that it no longer wants to be served by the center, the board may	229
dissolve the center by adopting a resolution evidencing the	230
determination to dissolve the center.	231

(2) If the boards of county commissioners of all of the	232
counties served by any district community alternative sentencing	233
center established pursuant to division (E) of this section	234
determine that they no longer want to be served by the center, the	235
boards may dissolve the center by adopting in each county a	236
resolution evidencing the determination to dissolve the center.	237

(3) If at least one, but not all, of the boards of county	238
commissioners of the counties being served by any district	239
community alternative sentencing center established pursuant to	240
division (E) of this section determines that it no longer wants to	241
be served by the center, the board may terminate its involvement	242
with the center by adopting a resolution evidencing the	243
determination to terminate its involvement with the center. If at	244
least one, but not all, of the boards of county commissioners of	245
the counties being served by any community alternative sentencing	246
center terminates its involvement with the center in accordance	247
with this division, the other boards of county commissioners of	248
the counties being served by the center may continue to be served	249
by the center.	250

(G) Prior to establishing or operating a community	251
alternative sentencing center or a district community alternative	252
sentencing center, the board of county commissioners or the	253
affiliated group of boards of county commissioners that formulated	254
the proposal shall adopt rules for the operation of the center.	255
The rules shall include criteria that define which offenders are	256
eligible to be sentenced directly to the center and admitted to	257
it.	258

(H) If a board of county commissioners establishes and	259
operates a community alternative sentencing center under division	260
(E) of this section, or an affiliated group of boards of county	261
commissioners establishes and operates a district community	262
alternative sentencing center under that division, all of the	263
following apply:	264

(1) Any court located within the county served by the board	265
that establishes and operates a community ~~correctional~~alternative	266
sentencing center may directly sentence eligible offenders to the	267
center pursuant to a community residential sanction of not more	268
than thirty days or pursuant to an OVI term of confinement, a	269
combination of an OVI term of confinement and confinement for a	270
violation of section 4510.14 of the Revised Code, or confinement	271
for a municipal DUS offense of not more than sixty days. Any court	272
located within a county served by any of the boards that	273
establishes and operates a district community ~~correctional~~	274
alternative sentencing center may directly sentence eligible	275
offenders to the center pursuant to a community residential	276
sanction of not more than thirty days or pursuant to an OVI term	277
of confinement, a combination of an OVI term of confinement and	278
confinement for a violation of section 4510.14 of the Revised	279
Code, or confinement for a municipal DUS offense of not more than	280
~~thirty~~sixty days.	281

(2) Each eligible offender who is sentenced to the center as	282
described in division (H)(1) of this section and admitted to it	283
shall be offered during the eligible offender's confinement at the	284
center educational and vocational services and reentry planning	285
and may be offered any other treatment and rehabilitative services	286
that are available and that the court that sentenced the	287
particular eligible offender to the center and the administrator	288
of the center determine are appropriate based upon the offense for	289
which the eligible offender was sentenced to the community	290
residential sanction and the length of the sanction.	291

(3) Before accepting an eligible offender sentenced to the	292
center by a court, the board or the affiliated group of boards	293
shall enter into an agreement with a political subdivision that	294
operates that court that addresses the cost and payment of medical	295
treatment or services received by eligible offenders sentenced by	296
that court while they are confined in the center. The agreement	297
may provide for the payment of the costs by the particular	298
eligible offender who receives the treatment or services, as	299
described in division (I) of this section.	300

(4) If a court sentences an eligible offender to a center	301
under authority of division (H)(1) of this section, immediately	302
after the sentence is imposed, the eligible offender shall be	303
taken to the probation department that serves the court. The	304
department shall handle any preliminary matters regarding the	305
admission of the eligible offender to the center, including a	306
determination as to whether the eligible offender may be admitted	307
to the center under the criteria included in the rules adopted	308
under division (G) of this section that define which offenders are	309
eligible to be sentenced and admitted to the center. If the	310
eligible offender is accepted for admission to the center, the	311
department shall schedule the eligible offender for the admission	312
and shall provide for the transportation of the offender to the	313
center. If an eligible offender who is sentenced to the center	314
under a community residential sanction is not accepted for	315
admission to the center for any reason, the nonacceptance shall be	316
considered a violation of a condition of the community residential	317
sanction, the eligible offender shall be taken before the court	318
that imposed the sentence, and the court may proceed as specified	319
in division (C)(2) of section 2929.25 of the Revised Code based on	320
the violation or as provided by ordinance of the municipal	321
corporation based on the violation, whichever is applicable. If an	322
eligible offender who is sentenced to the center under an OVI term	323
of confinement is not accepted for admission to the center for any	324
reason, the eligible offender shall be taken before the court that	325
imposed the sentence, and the court shall determine the place at	326
which the offender is to serve the term of confinement. If the	327
eligible offender is admitted to the center, all of the following	328
apply:	329

(a) The admission shall be under the terms and conditions	330
established by the court and the administrator of the center, and	331
the court and the administrator of the center shall provide for	332
the confinement of the eligible offender and supervise the	333
eligible offender as provided in divisions (H)(4)(b) to (f) of	334
this section.	335

(b) The eligible offender shall be confined in the center	336
during any period of time that the eligible offender is not	337
actually working at the eligible offender's approved work release	338
described in division (H)(4)(c) of this section, engaged in	339
community service activities described in division (H)(4)(d) of	340
this section, engaged in authorized vocational training or another	341
authorized educational program, engaged in another program	342
designated by the administrator of the center, or engaged in other	343
activities approved by the court and the administrator of the	344
center.	345

(c) If the court and the administrator of the center	346
determine that work release is appropriate based upon the offense	347
for which the eligible offender was sentenced to the community	348
residential sanction or OVI term of confinement and the length of	349
the sanction or term, the eligible offender may be offered work	350
release from confinement at the center and be released from	351
confinement while engaged in the work release.	352

(d) If the administrator of the center determines that	353
community service is appropriate and if the eligible offender will	354
be confined for more than ten days at the center, the eligible	355
offender may be required to participate in community service	356
activities approved by the political subdivision served by the	357
court. Community service activities that may be required under	358
this division may take place in facilities of the political	359
subdivision that operates the court, in the community, or in both	360
such locales. The eligible offender shall be released from	361
confinement while engaged in the community service activities.	362
Community service activities required under this division shall be	363
supervised by the court or an official designated by the board of	364
county commissioners or affiliated group of boards of county	365
commissioners that established and is operating the center.	366
Community service activities required under this division shall	367
not exceed in duration the period for which the eligible offender	368
will be confined at the center under the community residential	369
sanction or the OVI term of confinement.	370

(e) The confinement of the eligible offender in the center	371
shall be considered for purposes of this division and division	372
(H)(4)(f) of this section as including any period of time	373
described in division (H)(4)(b) of this section when the eligible	374
offender may be outside of the center and shall continue until the	375
expiration of the community residential sanction, the OVI term of	376
confinement, or the combination of the OVI term of confinement and	377
the confinement for the violation of section 4510.14 of the	378
Revised Code or the municipal DUS ordinance that the eligible	379
offender is serving upon admission to the center.	380

(f) After the admission and until the expiration of the	381
community residential sanction or OVI term of confinement that the	382
eligible offender is serving upon admission to the center, the	383
eligible offender shall be considered for purposes of any	384
provision in Title XXIX of the Revised Code to be serving the	385
community residential sanction or OVI term of confinement.	386

(5) The administrator of the center, or the administrator's	387
designee, shall post a sign as described in division (A)(4) of	388
section 2923.1212 of the Revised Code in a conspicuous location at	389
the center.	390

(I) The board of county commissioners that establishes and	391
operates a community alternative sentencing center under division	392
(E) of this section, or the affiliated group of boards of county	393
commissioners that establishes and operates a district community	394
alternative sentencing center under that division, may require an	395
eligible offender who is sentenced directly to the center and	396
admitted to it to pay to the county served by the board or the	397
counties served by the affiliated group of boards or the entity	398
operating the center the reasonable expenses incurred by the	399
county or counties, whichever is applicable, in supervising or	400
confining the eligible offender after being sentenced to the	401
center and admitted. Inability to pay those reasonable expenses	402
shall not be grounds for refusing to admit an otherwise eligible	403
offender to the center.	404

(J)(1) If an eligible offender who is directly sentenced to a	405
community alternative sentencing center or district community	406
alternative sentencing center and admitted to the center	407
successfully completes the service of the community residential	408
sanction in the center, the administrator of the center shall	409
notify the court that imposed the sentence, and the court shall	410
enter into the journal that the eligible offender successfully	411
completed the service of the sanction.	412

(2) If an eligible offender who is directly sentenced to a	413
community alternative sentencing center or district community	414
alternative sentencing center and admitted to the center violates	415
any rule established under this section by the board of county	416
commissioners or the affiliated group of boards of county	417
commissioners that establishes and operates the center, violates	418
any condition of the community residential sanction, the OVI term	419
of confinement, or the combination of the OVI term of confinement	420
and the confinement for the violation of section 4510.14 of the	421
Revised Code or the municipal OVI ordinance imposed by the	422
sentencing court, or otherwise does not successfully complete the	423
service of the community residential sanction or OVI term of	424
confinement in the center, the administrator of the center shall	425
report the violation or failure to successfully complete the	426
sanction or term directly to the court or to the probation	427
department or probation officer with general control and	428
supervision over the eligible offender. A failure to successfully	429
complete the service of the community residential sanction, the	430
OVI term of confinement, or the combination of the OVI term of	431
confinement and the confinement for the violation of section	432
4510.14 of the Revised Code or the municipal OVI ordinance in the	433
center shall be considered a violation of a condition of the	434
community residential sanction or the OVI term of confinement. If	435
the administrator reports the violation to the probation	436
department or probation officer, the department or officer shall	437
report the violation to the court. Upon its receipt under this	438
division of a report of a violation or failure to complete the	439
sanction by a person sentenced to the center under a community	440
residential sanction, the court may proceed as specified in	441
division (C)(2) of section 2929.25 of the Revised Code based on	442
the violation or as provided by ordinance of the municipal	443
corporation based on the violation, whichever is applicable. Upon	444
its receipt under this division of a report of a violation or	445
failure to complete the term by a person sentenced to the center	446
under an OVI term of confinement, the court shall determine the	447
place at which the offender is to serve the remainder of the term	448
of confinement. The eligible offender shall receive credit towards	449
completing the eligible offender's sentence for the time spent in	450
the center after admission to it.	451

Sec. 2152.12. (A)(1)(a) After a complaint has been filed	452
alleging that a child is a delinquent child for committing an act	453
that would be aggravated murder, murder, attempted aggravated	454
murder, or attempted murder if committed by an adult, the juvenile	455
court at a hearing shall transfer the case if either of the	456
following applies:	457

(i) The child was sixteen or seventeen years of age at the	458
time of the act charged and there is probable cause to believe	459
that the child committed the act charged.	460

(ii) The child was fourteen or fifteen years of age at the	461
time of the act charged, section 2152.10 of the Revised Code	462
provides that the child is eligible for mandatory transfer, and	463
there is probable cause to believe that the child committed the	464
act charged.	465

(b) After a complaint has been filed alleging that a child is	466
a delinquent child by reason of committing a category two offense,	467
the juvenile court at a hearing shall transfer the case if the	468
child was sixteen or seventeen years of age at the time of the act	469
charged and either of the following applies:	470

(i) Division (A)(2)(a) of section 2152.10 of the Revised Code	471
requires the mandatory transfer of the case, and there is probable	472
cause to believe that the child committed the act charged.	473

(ii) Division (A)(2)(b) of section 2152.10 of the Revised	474
Code requires the mandatory transfer of the case, and there is	475
probable cause to believe that the child committed the act	476
charged.	477

(2) The juvenile court also shall transfer a case in the	478
circumstances described in division (C)(5) of section 2152.02 of	479
the Revised Code or if either of the following applies:	480

(a) A complaint is filed against a child who is eligible for	481
a discretionary transfer under section 2152.10 of the Revised Code	482
and who previously was convicted of or pleaded guilty to a felony	483
in a case that was transferred to a criminal court.	484

(b) A complaint is filed against a child who is domiciled in	485
another state alleging that the child is a delinquent child for	486
committing an act that would be a felony if committed by an adult,	487
and, if the act charged had been committed in that other state,	488
the child would be subject to criminal prosecution as an adult	489
under the law of that other state without the need for a transfer	490
of jurisdiction from a juvenile, family, or similar noncriminal	491
court to a criminal court.	492

(3) If a complaint is filed against a child alleging that the	493
child is a delinquent child and the case is transferred pursuant	494
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of this section and if	495
the child subsequently is convicted of or pleads guilty to an	496
offense in that case, the sentence to be imposed or disposition to	497
be made of the child shall be determined in accordance with	498
section 2152.121 of the Revised Code.	499

(B) Except as provided in division (A) of this section, after	500
a complaint has been filed alleging that a child is a delinquent	501
child for committing an act that would be a felony if committed by	502
an adult, the juvenile court at a hearing may transfer the case if	503
the court finds all of the following:	504

(1) The child was fourteen years of age or older at the time	505
of the act charged.	506

(2) There is probable cause to believe that the child	507
committed the act charged.	508

(3) The child is not amenable to care or rehabilitation	509
within the juvenile system, and the safety of the community may	510
require that the child be subject to adult sanctions. In making	511
its decision under this division, the court shall consider whether	512
the applicable factors under division (D) of this section	513
indicating that the case should be transferred outweigh the	514
applicable factors under division (E) of this section indicating	515
that the case should not be transferred. The record shall indicate	516
the specific factors that were applicable and that the court	517
weighed.	518

(C) Before considering a transfer under division (B) of this	519
section, the juvenile court shall order an investigation into the	520
child's social history, education, family situation, and any other	521
factor bearing on whether the child is amenable to juvenile	522
rehabilitation, including a mental examination of the child by a	523
public or private agency or a person qualified to make the	524
examination. The investigation shall be completed and a report on	525
the investigation shall be submitted to the court as soon as	526
possible but not more than forty-five calendar days after the	527
court orders the investigation. The court may grant one or more	528
extensions for a reasonable length of time. The child may waive	529
the examination required by this division if the court finds that	530
the waiver is competently and intelligently made. Refusal to	531
submit to a mental examination by the child constitutes a waiver	532
of the examination.	533

(D) In considering whether to transfer a child under division	534
(B) of this section, the juvenile court shall consider the	535
following relevant factors, and any other relevant factors, in	536
favor of a transfer under that division:	537

(1) The victim of the act charged suffered physical or	538
psychological harm, or serious economic harm, as a result of the	539
alleged act.	540

(2) The physical or psychological harm suffered by the victim	541
due to the alleged act of the child was exacerbated because of the	542
physical or psychological vulnerability or the age of the victim.	543

(3) The child's relationship with the victim facilitated the	544
act charged.	545

(4) The child allegedly committed the act charged for hire or	546
as a part of a gang or other organized criminal activity.	547

(5) The child had a firearm on or about the child's person or	548
under the child's control at the time of the act charged, the act	549
charged is not a violation of section 2923.12 of the Revised Code,	550
and the child, during the commission of the act charged, allegedly	551
used or displayed the firearm, brandished the firearm, or	552
indicated that the child possessed a firearm.	553

(6) At the time of the act charged, the child was awaiting	554
adjudication or disposition as a delinquent child, was under a	555
community control sanction, or was on parole for a prior	556
delinquent child adjudication or conviction.	557

(7) The results of any previous juvenile sanctions and	558
programs indicate that rehabilitation of the child will not occur	559
in the juvenile system.	560

(8) The child is emotionally, physically, or psychologically	561
mature enough for the transfer.	562

(9) There is not sufficient time to rehabilitate the child	563
within the juvenile system.	564

(E) In considering whether to transfer a child under division	565
(B) of this section, the juvenile court shall consider the	566
following relevant factors, and any other relevant factors,	567
against a transfer under that division:	568

(1) The victim induced or facilitated the act charged.

569

(2) The child acted under provocation in allegedly committing	570
the act charged.	571

(3) The child was not the principal actor in the act charged,	572
or, at the time of the act charged, the child was under the	573
negative influence or coercion of another person.	574

(4) The child did not cause physical harm to any person or	575
property, or have reasonable cause to believe that harm of that	576
nature would occur, in allegedly committing the act charged.	577

(5) The child previously has not been adjudicated a	578
delinquent child.	579

(6) The child is not emotionally, physically, or	580
psychologically mature enough for the transfer.	581

(7) The child has a mental illness or is a mentally retarded	582
person.	583

(8) There is sufficient time to rehabilitate the child within	584
the juvenile system and the level of security available in the	585
juvenile system provides a reasonable assurance of public safety.	586

(F) If one or more complaints are filed alleging that a child	587
is a delinquent child for committing two or more acts that would	588
be offenses if committed by an adult, if a motion is made alleging	589
that division (A) of this section applies and requires that the	590
case or cases involving one or more of the acts charged be	591
transferred for, and if a motion also is made requesting that the	592
case or cases involving one or more of the acts charged be	593
transferred pursuant to division (B) of this section, the juvenile	594
court, in deciding the motions, shall proceed in the following	595
manner:	596

(1) Initially, the court shall decide the motion alleging	597
that division (A) of this section applies and requires that the	598
case or cases involving one or more of the acts charged be	599
transferred.	600

(2) If the court determines that division (A) of this section	601
applies and requires that the case or cases involving one or more	602
of the acts charged be transferred, the court shall transfer the	603
case or cases in accordance with that division. After the transfer	604
pursuant to division (A) of this section, the court shall decide,	605
in accordance with division (B) of this section, whether to grant	606
the motion requesting that the case or cases involving one or more	607
of the acts charged be transferred pursuant to that division.	608
Notwithstanding division (B) of this section, prior to	609
transferring a case pursuant to division (A) of this section, the	610
court is not required to consider any factor specified in division	611
(D) or (E) of this section or to conduct an investigation under	612
division (C) of this section.	613

(3) If the court determines that division (A) of this section	614
does not require that the case or cases involving one or more of	615
the acts charged be transferred, the court shall decide in	616
accordance with division (B) of this section whether to grant the	617
motion requesting that the case or cases involving one or more of	618
the acts charged be transferred pursuant to that division.	619

(4) No report on an investigation conducted pursuant to	620
division (C) of this section shall include details of the alleged	621
offense as reported by the child.	622

(G) The court shall give notice in writing of the time,	623
place, and purpose of any hearing held pursuant to division (A) or	624
(B) of this section to the child's parents, guardian, or other	625
custodian and to the child's counsel at least three days prior to	626
the hearing.	627

(H) No person, either before or after reaching eighteen years	628
of age, shall be prosecuted as an adult for an offense committed	629
prior to becoming eighteen years of age, unless the person has	630
been transferred as provided in division (A) or (B) of this	631
section or unless division (J) of this section applies. Any	632
prosecution that is had in a criminal court on the mistaken belief	633
that the person who is the subject of the case was eighteen years	634
of age or older at the time of the commission of the offense shall	635
be deemed a nullity, and the person shall not be considered to	636
have been in jeopardy on the offense.	637

(I) Upon the transfer of a case under division (A) or (B) of	638
this section, the juvenile court shall state the reasons for the	639
transfer on the record, and shall order the child to enter into a	640
recognizance with good and sufficient surety for the child's	641
appearance before the appropriate court for any disposition that	642
the court is authorized to make for a similar act committed by an	643
adult. The transfer abates the jurisdiction of the juvenile court	644
with respect to the delinquent acts alleged in the complaint, and,	645
upon the transfer, all further proceedings pertaining to the act	646
charged shall be discontinued in the juvenile court, and the case	647
then shall be within the jurisdiction of the court to which it is	648
transferred as described in division (H) of section 2151.23 of the	649
Revised Code.	650

(J) If a person under eighteen years of age allegedly commits	651
an act that would be a felony if committed by an adult and if the	652
person is not taken into custody or apprehended for that act until	653
after the person attains twenty-one years of age, the juvenile	654
court does not have jurisdiction to hear or determine any portion	655
of the case charging the person with committing that act. In those	656
circumstances, divisions (A) and (B) of this section do not apply	657
regarding the act, and the case charging the person with	658
committing the act shall be a criminal prosecution commenced and	659
heard in the appropriate court having jurisdiction of the offense	660
as if the person had been eighteen years of age or older when the	661
person committed the act. All proceedings pertaining to the act	662
shall be within the jurisdiction of the court having jurisdiction	663
of the offense, and that court has all the authority and duties in	664
the case as it has in other criminal cases in that court.	665

Sec. 2152.121. (A) If a complaint is filed against a child	666
alleging that the child is a delinquent child and the case is	667
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of	668
section 2152.12 of the Revised Code, the juvenile court that	669
transferred the case shall retain jurisdiction for purposes of	670
making disposition of the child when required under division (B)	671
of this section.	672

(B) If a complaint is filed against a child alleging that the	673
child is a delinquent child, if the case is transferred pursuant	674
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of	675
the Revised Code, and if the child subsequently is convicted of or	676
pleads guilty to an offense in that case, the sentence to be	677
imposed or disposition to be made of the child shall be determined	678
as follows:	679

(1) The court in which the child is convicted of or pleads	680
guilty to the offense shall determine whether, had a complaint	681
been filed in juvenile court alleging that the child was a	682
delinquent child for committing an act that would be that offense	683
if committed by an adult, division (A) of section 2152.12 of the	684
Revised Code would have required mandatory transfer of the case or	685
division (B) of that section would have allowed discretionary	686
transfer of the case. The court shall not consider the factor	687
specified in division (B)(3) of section 2152.12 of the Revised	688
Code in making its determination under this division.	689

(2) If the court in which the child is convicted of or pleads	690
guilty to the offense determines under division (B)(1) of this	691
section that, had a complaint been filed in juvenile court	692
alleging that the child was a delinquent child for committing an	693
act that would be that offense if committed by an adult, division	694
(A) of section 2152.12 of the Revised Code would not have required	695
mandatory transfer of the case, and division (B) of that section	696
would not have allowed discretionary transfer of the case, the	697
court shall transfer jurisdiction of the case back to the juvenile	698
court that initially transferred the case, the court and all other	699
agencies that have any record of the conviction of the child or	700
the child's guilty plea shall expunge the conviction or guilty	701
plea and all records of it, the conviction or guilty plea shall be	702
considered and treated for all purposes other than as provided in	703
this section to have never occurred, and the juvenile court shall	704
impose one or more traditional juvenile dispositions upon the	705
child under sections 2152.19 and 2152.20 of the Revised Code.	706

(3) If the court in which the child is convicted of or pleads	707
guilty to the offense determines under division (B)(1) of this	708
section that, had a complaint been filed in juvenile court	709
alleging that the child was a delinquent child for committing an	710
act that would be that offense if committed by an adult, division	711
(A) of section 2152.12 of the Revised Code would not have required	712
mandatory transfer of the case but division (B) of that section	713
would have allowed discretionary transfer of the case, the court	714
shall determine the sentence it believes should be imposed upon	715
the child under Chapter 2929. of the Revised Code, shall impose	716
that sentence upon the child, and shall stay that sentence pending	717
completion of the procedures specified in this division. Upon	718
imposition and staying of the sentence, the court shall transfer	719
jurisdiction of the case back to the juvenile court that initially	720
transferred the case and the juvenile court shall proceed in	721
accordance with this division. In no case may the child waive a	722
right to a hearing of the type described in division (B)(3)(b) of	723
this section, regarding a motion filed as described in that	724
division by the prosecuting attorney in the case. Upon transfer of	725
jurisdiction of the case back to the juvenile court, both of the	726
following apply:	727

(a) Except as otherwise provided in division (B)(3)(b) of	728
this section, the juvenile court shall impose a serious youthful	729
offender dispositional sentence upon the child under division	730
(D)(1) of section 2152.13 of the Revised Code. In imposing the	731
adult portion of that sentence, the juvenile court shall consider	732
and give preference to the sentence imposed upon the child by the	733
court in which the child was convicted of or pleaded guilty to the	734
offense. Upon imposing a serious youthful offender dispositional	735
sentence upon the child as described in this division, the	736
juvenile court shall notify the court in which the child was	737
convicted of or pleaded guilty to the offense, the sentence	738
imposed upon the child by that court shall terminate, the court	739
and all other agencies that have any record of the conviction of	740
the child or the child's guilty plea shall expunge the conviction	741
or guilty plea and all records of it, the conviction or guilty	742
plea shall be considered and treated for all purposes other than	743
as provided in this section to have never occurred, and the	744
conviction or guilty plea shall be considered and treated for all	745
purposes other than as provided in this section to have been a	746
delinquent child adjudication of the child.	747

(b) ~~Upon the~~Within fourteen days after the filing of the	748
journal entry regarding the transfer, the prosecuting attorney in	749
the case may file a motion in the juvenile court that objects to	750
the imposition of a serious youthful offender dispositional	751
sentence upon the child and requests that the sentence imposed	752
upon the child by the court in which the child was convicted of or	753
pleaded guilty to the offense be invoked. Upon the filing of a	754
motion under this division, the juvenile court shall hold a	755
hearing to determine whether the child is not amenable to care or	756
rehabilitation within the juvenile system and whether the safety	757
of the community may require that the child be subject solely to	758
adult sanctions. If the juvenile court at the hearing finds that	759
the child is not amenable to care or rehabilitation within the	760
juvenile system or that the safety of the community may require	761
that the child be subject solely to adult sanctions, the court	762
shall grant the motion. Absent such a finding, the juvenile court	763
shall deny the motion. In making its decision under this division,	764
the juvenile court shall consider the factors listed in division	765
(D) of section 2152.12 of the Revised Code as factors indicating	766
that the motion should be granted, shall consider the factors	767
listed in division (E) of that section as factors indicating that	768
the motion should not be granted, and shall consider whether the	769
applicable factors listed in division (D) of that section outweigh	770
the applicable factors listed in division (E) of that section.	771

If the juvenile court grants the motion of the prosecuting	772
attorney under this division, the juvenile court shall transfer	773
jurisdiction of the case back to the court in which the child was	774
convicted of or pleaded guilty to the offense, and the sentence	775
imposed by that court shall be invoked. If the juvenile court	776
denies the motion of the prosecuting attorney under this section,	777
the juvenile court shall impose a serious youthful offender	778
dispositional sentence upon the child in accordance with division	779
(B)(3)(a) of this section.	780

(4) If the court in which the child is convicted of or pleads	781
guilty to the offense determines under division (B)(1) of this	782
section that, had a complaint been filed in juvenile court	783
alleging that the child was a delinquent child for committing an	784
act that would be that offense if committed by an adult, division	785
(A) of section 2152.12 of the Revised Code would have required	786
mandatory transfer of the case, the court shall impose sentence	787
upon the child under Chapter 2929. of the Revised Code.	788

Sec. 2152.52. (A)(1) In any proceeding under this chapter	789
other than a proceeding alleging that a child is an unruly child	790
or a juvenile traffic offender, any party or the court may move	791
for a determination regarding the child's competency to	792
participate in the proceeding.	793

(2) In any proceeding under this chapter other than a	794
proceeding alleging that a child is an unruly child or a juvenile	795
traffic offender, if the child who is the subject of the	796
proceeding is fourteen years of age or older and if the child is	797
not otherwise found to be mentally ill, intellectually disabled,	798
or developmentally disabled, it is rebuttably presumed that the	799
child does not have a lack of mental capacity. This presumption	800
applies only in making a determination as to whether the child has	801
a lack of mental capacity and shall not be used or applicable for	802
any other purpose.	803

(B) The court may find a child incompetent to proceed without	804
ordering an evaluation of the child's competency or holding a	805
hearing to determine the child's competency if either of the	806
following applies:	807

(1) The prosecuting attorney, the child's attorney, and at	808
least one of the child's parents, guardians, or custodians agree	809
to the determination.	810

(2) The court relies on a prior court determination that the	811
child was incompetent and could not attain competency even if the	812
child were to participate in competency attainment services.	813

Sec. 2152.56. (A) Upon completing an evaluation ordered	814
pursuant to section 2152.53 of the Revised Code, an evaluator	815
shall submit to the court a written competency assessment report.	816
The report shall include the evaluator's opinion as to whether the	817
child, due to mental illness, intellectual disability, or	818
developmental disability, or otherwise due to a lack of mental	819
capacity, is ~~presently~~currently incapable of understanding the	820
nature and objective of the proceedings against the child or of	821
assisting in the child's defense. The report shall not include any	822
opinion as to the child's sanity at the time of the alleged	823
offense, details of the alleged offense as reported by the child,	824
or an opinion as to whether the child actually committed the	825
offense or could have been culpable for committing the offense.	826

(B) A competency assessment report shall address the child's	827
capacity to do all of the following:	828

(1) Comprehend and appreciate the charges or allegations	829
against the child;	830

(2) Understand the adversarial nature of the proceedings,	831
including the role of the judge, defense counsel, prosecuting	832
attorney, guardian ad litem or court-appointed special assistant,	833
and witnesses;	834

(3) Assist in the child's defense and communicate with	835
counsel;	836

(4) Comprehend and appreciate the consequences that may be	837
imposed or result from the proceedings.	838

(C) A competency assessment report shall include the	839
evaluator's opinion regarding the extent to which the child's	840
competency may be impaired by the child's failure to meet one or	841
more of the criteria listed in division (B) of this section. If	842
the evaluator concludes that the child's competency is impaired	843
but that the child may be enabled to understand the nature and	844
objectives of the proceeding against the child and to assist in	845
the child's defense with reasonable accommodations, the report	846
shall include recommendations for those reasonable accommodations	847
that the court might make. If the evaluator concludes that the	848
child's competency is so impaired that the child would not be able	849
to understand the nature and objectives of the proceeding against	850
the child ~~and~~or to assist in the child's defense, the report	851
shall include an opinion as to the likelihood that the child could	852
attain competency within the periods set forth in division (D)(2)	853
of section 2152.59 of the Revised Code.	854

(D) If the evaluator concludes that the child could likely	855
attain competency within the periods set forth in division (D)(2)	856
of section 2152.59 of the Revised Code, the competency assessment	857
report shall include both of the following:	858

(1) A recommendation as to the least restrictive setting for	859
child competency attainment services that is consistent with the	860
child's ability to attain competency and the safety of both the	861
child and the community;	862

(2) A list of the providers of child competency attainment	863
services known to the evaluator that are located most closely to	864
the child's current residence.	865

(E) If the evaluator is unable, within the maximum allowable	866
time for submission of a competency assessment report under	867
division (A) of section 2152.57 of the Revised Code, to form an	868
opinion regarding the extent to which the child's competency may	869
be impaired by the child's failure to meet one or more of the	870
criteria listed in division (B) of this section, the evaluator	871
shall so state in the report. The evaluator shall also include	872
recommendations for services to support the safety of the child or	873
the community.	874

Sec. 2152.59. (A) If after a hearing held pursuant to	875
section 2152.58 of the Revised Code the court determines that a	876
child is competent, the court shall proceed with the delinquent	877
child's proceeding as provided by law. No statement that a child	878
makes during an evaluation or hearing conducted under sections	879
2152.51 through 2152.59 of the Revised Code shall be used against	880
the child on the issue of responsibility or guilt in any child or	881
adult proceeding.	882

(B) If after a hearing held pursuant to section 2152.58 of	883
the Revised Code the court determines that the child is not	884
competent and cannot attain competency within the period of time	885
applicable under division (D)(2) of this section, the court shall	886
dismiss the charges without prejudice, except that the court may	887
delay dismissal for up to ninety calendar days and do either of	888
the following:	889

(1) Refer the matter to a public children services agency and	890
request that agency determine whether to file an action in	891
accordance with section 2151.27 of the Revised Code alleging that	892
the child is a dependent, neglected, or abused child;	893

(2) Assign court staff to refer the child or the child's	894
family to the local family and children first council or an agency	895
funded by the department of mental health or department of	896
developmental disabilities or otherwise secure services to reduce	897
the potential that the child would engage in behavior that could	898
result in delinquent child or other criminal charges.	899

(C) If after a hearing held pursuant to section 2152.58 of	900
the Revised Code the court determines that a child is not	901
competent but could likely attain competency by participating in	902
services specifically designed to help the child develop	903
competency, the court may order the child to participate in	904
services specifically designed to help the child develop	905
competency at county expense. The court shall name a reliable	906
provider to deliver the competency attainment services and shall	907
order the child's parent, guardian, or custodian to contact that	908
provider by a specified date to arrange for services.	909

(D) The competency attainment services provided to a child	910
shall be based on a competency attainment plan described in	911
division (E)(2) of this section and approved by the court.	912
Services are subject to the following conditions and time periods	913
measured from the date the court approves the plan:	914

(1) Services shall be provided in the least restrictive	915
setting that is consistent with the child's ability to attain	916
competency and the safety of both the child and the community. If	917
the child has been released on temporary or interim orders and	918
refuses or fails to cooperate with the service provider, the court	919
may reassess the orders and amend them to require a more	920
appropriate setting.	921

(2) No child shall be required to participate in competency	922
attainment services for longer than is required for the child to	923
attain competency. The following maximum periods of participation	924
apply:	925

(a) If a child is ordered to participate in competency	926
attainment services that are provided outside of a residential	927
setting, the child shall not participate in those services for a	928
period exceeding three months if the child is charged with an act	929
that would be a misdemeanor if committed by an adult, six months	930
if the child is charged with an act that would be a felony of the	931
third, fourth, or fifth degree if committed by an adult, or one	932
year if the child is charged with an act that would be a felony of	933
the first or second degree, aggravated murder, or murder if	934
committed by an adult.	935

(b) If a child is ordered to receive competency attainment	936
services that are provided in a residential setting that is	937
operated solely or in part for the purpose of providing competency	938
attainment services, the child shall not participate in those	939
services for a period exceeding forty-five calendar days if the	940
child is charged with an act that would be a misdemeanor if	941
committed by an adult, three months if the child is charged with	942
an act that would be a felony of the third, fourth, or fifth	943
degree if committed by an adult, six months if the child is	944
charged with an act that would be a felony of the first or second	945
degree if committed by an adult, or one year if the child is	946
charged with an act that would be aggravated murder or murder if	947
committed by an adult.	948

(c) If a child is ordered into a residential, detention, or	949
other secured setting for reasons other than to participate in	950
competency attainment services and is also ordered to participate	951
in competency attainment services concurrently, the child shall	952
participate in the competency attainment services for not longer	953
than the relevant period set forth in division (D)(2)(a) of this	954
section.	955

(d) If a child is ordered to participate in competency	956
attainment services that require the child to live for some but	957
not all of the duration of the services in a residential setting	958
that is operated solely or in part for the purpose of providing	959
competency attainment services, the child shall participate in the	960
competency attainment services for not longer than the relevant	961
period set forth in division (D)(2)(b) of this section. For the	962
purpose of calculating a time period under division (D)(2)(d) of	963
this section, two days of participation in a nonresidential	964
setting shall equal one day of participation in a residential	965
setting.	966

(3) A child who receives competency attainment services in a	967
residential setting that is operated solely or partly for the	968
purpose of providing competency attainment services is in	969
detention for purposes of section 2921.34 and division (B) of	970
section 2152.18 of the Revised Code during the time that the child	971
resides in the residential setting.	972

(E)(1) Within ten business days after the court names the	973
provider responsible for the child's competency attainment	974
services under division (D) of this section, the court shall	975
deliver to that provider a copy of each competency assessment	976
report it has received for review. The provider shall return the	977
copies of the reports to the court upon the termination of the	978
services.	979

(2) Not later than thirty calendar days after the child	980
contacts the competency attainment services provider under	981
division (C) of this section, the provider shall submit to the	982
court a plan for the child to attain competency. The court shall	983
provide copies of the plan to the prosecuting attorney, the	984
child's attorney, the child's guardian ad litem, if any, and the	985
child's parents, guardian, or custodian.	986

(F) The provider that provides the child's competency	987
attainment services pursuant to the competency attainment plan	988
shall submit reports to the court on the following schedule:	989

(1) A report on the child's progress every thirty calendar	990
days and on the termination of services;. The report shall not	991
include any details of the alleged offense as reported by the	992
child.	993

(2) If the provider determines that the child is not	994
cooperating to a degree that would allow the services to be	995
effective to help the child attain competency, a report informing	996
the court of the determination within three business days after	997
making the determination;	998

(3) If the provider determines that the current setting is no	999
longer the least restrictive setting that is consistent with the	1000
child's ability to attain competency and the safety of both the	1001
child and the community, a report informing the court of the	1002
determination within three business days after making the	1003
determination;	1004

(4) If the provider determines that the child has achieved	1005
the goals of the plan and would be able to understand the nature	1006
and objectives of the proceeding against the child and to assist	1007
in the child's defense, with or without reasonable accommodations	1008
to meet the criteria set forth in division (B) of section 2152.56	1009
of the Revised Code, a report informing the court of that	1010
determination within three business days after making the	1011
determination. If the provider believes that accommodations would	1012
be necessary or desirable, the report shall include	1013
recommendations for accommodations.	1014

(5) If the provider determines that the child will not	1015
achieve the goals of the plan within the applicable period of time	1016
under division (D)(2) of this section, a report informing the	1017
court of the determination within three business days after making	1018
the determination. The report shall include recommendations for	1019
services for the child that would support the safety of the child	1020
or the community.	1021

(G) The court shall provide copies of any report made under	1022
division (F) of this section to the prosecuting attorney, the	1023
child's attorney, and the child's guardian ad litem, if any. The	1024
court shall provide copies of any report made under division (F)	1025
of this section to the child's parents, guardian, or custodian	1026
unless the court finds that doing so is not in the best interest	1027
of the child.	1028

(H)(1) Within fifteen business days after receiving a report	1029
under division (F) of this section, the court may hold a hearing	1030
to determine if a new order is necessary. To assist in making a	1031
determination under division (H) of this section, the court may	1032
order a new competency evaluation in accordance with section	1033
2152.53 of the Revised Code. Until a new order is issued or the	1034
required period of participation expires, the child shall continue	1035
to participate in competency attainment services.	1036

(2) If after a hearing held under division (H)(1) of this	1037
section the court determines that the child is not making progress	1038
toward competency or is so uncooperative that attainment services	1039
cannot be effective, the court may order a change in setting or	1040
services that would help the child attain competency within the	1041
relevant period of time under division (D)(2) of this section.	1042

(3) If after a hearing held under division (H)(1) of this	1043
section the court determines that the child has not or will not	1044
attain competency within the relevant period of time under	1045
division (D)(2) of this section, the court shall dismiss the	1046
delinquency complaint without prejudice, except that the court may	1047
delay dismissal for up to ninety calendar days and do either of	1048
the following:	1049

(a) Refer the matter to a public children services agency and	1050
request that agency determine whether to file an action in	1051
accordance with section 2151.27 of the Revised Code alleging that	1052
the child is a dependent, neglected, or abused child;	1053

(b) Assign court staff to refer the child or the child's	1054
family to the local family and children first council or an agency	1055
funded by the department of mental health or department of	1056
developmental disabilities or otherwise secure services to reduce	1057
the potential that the child would engage in behavior that could	1058
result in delinquency or other criminal charges.	1059

(4) A dismissal under division (H)(3) of this section does	1060
not preclude a future delinquent child proceeding or criminal	1061
prosecution as provided under section 2151.23 of the Revised Code	1062
if the child eventually attains competency.	1063

(5) If after a hearing held under division (H)(1) of this	1064
section the court determines that the child has attained	1065
competency, the court shall proceed with the delinquent child's	1066
proceeding in accordance with division (A) of this section.	1067

(6) A dismissal under this section does not bar a civil	1068
action based on the acts or omissions that formed the basis of the	1069
complaint.	1070

Sec. 2301.27. (A)(1)(a) The court of common pleas may	1071
establish a county department of probation. The establishment of	1072
the department shall be entered upon the journal of the court, and	1073
the clerk of the court of common pleas shall certify a copy of the	1074
journal entry establishing the department to each elective officer	1075
and board of the county. The department shall consist of a chief	1076
probation officer and the number of other probation officers and	1077
employees, clerks, and stenographers that is fixed from time to	1078
time by the court. The court shall appoint those individuals, fix	1079
their salaries, and supervise their work.	1080

(b) When appointing a chief probation officer, the court	1081
shall do all of the following:	1082

(i) Publicly advertise the position on the court's web site,	1083
including, but not limited to, the job description, qualifications	1084
for the position, and the application requirements;	1085

(ii) Conduct a competitive hiring process that adheres to	1086
state and federal equal employment opportunity laws;	1087

(iii) Review applicants who meet the posted qualifications	1088
and comply with the application requirements.	1089

(c) The court shall not appoint as a probation officer any	1090
person who does not possess the training, experience, and other	1091
qualifications prescribed by the adult parole authority created by	1092
section 5149.02 of the Revised Code or the department of youth	1093
services, as applicable. Probation officers have all the powers of	1094
regular police officers and shall perform any duties that are	1095
designated by the judge or judges of the court. All positions	1096
within the department of probation, except positions held by	1097
probation officers in the juvenile division of a court of common	1098
pleas, shall be in the classified service of the civil service of	1099
the county.	1100

(2) If two or more counties desire to jointly establish a	1101
probation department for those counties, the judges of the courts	1102
of common pleas of those counties may establish a probation	1103
department for those counties. If a probation department is	1104
established pursuant to division (A)(2) of this section to serve	1105
more than one county, the judges of the courts of common pleas	1106
that established the department shall designate the county	1107
treasurer of one of the counties served by the department as the	1108
treasurer to whom probation fees paid under section 2951.021 of	1109
the Revised Code are to be appropriated and transferred under	1110
division (A)(2) of section 321.44 of the Revised Code for deposit	1111
into the multicounty probation services fund established under	1112
division (B) of section 321.44 of the Revised Code.	1113

The cost of the administration and operation of a probation	1114
department established for two or more counties shall be prorated	1115
to the respective counties on the basis of population.	1116

(3) Probation officers shall receive, in addition to their	1117
respective salaries, their necessary and reasonable travel and	1118
other expenses incurred in the performance of their duties. Their	1119
salaries and expenses shall be paid monthly from the county	1120
treasury in the manner provided for the payment of the	1121
compensation of other appointees of the court.	1122

(4) Probation officers shall be trained in accordance with a	1123
set of minimum standards that are established by the adult parole	1124
authority of the department of rehabilitation and correction.	1125
Probation officers in the juvenile division of a court of common	1126
pleas shall be trained by the department of youth services.	1127

(B)(1)(a) In lieu of establishing a county department of	1128
probation under division (A) of this section and in lieu of	1129
entering into an agreement with the adult parole authority as	1130
described in division (B) of section 2301.32 of the Revised Code,	1131
the court of common pleas may request the board of county	1132
commissioners to contract with, and upon that request the board	1133
may contract with, any nonprofit, public or private agency,	1134
association, or organization for the provision of probation	1135
services and supervisory services for persons placed under	1136
community control sanctions. The contract shall specify that each	1137
individual providing the probation services and supervisory	1138
services shall possess the training, experience, and other	1139
qualifications prescribed by the adult parole authority or the	1140
department of youth services, as applicable. The individuals who	1141
provide the probation services and supervisory services shall not	1142
be included in the classified or unclassified civil service of the	1143
county.	1144

(b) A court of common pleas that has established a county	1145
probation department or has entered into an agreement with the	1146
adult parole authority as described in division (A) or (B) of	1147
section 2301.32 of the Revised Code may request the board of	1148
county commissioners to contract with, and upon that request the	1149
board may contract with, any nonprofit, public or private agency,	1150
association, or organization for the provision of probation	1151
services and supervisory services, including the preparation of	1152
presentence investigation reports to supplement the probation	1153
services and supervisory services provided by the county probation	1154
department or adult parole authority, as applicable. The contract	1155
shall specify that each individual providing the probation	1156
services and supervisory services shall possess the training,	1157
experience, and other qualifications prescribed by the adult	1158
parole authority. The individuals who provide the probation	1159
services and supervisory services shall not be included in the	1160
classified or unclassified civil service of the county. A	1161
nonprofit, public or private agency, association, or organization	1162
providing probation services or supervisory services under this	1163
division is hereby designated a criminal justice agency in the	1164
provision of those services, and as such is authorized by this	1165
state to apply for access to the computerized databases	1166
administered by the national crime information center or the law	1167
enforcement automated data system in Ohio and to other	1168
computerized databases administered for the purpose of making	1169
criminal justice information accessible to state criminal justice	1170
agencies.	1171

(2)(a) In lieu of establishing a county department of	1172
probation under division (A) of this section and in lieu of	1173
entering into an agreement with the adult parole authority as	1174
described in division (B) of section 2301.32 of the Revised Code,	1175
the courts of common pleas of two or more adjoining counties	1176
jointly may request the boards of county commissioners of those	1177
counties to contract with, and upon that request the boards of	1178
county commissioners of two or more adjoining counties jointly may	1179
contract with, any nonprofit, public or private agency,	1180
association, or organization for the provision of probation	1181
services and supervisory services for persons placed under	1182
community control sanctions for those counties. The contract shall	1183
specify that each individual providing the probation services and	1184
supervisory services shall possess the training, experience, and	1185
other qualifications prescribed by the adult parole authority or	1186
the department of youth services, as applicable. The individuals	1187
who provide the probation services and supervisory services shall	1188
not be included in the classified or unclassified civil service of	1189
any of those counties.	1190

(b) The courts of common pleas of two or more adjoining	1191
counties that have jointly established a probation department for	1192
those counties or have entered into an agreement with the adult	1193
parole authority as described in division (A) or (B) of section	1194
2301.32 of the Revised Code may jointly request the board of	1195
county commissioners of each county to contract with, and upon	1196
that request the board may contract with, any nonprofit, public or	1197
private agency, association, or organization for the provision of	1198
probation services and supervisory services, including the	1199
preparation of presentence investigation reports to supplement the	1200
probation services and supervisory services provided by the	1201
probation department or adult parole authority, as applicable. The	1202
contract shall specify that each individual providing the	1203
probation services and supervisory services shall possess the	1204
training, experience, and other qualifications prescribed by the	1205
adult parole authority. The individuals who provide the probation	1206
services and supervisory services shall not be included in the	1207
classified or unclassified civil service of the county. A	1208
nonprofit, public or private agency, association, or organization	1209
providing probation services or supervisory services under this	1210
division is hereby designated a criminal justice agency in the	1211
provision of those services, and as such is authorized by this	1212
state to apply for access to the computerized databases	1213
administered by the national crime information center or the law	1214
enforcement automated data system in Ohio and to other	1215
computerized databases administered for the purpose of making	1216
criminal justice information accessible to state criminal justice	1217
agencies.	1218

(C) The chief probation officer may grant permission to a	1219
probation officer to carry firearms when required in the discharge	1220
of official duties if the probation officer has successfully	1221
completed a basic firearm training program that is approved by the	1222
executive director of the Ohio peace officer training commission.	1223
A probation officer who has been granted permission to carry a	1224
firearm in the discharge of official duties, annually shall	1225
successfully complete a firearms requalification program in	1226
accordance with section 109.801 of the Revised Code.	1227

(D) As used in this section and sections 2301.28 to 2301.32	1228
of the Revised Code, "community control sanction" has the same	1229
meaning as in section 2929.01 of the Revised Code.	1230

Sec. 2301.271. (A) The adult parole authority of the	1231
department of rehabilitation and correction shall develop minimum	1232
standards for the training of probation officers as provided by	1233
section 2301.27 of the Revised Code. The adult parole authority	1234
shall consult and collaborate with the supreme court in developing	1235
the standards. The department of youth services shall develop	1236
minimum standards for the training of probation officers who	1237
supervise juvenile offenders. The department of youth services may	1238
consult with the adult parole authority of the department of	1239
rehabilitation and correction in developing the standards.	1240

(B) Within six months after ~~the effective date of this~~	1241
~~section~~September 30, 2011, the department of rehabilitation and	1242
correction and, within six months after the effective date of this	1243
amendment, the department of youth services shall make available a	1244
copy of the minimum standards developed by the authority or	1245
department, as applicable, to the following entities:	1246

(1) Every municipal court, county court, and court of common	1247
pleas;	1248

(2) Every probation department.

1249

Sec. 2921.331. (A) No person shall fail to comply with any	1250
lawful order or direction of any police officer invested with	1251
authority to direct, control, or regulate traffic.	1252

(B) No person shall operate a motor vehicle so as willfully	1253
to elude or flee a police officer after receiving a visible or	1254
audible signal from a police officer to bring the person's motor	1255
vehicle to a stop.	1256

(C)(1) Whoever violates this section is guilty of failure to	1257
comply with an order or signal of a police officer.	1258

(2) A violation of division (A) of this section is a	1259
misdemeanor of the first degree.	1260

(3) Except as provided in divisions (C)(4) and (5) of this	1261
section, a violation of division (B) of this section is a	1262
misdemeanor of the first degree.	1263

(4) Except as provided in division (C)(5) of this section, a	1264
violation of division (B) of this section is a felony of the	1265
fourth degree if the jury or judge as trier of fact finds by proof	1266
beyond a reasonable doubt that, in committing the offense, the	1267
offender was fleeing immediately after the commission of a felony.	1268

(5)(a) A violation of division (B) of this section is a	1269
felony of the third degree if the jury or judge as trier of fact	1270
finds any of the following by proof beyond a reasonable doubt:	1271

(i) The operation of the motor vehicle by the offender was a	1272
proximate cause of serious physical harm to persons or property.	1273

(ii) The operation of the motor vehicle by the offender	1274
caused a substantial risk of serious physical harm to persons or	1275
property.	1276

(b) If a police officer pursues an offender who is violating	1277
division (B) of this section and division (C)(5)(a) of this	1278
section applies, the sentencing court, in determining the	1279
seriousness of an offender's conduct for purposes of sentencing	1280
the offender for a violation of division (B) of this section,	1281
shall consider, along with the factors set forth in sections	1282
2929.12 and 2929.13 of the Revised Code that are required to be	1283
considered, all of the following:	1284

(i) The duration of the pursuit;

1285

(ii) The distance of the pursuit;

1286

(iii) The rate of speed at which the offender operated the	1287
motor vehicle during the pursuit;	1288

(iv) Whether the offender failed to stop for traffic lights	1289
or stop signs during the pursuit;	1290

(v) The number of traffic lights or stop signs for which the	1291
offender failed to stop during the pursuit;	1292

(vi) Whether the offender operated the motor vehicle during	1293
the pursuit without lighted lights during a time when lighted	1294
lights are required;	1295

(vii) Whether the offender committed a moving violation	1296
during the pursuit;	1297

(viii) The number of moving violations the offender committed	1298
during the pursuit;	1299

(ix) Any other relevant factors indicating that the	1300
offender's conduct is more serious than conduct normally	1301
constituting the offense.	1302

(D) If an offender is sentenced pursuant to division (C)(4)	1303
or (5) of this section for a violation of division (B) of this	1304
section, and if the offender is sentenced to a prison term for	1305
that violation, the offender shall serve the prison term	1306
consecutively to any other prison term or mandatory prison term	1307
imposed upon the offender.	1308

(E) In addition to any other sanction imposed for a felony	1309
violation of division (B) of this section, the court shall impose	1310
a class two suspension from the range specified in division (A)(2)	1311
of section 4510.02 of the Revised Code. In addition to any other	1312
sanction imposed for a violation of division (A) of this section	1313
or a misdemeanor violation of division (B) of this section, the	1314
court shall impose a class five suspension from the range	1315
specified in division (A)(5) of section 4510.02 of the Revised	1316
Code. If the offender previously has been found guilty of an	1317
offense under this section, in addition to any other sanction	1318
imposed for the offense, the court shall impose a class one	1319
suspension as described in division (A)(1) of that section. The	1320
court shall not grant limited driving privileges to the offender	1321
on a suspension imposed for a felony violation of this section.	1322
The court may grant limited driving privileges to the offender on	1323
a suspension imposed for a misdemeanor violation of this section	1324
as set forth in section 4510.021 of the Revised Code. No judge	1325
shall suspend the first three years of suspension under a class	1326
two suspension of an offender's license, permit, or privilege	1327
required by this division on any portion of the suspension under a	1328
class one suspension of an offender's license, permit, or	1329
privilege required by this division.	1330

(F) As used in this section:

1331

(1) "Moving violation" has the same meaning as in section	1332
2743.70 of the Revised Code.	1333

(2) "Police officer" has the same meaning as in section	1334
4511.01 of the Revised Code.	1335

Sec. 2925.03. (A) No person shall knowingly do any of the	1336
following:	1337

(1) Sell or offer to sell a controlled substance;

1338

(2) Prepare for shipment, ship, transport, deliver, prepare	1339
for distribution, or distribute a controlled substance, when the	1340
offender knows or has reasonable cause to believe that the	1341
controlled substance is intended for sale or resale by the	1342
offender or another person.	1343

(B) This section does not apply to any of the following:

1344

(1) Manufacturers, licensed health professionals authorized	1345
to prescribe drugs, pharmacists, owners of pharmacies, and other	1346
persons whose conduct is in accordance with Chapters 3719., 4715.,	1347
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1348

(2) If the offense involves an anabolic steroid, any person	1349
who is conducting or participating in a research project involving	1350
the use of an anabolic steroid if the project has been approved by	1351
the United States food and drug administration;	1352

(3) Any person who sells, offers for sale, prescribes,	1353
dispenses, or administers for livestock or other nonhuman species	1354
an anabolic steroid that is expressly intended for administration	1355
through implants to livestock or other nonhuman species and	1356
approved for that purpose under the "Federal Food, Drug, and	1357
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1358
and is sold, offered for sale, prescribed, dispensed, or	1359
administered for that purpose in accordance with that act.	1360

(C) Whoever violates division (A) of this section is guilty	1361
of one of the following:	1362

(1) If the drug involved in the violation is any compound,	1363
mixture, preparation, or substance included in schedule I or	1364
schedule II, with the exception of marihuana,	1365
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1366
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1367
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1368
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1369
cocaine, L.S.D., heroin, and hashish, whoever violates division	1370
(A) of this section is guilty of aggravated trafficking in drugs.	1371
The penalty for the offense shall be determined as follows:	1372

(a) Except as otherwise provided in division (C)(1)(b), (c),	1373
(d), (e), or (f) of this section, aggravated trafficking in drugs	1374
is a felony of the fourth degree, and division (C) of section	1375
2929.13 of the Revised Code applies in determining whether to	1376
impose a prison term on the offender.	1377

(b) Except as otherwise provided in division (C)(1)(c), (d),	1378
(e), or (f) of this section, if the offense was committed in the	1379
vicinity of a school or in the vicinity of a juvenile, aggravated	1380
trafficking in drugs is a felony of the third degree, and division	1381
(C) of section 2929.13 of the Revised Code applies in determining	1382
whether to impose a prison term on the offender.	1383

(c) Except as otherwise provided in this division, if the	1384
amount of the drug involved equals or exceeds the bulk amount but	1385
is less than five times the bulk amount, aggravated trafficking in	1386
drugs is a felony of the third degree, and, except as otherwise	1387
provided in this division, there is a presumption for a prison	1388
term for the offense. If aggravated trafficking in drugs is a	1389
felony of the third degree under this division and if the offender	1390
two or more times previously has been convicted of or pleaded	1391
guilty to a felony drug abuse offense, the court shall impose as a	1392
mandatory prison term one of the prison terms prescribed for a	1393
felony of the third degree. If the amount of the drug involved is	1394
within that range and if the offense was committed in the vicinity	1395
of a school or in the vicinity of a juvenile, aggravated	1396
trafficking in drugs is a felony of the second degree, and the	1397
court shall impose as a mandatory prison term one of the prison	1398
terms prescribed for a felony of the second degree.	1399

(d) Except as otherwise provided in this division, if the	1400
amount of the drug involved equals or exceeds five times the bulk	1401
amount but is less than fifty times the bulk amount, aggravated	1402
trafficking in drugs is a felony of the second degree, and the	1403
court shall impose as a mandatory prison term one of the prison	1404
terms prescribed for a felony of the second degree. If the amount	1405
of the drug involved is within that range and if the offense was	1406
committed in the vicinity of a school or in the vicinity of a	1407
juvenile, aggravated trafficking in drugs is a felony of the first	1408
degree, and the court shall impose as a mandatory prison term one	1409
of the prison terms prescribed for a felony of the first degree.	1410

(e) If the amount of the drug involved equals or exceeds	1411
fifty times the bulk amount but is less than one hundred times the	1412
bulk amount and regardless of whether the offense was committed in	1413
the vicinity of a school or in the vicinity of a juvenile,	1414
aggravated trafficking in drugs is a felony of the first degree,	1415
and the court shall impose as a mandatory prison term one of the	1416
prison terms prescribed for a felony of the first degree.	1417

(f) If the amount of the drug involved equals or exceeds one	1418
hundred times the bulk amount and regardless of whether the	1419
offense was committed in the vicinity of a school or in the	1420
vicinity of a juvenile, aggravated trafficking in drugs is a	1421
felony of the first degree, the offender is a major drug offender,	1422
and the court shall impose as a mandatory prison term the maximum	1423
prison term prescribed for a felony of the first degree.	1424

(2) If the drug involved in the violation is any compound,	1425
mixture, preparation, or substance included in schedule III, IV,	1426
or V, whoever violates division (A) of this section is guilty of	1427
trafficking in drugs. The penalty for the offense shall be	1428
determined as follows:	1429

(a) Except as otherwise provided in division (C)(2)(b), (c),	1430
(d), or (e) of this section, trafficking in drugs is a felony of	1431
the fifth degree, and division ~~(C)~~(B) of section 2929.13 of the	1432
Revised Code applies in determining whether to impose a prison	1433
term on the offender.	1434

(b) Except as otherwise provided in division (C)(2)(c), (d),	1435
or (e) of this section, if the offense was committed in the	1436
vicinity of a school or in the vicinity of a juvenile, trafficking	1437
in drugs is a felony of the fourth degree, and division (C) of	1438
section 2929.13 of the Revised Code applies in determining whether	1439
to impose a prison term on the offender.	1440

(c) Except as otherwise provided in this division, if the	1441
amount of the drug involved equals or exceeds the bulk amount but	1442
is less than five times the bulk amount, trafficking in drugs is a	1443
felony of the fourth degree, and division (B) of section 2929.13	1444
of the Revised Code applies in determining whether to impose a	1445
prison term for the offense. If the amount of the drug involved is	1446
within that range and if the offense was committed in the vicinity	1447
of a school or in the vicinity of a juvenile, trafficking in drugs	1448
is a felony of the third degree, and there is a presumption for a	1449
prison term for the offense.	1450

(d) Except as otherwise provided in this division, if the	1451
amount of the drug involved equals or exceeds five times the bulk	1452
amount but is less than fifty times the bulk amount, trafficking	1453
in drugs is a felony of the third degree, and there is a	1454
presumption for a prison term for the offense. If the amount of	1455
the drug involved is within that range and if the offense was	1456
committed in the vicinity of a school or in the vicinity of a	1457
juvenile, trafficking in drugs is a felony of the second degree,	1458
and there is a presumption for a prison term for the offense.	1459

(e) Except as otherwise provided in this division, if the	1460
amount of the drug involved equals or exceeds fifty times the bulk	1461
amount, trafficking in drugs is a felony of the second degree, and	1462
the court shall impose as a mandatory prison term one of the	1463
prison terms prescribed for a felony of the second degree. If the	1464
amount of the drug involved equals or exceeds fifty times the bulk	1465
amount and if the offense was committed in the vicinity of a	1466
school or in the vicinity of a juvenile, trafficking in drugs is a	1467
felony of the first degree, and the court shall impose as a	1468
mandatory prison term one of the prison terms prescribed for a	1469
felony of the first degree.	1470

(3) If the drug involved in the violation is marihuana or a	1471
compound, mixture, preparation, or substance containing marihuana	1472
other than hashish, whoever violates division (A) of this section	1473
is guilty of trafficking in marihuana. The penalty for the offense	1474
shall be determined as follows:	1475

(a) Except as otherwise provided in division (C)(3)(b), (c),	1476
(d), (e), (f), (g), or (h) of this section, trafficking in	1477
marihuana is a felony of the fifth degree, and division (B) of	1478
section 2929.13 of the Revised Code applies in determining whether	1479
to impose a prison term on the offender.	1480

(b) Except as otherwise provided in division (C)(3)(c), (d),	1481
(e), (f), (g), or (h) of this section, if the offense was	1482
committed in the vicinity of a school or in the vicinity of a	1483
juvenile, trafficking in marihuana is a felony of the fourth	1484
degree, and division (B) of section 2929.13 of the Revised Code	1485
applies in determining whether to impose a prison term on the	1486
offender.	1487

(c) Except as otherwise provided in this division, if the	1488
amount of the drug involved equals or exceeds two hundred grams	1489
but is less than one thousand grams, trafficking in marihuana is a	1490
felony of the fourth degree, and division (B) of section 2929.13	1491
of the Revised Code applies in determining whether to impose a	1492
prison term on the offender. If the amount of the drug involved is	1493
within that range and if the offense was committed in the vicinity	1494
of a school or in the vicinity of a juvenile, trafficking in	1495
marihuana is a felony of the third degree, and division (C) of	1496
section 2929.13 of the Revised Code applies in determining whether	1497
to impose a prison term on the offender.	1498

(d) Except as otherwise provided in this division, if the	1499
amount of the drug involved equals or exceeds one thousand grams	1500
but is less than five thousand grams, trafficking in marihuana is	1501
a felony of the third degree, and division (C) of section 2929.13	1502
of the Revised Code applies in determining whether to impose a	1503
prison term on the offender. If the amount of the drug involved is	1504
within that range and if the offense was committed in the vicinity	1505
of a school or in the vicinity of a juvenile, trafficking in	1506
marihuana is a felony of the second degree, and there is a	1507
presumption that a prison term shall be imposed for the offense.	1508

(e) Except as otherwise provided in this division, if the	1509
amount of the drug involved equals or exceeds five thousand grams	1510
but is less than twenty thousand grams, trafficking in marihuana	1511
is a felony of the third degree, and there is a presumption that a	1512
prison term shall be imposed for the offense. If the amount of the	1513
drug involved is within that range and if the offense was	1514
committed in the vicinity of a school or in the vicinity of a	1515
juvenile, trafficking in marihuana is a felony of the second	1516
degree, and there is a presumption that a prison term shall be	1517
imposed for the offense.	1518

(f) Except as otherwise provided in this division, if the	1519
amount of the drug involved equals or exceeds twenty thousand	1520
grams but is less than forty thousand grams, trafficking in	1521
marihuana is a felony of the second degree, and the court shall	1522
impose a mandatory prison term of five, six, seven, or eight	1523
years. If the amount of the drug involved is within that range and	1524
if the offense was committed in the vicinity of a school or in the	1525
vicinity of a juvenile, trafficking in marihuana is a felony of	1526
the first degree, and the court shall impose as a mandatory prison	1527
term the maximum prison term prescribed for a felony of the first	1528
degree.	1529

(g) Except as otherwise provided in this division, if the	1530
amount of the drug involved equals or exceeds forty thousand	1531
grams, trafficking in marihuana is a felony of the second degree,	1532
and the court shall impose as a mandatory prison term the maximum	1533
prison term prescribed for a felony of the second degree. If the	1534
amount of the drug involved equals or exceeds forty thousand grams	1535
and if the offense was committed in the vicinity of a school or in	1536
the vicinity of a juvenile, trafficking in marihuana is a felony	1537
of the first degree, and the court shall impose as a mandatory	1538
prison term the maximum prison term prescribed for a felony of the	1539
first degree.	1540

(h) Except as otherwise provided in this division, if the	1541
offense involves a gift of twenty grams or less of marihuana,	1542
trafficking in marihuana is a minor misdemeanor upon a first	1543
offense and a misdemeanor of the third degree upon a subsequent	1544
offense. If the offense involves a gift of twenty grams or less of	1545
marihuana and if the offense was committed in the vicinity of a	1546
school or in the vicinity of a juvenile, trafficking in marihuana	1547
is a misdemeanor of the third degree.	1548

(4) If the drug involved in the violation is cocaine or a	1549
compound, mixture, preparation, or substance containing cocaine,	1550
whoever violates division (A) of this section is guilty of	1551
trafficking in cocaine. The penalty for the offense shall be	1552
determined as follows:	1553

(a) Except as otherwise provided in division (C)(4)(b), (c),	1554
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	1555
felony of the fifth degree, and division ~~(C)~~(B) of section 2929.13	1556
of the Revised Code applies in determining whether to impose a	1557
prison term on the offender.	1558

(b) Except as otherwise provided in division (C)(4)(c), (d),	1559
(e), (f), or (g) of this section, if the offense was committed in	1560
the vicinity of a school or in the vicinity of a juvenile,	1561
trafficking in cocaine is a felony of the fourth degree, and	1562
division (C) of section 2929.13 of the Revised Code applies in	1563
determining whether to impose a prison term on the offender.	1564

(c) Except as otherwise provided in this division, if the	1565
amount of the drug involved equals or exceeds five grams but is	1566
less than ten grams of cocaine, trafficking in cocaine is a felony	1567
of the fourth degree, and division (B) of section 2929.13 of the	1568
Revised Code applies in determining whether to impose a prison	1569
term for the offense. If the amount of the drug involved is within	1570
that range and if the offense was committed in the vicinity of a	1571
school or in the vicinity of a juvenile, trafficking in cocaine is	1572
a felony of the third degree, and there is a presumption for a	1573
prison term for the offense.	1574

(d) Except as otherwise provided in this division, if the	1575
amount of the drug involved equals or exceeds ten grams but is	1576
less than twenty grams of cocaine, trafficking in cocaine is a	1577
felony of the third degree, and, except as otherwise provided in	1578
this division, there is a presumption for a prison term for the	1579
offense. If trafficking in cocaine is a felony of the third degree	1580
under this division and if the offender two or more times	1581
previously has been convicted of or pleaded guilty to a felony	1582
drug abuse offense, the court shall impose as a mandatory prison	1583
term one of the prison terms prescribed for a felony of the third	1584
degree. If the amount of the drug involved is within that range	1585
and if the offense was committed in the vicinity of a school or in	1586
the vicinity of a juvenile, trafficking in cocaine is a felony of	1587
the second degree, and the court shall impose as a mandatory	1588
prison term one of the prison terms prescribed for a felony of the	1589
second degree.	1590

(e) Except as otherwise provided in this division, if the	1591
amount of the drug involved equals or exceeds twenty grams but is	1592
less than twenty-seven grams of cocaine, trafficking in cocaine is	1593
a felony of the second degree, and the court shall impose as a	1594
mandatory prison term one of the prison terms prescribed for a	1595
felony of the second degree. If the amount of the drug involved is	1596
within that range and if the offense was committed in the vicinity	1597
of a school or in the vicinity of a juvenile, trafficking in	1598
cocaine is a felony of the first degree, and the court shall	1599
impose as a mandatory prison term one of the prison terms	1600
prescribed for a felony of the first degree.	1601

(f) If the amount of the drug involved equals or exceeds	1602
twenty-seven grams but is less than one hundred grams of cocaine	1603
and regardless of whether the offense was committed in the	1604
vicinity of a school or in the vicinity of a juvenile, trafficking	1605
in cocaine is a felony of the first degree, and the court shall	1606
impose as a mandatory prison term one of the prison terms	1607
prescribed for a felony of the first degree.	1608

(g) If the amount of the drug involved equals or exceeds one	1609
hundred grams of cocaine and regardless of whether the offense was	1610
committed in the vicinity of a school or in the vicinity of a	1611
juvenile, trafficking in cocaine is a felony of the first degree,	1612
the offender is a major drug offender, and the court shall impose	1613
as a mandatory prison term the maximum prison term prescribed for	1614
a felony of the first degree.	1615

(5) If the drug involved in the violation is L.S.D. or a	1616
compound, mixture, preparation, or substance containing L.S.D.,	1617
whoever violates division (A) of this section is guilty of	1618
trafficking in L.S.D. The penalty for the offense shall be	1619
determined as follows:	1620

(a) Except as otherwise provided in division (C)(5)(b), (c),	1621
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	1622
felony of the fifth degree, and division ~~(C)~~(B) of section 2929.13	1623
of the Revised Code applies in determining whether to impose a	1624
prison term on the offender.	1625

(b) Except as otherwise provided in division (C)(5)(c), (d),	1626
(e), (f), or (g) of this section, if the offense was committed in	1627
the vicinity of a school or in the vicinity of a juvenile,	1628
trafficking in L.S.D. is a felony of the fourth degree, and	1629
division (C) of section 2929.13 of the Revised Code applies in	1630
determining whether to impose a prison term on the offender.	1631

(c) Except as otherwise provided in this division, if the	1632
amount of the drug involved equals or exceeds ten unit doses but	1633
is less than fifty unit doses of L.S.D. in a solid form or equals	1634
or exceeds one gram but is less than five grams of L.S.D. in a	1635
liquid concentrate, liquid extract, or liquid distillate form,	1636
trafficking in L.S.D. is a felony of the fourth degree, and	1637
division (B) of section 2929.13 of the Revised Code applies in	1638
determining whether to impose a prison term for the offense. If	1639
the amount of the drug involved is within that range and if the	1640
offense was committed in the vicinity of a school or in the	1641
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	1642
third degree, and there is a presumption for a prison term for the	1643
offense.	1644

(d) Except as otherwise provided in this division, if the	1645
amount of the drug involved equals or exceeds fifty unit doses but	1646
is less than two hundred fifty unit doses of L.S.D. in a solid	1647
form or equals or exceeds five grams but is less than twenty-five	1648
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	1649
distillate form, trafficking in L.S.D. is a felony of the third	1650
degree, and, except as otherwise provided in this division, there	1651
is a presumption for a prison term for the offense. If trafficking	1652
in L.S.D. is a felony of the third degree under this division and	1653
if the offender two or more times previously has been convicted of	1654
or pleaded guilty to a felony drug abuse offense, the court shall	1655
impose as a mandatory prison term one of the prison terms	1656
prescribed for a felony of the third degree. If the amount of the	1657
drug involved is within that range and if the offense was	1658
committed in the vicinity of a school or in the vicinity of a	1659
juvenile, trafficking in L.S.D. is a felony of the second degree,	1660
and the court shall impose as a mandatory prison term one of the	1661
prison terms prescribed for a felony of the second degree.	1662

(e) Except as otherwise provided in this division, if the	1663
amount of the drug involved equals or exceeds two hundred fifty	1664
unit doses but is less than one thousand unit doses of L.S.D. in a	1665
solid form or equals or exceeds twenty-five grams but is less than	1666
one hundred grams of L.S.D. in a liquid concentrate, liquid	1667
extract, or liquid distillate form, trafficking in L.S.D. is a	1668
felony of the second degree, and the court shall impose as a	1669
mandatory prison term one of the prison terms prescribed for a	1670
felony of the second degree. If the amount of the drug involved is	1671
within that range and if the offense was committed in the vicinity	1672
of a school or in the vicinity of a juvenile, trafficking in	1673
L.S.D. is a felony of the first degree, and the court shall impose	1674
as a mandatory prison term one of the prison terms prescribed for	1675
a felony of the first degree.	1676

(f) If the amount of the drug involved equals or exceeds one	1677
thousand unit doses but is less than five thousand unit doses of	1678
L.S.D. in a solid form or equals or exceeds one hundred grams but	1679
is less than five hundred grams of L.S.D. in a liquid concentrate,	1680
liquid extract, or liquid distillate form and regardless of	1681
whether the offense was committed in the vicinity of a school or	1682
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	1683
of the first degree, and the court shall impose as a mandatory	1684
prison term one of the prison terms prescribed for a felony of the	1685
first degree.	1686

(g) If the amount of the drug involved equals or exceeds five	1687
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1688
five hundred grams of L.S.D. in a liquid concentrate, liquid	1689
extract, or liquid distillate form and regardless of whether the	1690
offense was committed in the vicinity of a school or in the	1691
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	1692
first degree, the offender is a major drug offender, and the court	1693
shall impose as a mandatory prison term the maximum prison term	1694
prescribed for a felony of the first degree.	1695

(6) If the drug involved in the violation is heroin or a	1696
compound, mixture, preparation, or substance containing heroin,	1697
whoever violates division (A) of this section is guilty of	1698
trafficking in heroin. The penalty for the offense shall be	1699
determined as follows:	1700

(a) Except as otherwise provided in division (C)(6)(b), (c),	1701
(d), (e), (f), or (g) of this section, trafficking in heroin is a	1702
felony of the fifth degree, and division ~~(C)~~(B) of section 2929.13	1703
of the Revised Code applies in determining whether to impose a	1704
prison term on the offender.	1705

(b) Except as otherwise provided in division (C)(6)(c), (d),	1706
(e), (f), or (g) of this section, if the offense was committed in	1707
the vicinity of a school or in the vicinity of a juvenile,	1708
trafficking in heroin is a felony of the fourth degree, and	1709
division (C) of section 2929.13 of the Revised Code applies in	1710
determining whether to impose a prison term on the offender.	1711

(c) Except as otherwise provided in this division, if the	1712
amount of the drug involved equals or exceeds ten unit doses but	1713
is less than fifty unit doses or equals or exceeds one gram but is	1714
less than five grams, trafficking in heroin is a felony of the	1715
fourth degree, and division (B) of section 2929.13 of the Revised	1716
Code applies in determining whether to impose a prison term for	1717
the offense. If the amount of the drug involved is within that	1718
range and if the offense was committed in the vicinity of a school	1719
or in the vicinity of a juvenile, trafficking in heroin is a	1720
felony of the third degree, and there is a presumption for a	1721
prison term for the offense.	1722

(d) Except as otherwise provided in this division, if the	1723
amount of the drug involved equals or exceeds fifty unit doses but	1724
is less than one hundred unit doses or equals or exceeds five	1725
grams but is less than ten grams, trafficking in heroin is a	1726
felony of the third degree, and there is a presumption for a	1727
prison term for the offense. If the amount of the drug involved is	1728
within that range and if the offense was committed in the vicinity	1729
of a school or in the vicinity of a juvenile, trafficking in	1730
heroin is a felony of the second degree, and there is a	1731
presumption for a prison term for the offense.	1732

(e) Except as otherwise provided in this division, if the	1733
amount of the drug involved equals or exceeds one hundred unit	1734
doses but is less than five hundred unit doses or equals or	1735
exceeds ten grams but is less than fifty grams, trafficking in	1736
heroin is a felony of the second degree, and the court shall	1737
impose as a mandatory prison term one of the prison terms	1738
prescribed for a felony of the second degree. If the amount of the	1739
drug involved is within that range and if the offense was	1740
committed in the vicinity of a school or in the vicinity of a	1741
juvenile, trafficking in heroin is a felony of the first degree,	1742
and the court shall impose as a mandatory prison term one of the	1743
prison terms prescribed for a felony of the first degree.	1744

(f) If the amount of the drug involved equals or exceeds five	1745
hundred unit doses but is less than two thousand five hundred unit	1746
doses or equals or exceeds fifty grams but is less than two	1747
hundred fifty grams and regardless of whether the offense was	1748
committed in the vicinity of a school or in the vicinity of a	1749
juvenile, trafficking in heroin is a felony of the first degree,	1750
and the court shall impose as a mandatory prison term one of the	1751
prison terms prescribed for a felony of the first degree.	1752

(g) If the amount of the drug involved equals or exceeds two	1753
thousand five hundred unit doses or equals or exceeds two hundred	1754
fifty grams and regardless of whether the offense was committed in	1755
the vicinity of a school or in the vicinity of a juvenile,	1756
trafficking in heroin is a felony of the first degree, the	1757
offender is a major drug offender, and the court shall impose as a	1758
mandatory prison term the maximum prison term prescribed for a	1759
felony of the first degree.	1760

(7) If the drug involved in the violation is hashish or a	1761
compound, mixture, preparation, or substance containing hashish,	1762
whoever violates division (A) of this section is guilty of	1763
trafficking in hashish. The penalty for the offense shall be	1764
determined as follows:	1765

(a) Except as otherwise provided in division (C)(7)(b), (c),	1766
(d), (e), (f), or (g) of this section, trafficking in hashish is a	1767
felony of the fifth degree, and division (B) of section 2929.13 of	1768
the Revised Code applies in determining whether to impose a prison	1769
term on the offender.	1770

(b) Except as otherwise provided in division (C)(7)(c), (d),	1771
(e), (f), or (g) of this section, if the offense was committed in	1772
the vicinity of a school or in the vicinity of a juvenile,	1773
trafficking in hashish is a felony of the fourth degree, and	1774
division (B) of section 2929.13 of the Revised Code applies in	1775
determining whether to impose a prison term on the offender.	1776

(c) Except as otherwise provided in this division, if the	1777
amount of the drug involved equals or exceeds ten grams but is	1778
less than fifty grams of hashish in a solid form or equals or	1779
exceeds two grams but is less than ten grams of hashish in a	1780
liquid concentrate, liquid extract, or liquid distillate form,	1781
trafficking in hashish is a felony of the fourth degree, and	1782
division (B) of section 2929.13 of the Revised Code applies in	1783
determining whether to impose a prison term on the offender. If	1784
the amount of the drug involved is within that range and if the	1785
offense was committed in the vicinity of a school or in the	1786
vicinity of a juvenile, trafficking in hashish is a felony of the	1787
third degree, and division (C) of section 2929.13 of the Revised	1788
Code applies in determining whether to impose a prison term on the	1789
offender.	1790

(d) Except as otherwise provided in this division, if the	1791
amount of the drug involved equals or exceeds fifty grams but is	1792
less than two hundred fifty grams of hashish in a solid form or	1793
equals or exceeds ten grams but is less than fifty grams of	1794
hashish in a liquid concentrate, liquid extract, or liquid	1795
distillate form, trafficking in hashish is a felony of the third	1796
degree, and division (C) of section 2929.13 of the Revised Code	1797
applies in determining whether to impose a prison term on the	1798
offender. If the amount of the drug involved is within that range	1799
and if the offense was committed in the vicinity of a school or in	1800
the vicinity of a juvenile, trafficking in hashish is a felony of	1801
the second degree, and there is a presumption that a prison term	1802
shall be imposed for the offense.	1803

(e) Except as otherwise provided in this division, if the	1804
amount of the drug involved equals or exceeds two hundred fifty	1805
grams but is less than one thousand grams of hashish in a solid	1806
form or equals or exceeds fifty grams but is less than two hundred	1807
grams of hashish in a liquid concentrate, liquid extract, or	1808
liquid distillate form, trafficking in hashish is a felony of the	1809
third degree, and there is a presumption that a prison term shall	1810
be imposed for the offense. If the amount of the drug involved is	1811
within that range and if the offense was committed in the vicinity	1812
of a school or in the vicinity of a juvenile, trafficking in	1813
hashish is a felony of the second degree, and there is a	1814
presumption that a prison term shall be imposed for the offense.	1815

(f) Except as otherwise provided in this division, if the	1816
amount of the drug involved equals or exceeds one thousand grams	1817
but is less than two thousand grams of hashish in a solid form or	1818
equals or exceeds two hundred grams but is less than four hundred	1819
grams of hashish in a liquid concentrate, liquid extract, or	1820
liquid distillate form, trafficking in hashish is a felony of the	1821
second degree, and the court shall impose a mandatory prison term	1822
of five, six, seven, or eight years. If the amount of the drug	1823
involved is within that range and if the offense was committed in	1824
the vicinity of a school or in the vicinity of a juvenile,	1825
trafficking in hashish is a felony of the first degree, and the	1826
court shall impose as a mandatory prison term the maximum prison	1827
term prescribed for a felony of the first degree.	1828

(g) Except as otherwise provided in this division, if the	1829
amount of the drug involved equals or exceeds two thousand grams	1830
of hashish in a solid form or equals or exceeds four hundred grams	1831
of hashish in a liquid concentrate, liquid extract, or liquid	1832
distillate form, trafficking in hashish is a felony of the second	1833
degree, and the court shall impose as a mandatory prison term the	1834
maximum prison term prescribed for a felony of the second degree.	1835
If the amount of the drug involved equals or exceeds two thousand	1836
grams of hashish in a solid form or equals or exceeds four hundred	1837
grams of hashish in a liquid concentrate, liquid extract, or	1838
liquid distillate form and if the offense was committed in the	1839
vicinity of a school or in the vicinity of a juvenile, trafficking	1840
in hashish is a felony of the first degree, and the court shall	1841
impose as a mandatory prison term the maximum prison term	1842
prescribed for a felony of the first degree.	1843

(8) If the drug involved in the violation is	1844
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1845
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1846
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1847
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a	1848
compound, mixture, preparation, or substance containing	1849
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1850
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1851
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1852
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1853
whoever violates division (A) of this section is guilty of	1854
trafficking in spice. The penalty for the offense shall be	1855
determined as follows:	1856

(a) Except as otherwise provided in division (C)(8)(b) of	1857
this section, trafficking in spice is a felony of the fifth	1858
degree, and division (C) of section 2929.13 of the Revised Code	1859
applies in determining whether to impose a prison term on the	1860
offender.	1861

(b) If the offense was committed in the vicinity of a school	1862
or in the vicinity of a juvenile, trafficking in spice is a felony	1863
of the fourth degree, and division (C) of section 2929.13 of the	1864
Revised Code applies in determining whether to impose a prison	1865
term on the offender.	1866

(D) In addition to any prison term authorized or required by	1867
division (C) of this section and sections 2929.13 and 2929.14 of	1868
the Revised Code, and in addition to any other sanction imposed	1869
for the offense under this section or sections 2929.11 to 2929.18	1870
of the Revised Code, the court that sentences an offender who is	1871
convicted of or pleads guilty to a violation of division (A) of	1872
this section shall do all of the following that are applicable	1873
regarding the offender:	1874

(1) If the violation of division (A) of this section is a	1875
felony of the first, second, or third degree, the court shall	1876
impose upon the offender the mandatory fine specified for the	1877
offense under division (B)(1) of section 2929.18 of the Revised	1878
Code unless, as specified in that division, the court determines	1879
that the offender is indigent. Except as otherwise provided in	1880
division (H)(1) of this section, a mandatory fine or any other	1881
fine imposed for a violation of this section is subject to	1882
division (F) of this section. If a person is charged with a	1883
violation of this section that is a felony of the first, second,	1884
or third degree, posts bail, and forfeits the bail, the clerk of	1885
the court shall pay the forfeited bail pursuant to divisions	1886
(D)(1) and (F) of this section, as if the forfeited bail was a	1887
fine imposed for a violation of this section. If any amount of the	1888
forfeited bail remains after that payment and if a fine is imposed	1889
under division (H)(1) of this section, the clerk of the court	1890
shall pay the remaining amount of the forfeited bail pursuant to	1891
divisions (H)(2) and (3) of this section, as if that remaining	1892
amount was a fine imposed under division (H)(1) of this section.	1893

(2) The court shall suspend the driver's or commercial	1894
driver's license or permit of the offender in accordance with	1895
division (G) of this section.	1896

(3) If the offender is a professionally licensed person, the	1897
court immediately shall comply with section 2925.38 of the Revised	1898
Code.	1899

(E) When a person is charged with the sale of or offer to	1900
sell a bulk amount or a multiple of a bulk amount of a controlled	1901
substance, the jury, or the court trying the accused, shall	1902
determine the amount of the controlled substance involved at the	1903
time of the offense and, if a guilty verdict is returned, shall	1904
return the findings as part of the verdict. In any such case, it	1905
is unnecessary to find and return the exact amount of the	1906
controlled substance involved, and it is sufficient if the finding	1907
and return is to the effect that the amount of the controlled	1908
substance involved is the requisite amount, or that the amount of	1909
the controlled substance involved is less than the requisite	1910
amount.	1911

(F)(1) Notwithstanding any contrary provision of section	1912
3719.21 of the Revised Code and except as provided in division (H)	1913
of this section, the clerk of the court shall pay any mandatory	1914
fine imposed pursuant to division (D)(1) of this section and any	1915
fine other than a mandatory fine that is imposed for a violation	1916
of this section pursuant to division (A) or (B)(5) of section	1917
2929.18 of the Revised Code to the county, township, municipal	1918
corporation, park district, as created pursuant to section 511.18	1919
or 1545.04 of the Revised Code, or state law enforcement agencies	1920
in this state that primarily were responsible for or involved in	1921
making the arrest of, and in prosecuting, the offender. However,	1922
the clerk shall not pay a mandatory fine so imposed to a law	1923
enforcement agency unless the agency has adopted a written	1924
internal control policy under division (F)(2) of this section that	1925
addresses the use of the fine moneys that it receives. Each agency	1926
shall use the mandatory fines so paid to subsidize the agency's	1927
law enforcement efforts that pertain to drug offenses, in	1928
accordance with the written internal control policy adopted by the	1929
recipient agency under division (F)(2) of this section.	1930

(2)(a) Prior to receiving any fine moneys under division	1931
(F)(1) of this section or division (B) of section 2925.42 of the	1932
Revised Code, a law enforcement agency shall adopt a written	1933
internal control policy that addresses the agency's use and	1934
disposition of all fine moneys so received and that provides for	1935
the keeping of detailed financial records of the receipts of those	1936
fine moneys, the general types of expenditures made out of those	1937
fine moneys, and the specific amount of each general type of	1938
expenditure. The policy shall not provide for or permit the	1939
identification of any specific expenditure that is made in an	1940
ongoing investigation. All financial records of the receipts of	1941
those fine moneys, the general types of expenditures made out of	1942
those fine moneys, and the specific amount of each general type of	1943
expenditure by an agency are public records open for inspection	1944
under section 149.43 of the Revised Code. Additionally, a written	1945
internal control policy adopted under this division is such a	1946
public record, and the agency that adopted it shall comply with	1947
it.	1948

(b) Each law enforcement agency that receives in any calendar	1949
year any fine moneys under division (F)(1) of this section or	1950
division (B) of section 2925.42 of the Revised Code shall prepare	1951
a report covering the calendar year that cumulates all of the	1952
information contained in all of the public financial records kept	1953
by the agency pursuant to division (F)(2)(a) of this section for	1954
that calendar year, and shall send a copy of the cumulative	1955
report, no later than the first day of March in the calendar year	1956
following the calendar year covered by the report, to the attorney	1957
general. Each report received by the attorney general is a public	1958
record open for inspection under section 149.43 of the Revised	1959
Code. Not later than the fifteenth day of April in the calendar	1960
year in which the reports are received, the attorney general shall	1961
send to the president of the senate and the speaker of the house	1962
of representatives a written notification that does all of the	1963
following:	1964

(i) Indicates that the attorney general has received from law	1965
enforcement agencies reports of the type described in this	1966
division that cover the previous calendar year and indicates that	1967
the reports were received under this division;	1968

(ii) Indicates that the reports are open for inspection under	1969
section 149.43 of the Revised Code;	1970

(iii) Indicates that the attorney general will provide a copy	1971
of any or all of the reports to the president of the senate or the	1972
speaker of the house of representatives upon request.	1973

(3) As used in division (F) of this section:

1974

(a) "Law enforcement agencies" includes, but is not limited	1975
to, the state board of pharmacy and the office of a prosecutor.	1976

(b) "Prosecutor" has the same meaning as in section 2935.01	1977
of the Revised Code.	1978

(G) When required under division (D)(2) of this section or	1979
any other provision of this chapter, the court shall suspend for	1980
not less than six months or more than five years the driver's or	1981
commercial driver's license or permit of any person who is	1982
convicted of or pleads guilty to any violation of this section or	1983
any other specified provision of this chapter. If an offender's	1984
driver's or commercial driver's license or permit is suspended	1985
pursuant to this division, the offender, at any time after the	1986
expiration of two years from the day on which the offender's	1987
sentence was imposed or from the day on which the offender finally	1988
was released from a prison term under the sentence, whichever is	1989
later, may file a motion with the sentencing court requesting	1990
termination of the suspension; upon the filing of such a motion	1991
and the court's finding of good cause for the termination, the	1992
court may terminate the suspension.	1993

(H)(1) In addition to any prison term authorized or required	1994
by division (C) of this section and sections 2929.13 and 2929.14	1995
of the Revised Code, in addition to any other penalty or sanction	1996
imposed for the offense under this section or sections 2929.11 to	1997
2929.18 of the Revised Code, and in addition to the forfeiture of	1998
property in connection with the offense as prescribed in Chapter	1999
2981. of the Revised Code, the court that sentences an offender	2000
who is convicted of or pleads guilty to a violation of division	2001
(A) of this section may impose upon the offender an additional	2002
fine specified for the offense in division (B)(4) of section	2003
2929.18 of the Revised Code. A fine imposed under division (H)(1)	2004
of this section is not subject to division (F) of this section and	2005
shall be used solely for the support of one or more eligible	2006
alcohol and drug addiction programs in accordance with divisions	2007
(H)(2) and (3) of this section.	2008

(2) The court that imposes a fine under division (H)(1) of	2009
this section shall specify in the judgment that imposes the fine	2010
one or more eligible alcohol and drug addiction programs for the	2011
support of which the fine money is to be used. No alcohol and drug	2012
addiction program shall receive or use money paid or collected in	2013
satisfaction of a fine imposed under division (H)(1) of this	2014
section unless the program is specified in the judgment that	2015
imposes the fine. No alcohol and drug addiction program shall be	2016
specified in the judgment unless the program is an eligible	2017
alcohol and drug addiction program and, except as otherwise	2018
provided in division (H)(2) of this section, unless the program is	2019
located in the county in which the court that imposes the fine is	2020
located or in a county that is immediately contiguous to the	2021
county in which that court is located. If no eligible alcohol and	2022
drug addiction program is located in any of those counties, the	2023
judgment may specify an eligible alcohol and drug addiction	2024
program that is located anywhere within this state.	2025

(3) Notwithstanding any contrary provision of section 3719.21	2026
of the Revised Code, the clerk of the court shall pay any fine	2027
imposed under division (H)(1) of this section to the eligible	2028
alcohol and drug addiction program specified pursuant to division	2029
(H)(2) of this section in the judgment. The eligible alcohol and	2030
drug addiction program that receives the fine moneys shall use the	2031
moneys only for the alcohol and drug addiction services identified	2032
in the application for certification under section 3793.06 of the	2033
Revised Code or in the application for a license under section	2034
3793.11 of the Revised Code filed with the department of alcohol	2035
and drug addiction services by the alcohol and drug addiction	2036
program specified in the judgment.	2037

(4) Each alcohol and drug addiction program that receives in	2038
a calendar year any fine moneys under division (H)(3) of this	2039
section shall file an annual report covering that calendar year	2040
with the court of common pleas and the board of county	2041
commissioners of the county in which the program is located, with	2042
the court of common pleas and the board of county commissioners of	2043
each county from which the program received the moneys if that	2044
county is different from the county in which the program is	2045
located, and with the attorney general. The alcohol and drug	2046
addiction program shall file the report no later than the first	2047
day of March in the calendar year following the calendar year in	2048
which the program received the fine moneys. The report shall	2049
include statistics on the number of persons served by the alcohol	2050
and drug addiction program, identify the types of alcohol and drug	2051
addiction services provided to those persons, and include a	2052
specific accounting of the purposes for which the fine moneys	2053
received were used. No information contained in the report shall	2054
identify, or enable a person to determine the identity of, any	2055
person served by the alcohol and drug addiction program. Each	2056
report received by a court of common pleas, a board of county	2057
commissioners, or the attorney general is a public record open for	2058
inspection under section 149.43 of the Revised Code.	2059

(5) As used in divisions (H)(1) to (5) of this section:

2060

(a) "Alcohol and drug addiction program" and "alcohol and	2061
drug addiction services" have the same meanings as in section	2062
3793.01 of the Revised Code.	2063

(b) "Eligible alcohol and drug addiction program" means an	2064
alcohol and drug addiction program that is certified under section	2065
3793.06 of the Revised Code or licensed under section 3793.11 of	2066
the Revised Code by the department of alcohol and drug addiction	2067
services.	2068

(I) As used in this section, "drug" includes any substance	2069
that is represented to be a drug.	2070

Sec. 2925.04. (A) No person shall knowingly cultivate	2071
marihuana or knowingly manufacture or otherwise engage in any part	2072
of the production of a controlled substance.	2073

(B) This section does not apply to any person listed in	2074
division (B)(1), (2), or (3) of section 2925.03 of the Revised	2075
Code to the extent and under the circumstances described in those	2076
divisions.	2077

(C)(1) Whoever commits a violation of division (A) of this	2078
section that involves any drug other than marihuana is guilty of	2079
illegal manufacture of drugs, and whoever commits a violation of	2080
division (A) of this section that involves marihuana is guilty of	2081
illegal cultivation of marihuana.	2082

(2) Except as otherwise provided in this division, if the	2083
drug involved in the violation of division (A) of this section is	2084
any compound, mixture, preparation, or substance included in	2085
schedule I or II, with the exception of methamphetamine or	2086
marihuana, illegal manufacture of drugs is a felony of the second	2087
degree, and, subject to division (E) of this section, the court	2088
shall impose as a mandatory prison term one of the prison terms	2089
prescribed for a felony of the second degree.	2090

If the drug involved in the violation is any compound,	2091
mixture, preparation, or substance included in schedule I or II,	2092
with the exception of methamphetamine or marihuana, and if the	2093
offense was committed in the vicinity of a juvenile or in the	2094
vicinity of a school, illegal manufacture of drugs is a felony of	2095
the first degree, and, subject to division (E) of this section,	2096
the court shall impose as a mandatory prison term one of the	2097
prison terms prescribed for a felony of the first degree.	2098

(3) If the drug involved in the violation of division (A) of	2099
this section is methamphetamine, the penalty for the violation	2100
shall be determined as follows:	2101

(a) Except as otherwise provided in division (C)(3)(b) of	2102
this section, if the drug involved in the violation is	2103
methamphetamine, illegal manufacture of drugs is a felony of the	2104
second degree, and, subject to division (E) of this section, the	2105
court shall impose a mandatory prison term on the offender	2106
determined in accordance with this division. Except as otherwise	2107
provided in this division, the court shall impose as a mandatory	2108
prison term one of the prison terms prescribed for a felony of the	2109
second degree that is not less than three years. If the offender	2110
previously has been convicted of or pleaded guilty to a violation	2111
of division (A) of this section, a violation of division (B)(6) of	2112
section 2919.22 of the Revised Code, or a violation of division	2113
(A) of section 2925.041 of the Revised Code, the court shall	2114
impose as a mandatory prison term one of the prison terms	2115
prescribed for a felony of the second degree that is not less than	2116
five years.	2117

(b) If the drug involved in the violation is methamphetamine	2118
and if the offense was committed in the vicinity of a juvenile, in	2119
the vicinity of a school, or on public premises, illegal	2120
manufacture of drugs is a felony of the first degree, and, subject	2121
to division (E) of this section, the court shall impose a	2122
mandatory prison term on the offender determined in accordance	2123
with this division. Except as otherwise provided in this division,	2124
the court shall impose as a mandatory prison term one of the	2125
prison terms prescribed for a felony of the first degree that is	2126
not less than four years. If the offender previously has been	2127
convicted of or pleaded guilty to a violation of division (A) of	2128
this section, a violation of division (B)(6) of section 2919.22 of	2129
the Revised Code, or a violation of division (A) of section	2130
2925.041 of the Revised Code, the court shall impose as a	2131
mandatory prison term one of the prison terms prescribed for a	2132
felony of the first degree that is not less than five years.	2133

(4) If the drug involved in the violation of division (A) of	2134
this section is any compound, mixture, preparation, or substance	2135
included in schedule III, IV, or V, illegal manufacture of drugs	2136
is a felony of the third degree or, if the offense was committed	2137
in the vicinity of a school or in the vicinity of a juvenile, a	2138
felony of the second degree, and there is a presumption for a	2139
prison term for the offense.	2140

(5) If the drug involved in the violation is marihuana, the	2141
penalty for the offense shall be determined as follows:	2142

(a) Except as otherwise provided in division (C)(5)(b), (c),	2143
(d), (e), or (f) of this section, illegal cultivation of marihuana	2144
is a minor misdemeanor or, if the offense was committed in the	2145
vicinity of a school or in the vicinity of a juvenile, a	2146
misdemeanor of the fourth degree.	2147

(b) If the amount of marihuana involved equals or exceeds one	2148
hundred grams but is less than two hundred grams, illegal	2149
cultivation of marihuana is a misdemeanor of the fourth degree or,	2150
if the offense was committed in the vicinity of a school or in the	2151
vicinity of a juvenile, a misdemeanor of the third degree.	2152

(c) If the amount of marihuana involved equals or exceeds two	2153
hundred grams but is less than one thousand grams, illegal	2154
cultivation of marihuana is a felony of the fifth degree or, if	2155
the offense was committed in the vicinity of a school or in the	2156
vicinity of a juvenile, a felony of the fourth degree, and	2157
division (B) of section 2929.13 of the Revised Code applies in	2158
determining whether to impose a prison term on the offender.	2159

(d) If the amount of marihuana involved equals or exceeds one	2160
thousand grams but is less than five thousand grams, illegal	2161
cultivation of marihuana is a felony of the third degree or, if	2162
the offense was committed in the vicinity of a school or in the	2163
vicinity of a juvenile, a felony of the second degree, and	2164
division (C) of section 2929.13 of the Revised Code applies in	2165
determining whether to impose a prison term on the offender.	2166

(e) If the amount of marihuana involved equals or exceeds	2167
five thousand grams but is less than twenty thousand grams,	2168
illegal cultivation of marihuana is a felony of the third degree	2169
or, if the offense was committed in the vicinity of a school or in	2170
the vicinity of a juvenile, a felony of the second degree, and	2171
there is a presumption for a prison term for the offense.	2172

(f) Except as otherwise provided in this division, if the	2173
amount of marihuana involved equals or exceeds twenty thousand	2174
grams, illegal cultivation of marihuana is a felony of the second	2175
degree, and the court shall impose as a mandatory prison term the	2176
maximum prison term prescribed for a felony of the second degree.	2177
If the amount of the drug involved equals or exceeds twenty	2178
thousand grams and if the offense was committed in the vicinity of	2179
a school or in the vicinity of a juvenile, illegal cultivation of	2180
marihuana is a felony of the first degree, and the court shall	2181
impose as a mandatory prison term the maximum prison term	2182
prescribed for a felony of the first degree.	2183

(D) In addition to any prison term authorized or required by	2184
division (C) or (E) of this section and sections 2929.13 and	2185
2929.14 of the Revised Code and in addition to any other sanction	2186
imposed for the offense under this section or sections 2929.11 to	2187
2929.18 of the Revised Code, the court that sentences an offender	2188
who is convicted of or pleads guilty to a violation of division	2189
(A) of this section shall do all of the following that are	2190
applicable regarding the offender:	2191

(1) If the violation of division (A) of this section is a	2192
felony of the first, second, or third degree, the court shall	2193
impose upon the offender the mandatory fine specified for the	2194
offense under division (B)(1) of section 2929.18 of the Revised	2195
Code unless, as specified in that division, the court determines	2196
that the offender is indigent. The clerk of the court shall pay a	2197
mandatory fine or other fine imposed for a violation of this	2198
section pursuant to division (A) of section 2929.18 of the Revised	2199
Code in accordance with and subject to the requirements of	2200
division (F) of section 2925.03 of the Revised Code. The agency	2201
that receives the fine shall use the fine as specified in division	2202
(F) of section 2925.03 of the Revised Code. If a person is charged	2203
with a violation of this section that is a felony of the first,	2204
second, or third degree, posts bail, and forfeits the bail, the	2205
clerk shall pay the forfeited bail as if the forfeited bail were a	2206
fine imposed for a violation of this section.	2207

(2) The court shall suspend the offender's driver's or	2208
commercial driver's license or permit in accordance with division	2209
(G) of section 2925.03 of the Revised Code. If an offender's	2210
driver's or commercial driver's license or permit is suspended in	2211
accordance with that division, the offender may request	2212
termination of, and the court may terminate, the suspension in	2213
accordance with that division.	2214

(3) If the offender is a professionally licensed person, the	2215
court immediately shall comply with section 2925.38 of the Revised	2216
Code.	2217

(E) Notwithstanding the prison term otherwise authorized or	2218
required for the offense under division (C) of this section and	2219
sections 2929.13 and 2929.14 of the Revised Code, if the violation	2220
of division (A) of this section involves the sale, offer to sell,	2221
or possession of a schedule I or II controlled substance, with the	2222
exception of marihuana, and if the court imposing sentence upon	2223
the offender finds that the offender as a result of the violation	2224
is a major drug offender and is guilty of a specification of the	2225
type described in section 2941.1410 of the Revised Code, the	2226
court, in lieu of the prison term otherwise authorized or	2227
required, shall impose upon the offender the mandatory prison term	2228
specified in division (B)(3)~~(a)~~ of section 2929.14 of the Revised	2229
Code.	2230

(F) It is an affirmative defense, as provided in section	2231
2901.05 of the Revised Code, to a charge under this section for a	2232
fifth degree felony violation of illegal cultivation of marihuana	2233
that the marihuana that gave rise to the charge is in an amount,	2234
is in a form, is prepared, compounded, or mixed with substances	2235
that are not controlled substances in a manner, or is possessed or	2236
cultivated under any other circumstances that indicate that the	2237
marihuana was solely for personal use.	2238

Notwithstanding any contrary provision of division (F) of	2239
this section, if, in accordance with section 2901.05 of the	2240
Revised Code, a person who is charged with a violation of illegal	2241
cultivation of marihuana that is a felony of the fifth degree	2242
sustains the burden of going forward with evidence of and	2243
establishes by a preponderance of the evidence the affirmative	2244
defense described in this division, the person may be prosecuted	2245
for and may be convicted of or plead guilty to a misdemeanor	2246
violation of illegal cultivation of marihuana.	2247

(G) Arrest or conviction for a minor misdemeanor violation of	2248
this section does not constitute a criminal record and need not be	2249
reported by the person so arrested or convicted in response to any	2250
inquiries about the person's criminal record, including any	2251
inquiries contained in an application for employment, a license,	2252
or any other right or privilege or made in connection with the	2253
person's appearance as a witness.	2254

Sec. 2929.01. As used in this chapter:

2255

(A)(1) "Alternative residential facility" means, subject to	2256
division (A)(2) of this section, any facility other than an	2257
offender's home or residence in which an offender is assigned to	2258
live and that satisfies all of the following criteria:	2259

(a) It provides programs through which the offender may seek	2260
or maintain employment or may receive education, training,	2261
treatment, or habilitation.	2262

(b) It has received the appropriate license or certificate	2263
for any specialized education, training, treatment, habilitation,	2264
or other service that it provides from the government agency that	2265
is responsible for licensing or certifying that type of education,	2266
training, treatment, habilitation, or service.	2267

(2) "Alternative residential facility" does not include a	2268
community-based correctional facility, jail, halfway house, or	2269
prison.	2270

(B) "Basic probation supervision" means a requirement that	2271
the offender maintain contact with a person appointed to supervise	2272
the offender in accordance with sanctions imposed by the court or	2273
imposed by the parole board pursuant to section 2967.28 of the	2274
Revised Code. "Basic probation supervision" includes basic parole	2275
supervision and basic post-release control supervision.	2276

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	2277
same meanings as in section 2925.01 of the Revised Code.	2278

(D) "Community-based correctional facility" means a	2279
community-based correctional facility and program or district	2280
community-based correctional facility and program developed	2281
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	2282

(E) "Community control sanction" means a sanction that is not	2283
a prison term and that is described in section 2929.15, 2929.16,	2284
2929.17, or 2929.18 of the Revised Code or a sanction that is not	2285
a jail term and that is described in section 2929.26, 2929.27, or	2286
2929.28 of the Revised Code. "Community control sanction" includes	2287
probation if the sentence involved was imposed for a felony that	2288
was committed prior to July 1, 1996, or if the sentence involved	2289
was imposed for a misdemeanor that was committed prior to January	2290
1, 2004.	2291

(F) "Controlled substance," "marihuana," "schedule I," and	2292
"schedule II" have the same meanings as in section 3719.01 of the	2293
Revised Code.	2294

(G) "Curfew" means a requirement that an offender during a	2295
specified period of time be at a designated place.	2296

(H) "Day reporting" means a sanction pursuant to which an	2297
offender is required each day to report to and leave a center or	2298
other approved reporting location at specified times in order to	2299
participate in work, education or training, treatment, and other	2300
approved programs at the center or outside the center.	2301

(I) "Deadly weapon" has the same meaning as in section	2302
2923.11 of the Revised Code.	2303

(J) "Drug and alcohol use monitoring" means a program under	2304
which an offender agrees to submit to random chemical analysis of	2305
the offender's blood, breath, or urine to determine whether the	2306
offender has ingested any alcohol or other drugs.	2307

(K) "Drug treatment program" means any program under which a	2308
person undergoes assessment and treatment designed to reduce or	2309
completely eliminate the person's physical or emotional reliance	2310
upon alcohol, another drug, or alcohol and another drug and under	2311
which the person may be required to receive assessment and	2312
treatment on an outpatient basis or may be required to reside at a	2313
facility other than the person's home or residence while	2314
undergoing assessment and treatment.	2315

(L) "Economic loss" means any economic detriment suffered by	2316
a victim as a direct and proximate result of the commission of an	2317
offense and includes any loss of income due to lost time at work	2318
because of any injury caused to the victim, and any property loss,	2319
medical cost, or funeral expense incurred as a result of the	2320
commission of the offense. "Economic loss" does not include	2321
non-economic loss or any punitive or exemplary damages.	2322

(M) "Education or training" includes study at, or in	2323
conjunction with a program offered by, a university, college, or	2324
technical college or vocational study and also includes the	2325
completion of primary school, secondary school, and literacy	2326
curricula or their equivalent.	2327

(N) "Firearm" has the same meaning as in section 2923.11 of	2328
the Revised Code.	2329

(O) "Halfway house" means a facility licensed by the division	2330
of parole and community services of the department of	2331
rehabilitation and correction pursuant to section 2967.14 of the	2332
Revised Code as a suitable facility for the care and treatment of	2333
adult offenders.	2334

(P) "House arrest" means a period of confinement of an	2335
offender that is in the offender's home or in other premises	2336
specified by the sentencing court or by the parole board pursuant	2337
to section 2967.28 of the Revised Code and during which all of the	2338
following apply:	2339

(1) The offender is required to remain in the offender's home	2340
or other specified premises for the specified period of	2341
confinement, except for periods of time during which the offender	2342
is at the offender's place of employment or at other premises as	2343
authorized by the sentencing court or by the parole board.	2344

(2) The offender is required to report periodically to a	2345
person designated by the court or parole board.	2346

(3) The offender is subject to any other restrictions and	2347
requirements that may be imposed by the sentencing court or by the	2348
parole board.	2349

(Q) "Intensive probation supervision" means a requirement	2350
that an offender maintain frequent contact with a person appointed	2351
by the court, or by the parole board pursuant to section 2967.28	2352
of the Revised Code, to supervise the offender while the offender	2353
is seeking or maintaining necessary employment and participating	2354
in training, education, and treatment programs as required in the	2355
court's or parole board's order. "Intensive probation supervision"	2356
includes intensive parole supervision and intensive post-release	2357
control supervision.	2358

(R) "Jail" means a jail, workhouse, minimum security jail, or	2359
other residential facility used for the confinement of alleged or	2360
convicted offenders that is operated by a political subdivision or	2361
a combination of political subdivisions of this state.	2362

(S) "Jail term" means the term in a jail that a sentencing	2363
court imposes or is authorized to impose pursuant to section	2364
2929.24 or 2929.25 of the Revised Code or pursuant to any other	2365
provision of the Revised Code that authorizes a term in a jail for	2366
a misdemeanor conviction.	2367

(T) "Mandatory jail term" means the term in a jail that a	2368
sentencing court is required to impose pursuant to division (G) of	2369
section 1547.99 of the Revised Code, division (E) of section	2370
2903.06 or division (D) of section 2903.08 of the Revised Code,	2371
division (E) or (G) of section 2929.24 of the Revised Code,	2372
division (B) of section 4510.14 of the Revised Code, or division	2373
(G) of section 4511.19 of the Revised Code or pursuant to any	2374
other provision of the Revised Code that requires a term in a jail	2375
for a misdemeanor conviction.	2376

(U) "Delinquent child" has the same meaning as in section	2377
2152.02 of the Revised Code.	2378

(V) "License violation report" means a report that is made by	2379
a sentencing court, or by the parole board pursuant to section	2380
2967.28 of the Revised Code, to the regulatory or licensing board	2381
or agency that issued an offender a professional license or a	2382
license or permit to do business in this state and that specifies	2383
that the offender has been convicted of or pleaded guilty to an	2384
offense that may violate the conditions under which the offender's	2385
professional license or license or permit to do business in this	2386
state was granted or an offense for which the offender's	2387
professional license or license or permit to do business in this	2388
state may be revoked or suspended.	2389

(W) "Major drug offender" means an offender who is convicted	2390
of or pleads guilty to the possession of, sale of, or offer to	2391
sell any drug, compound, mixture, preparation, or substance that	2392
consists of or contains at least one thousand grams of hashish; at	2393
least one hundred grams of cocaine; at least two thousand five	2394
hundred unit doses or two hundred fifty grams of heroin; at least	2395
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	2396
in a liquid concentrate, liquid extract, or liquid distillate	2397
form; or at least one hundred times the amount of any other	2398
schedule I or II controlled substance other than marihuana that is	2399
necessary to commit a felony of the third degree pursuant to	2400
section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code	2401
that is based on the possession of, sale of, or offer to sell the	2402
controlled substance.	2403

(X) "Mandatory prison term" means any of the following:

2404

(1) Subject to division (X)(2) of this section, the term in	2405
prison that must be imposed for the offenses or circumstances set	2406
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	2407
2929.13 and division (B) of section 2929.14 of the Revised Code.	2408
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	2409
and 2925.11 of the Revised Code, unless the maximum or another	2410
specific term is required under section 2929.14 or 2929.142 of the	2411
Revised Code, a mandatory prison term described in this division	2412
may be any prison term authorized for the level of offense.	2413

(2) The term of sixty or one hundred twenty days in prison	2414
that a sentencing court is required to impose for a third or	2415
fourth degree felony OVI offense pursuant to division (G)(2) of	2416
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	2417
of the Revised Code or the term of one, two, three, four, or five	2418
years in prison that a sentencing court is required to impose	2419
pursuant to division (G)(2) of section 2929.13 of the Revised	2420
Code.	2421

(3) The term in prison imposed pursuant to division (A) of	2422
section 2971.03 of the Revised Code for the offenses and in the	2423
circumstances described in division (F)(11) of section 2929.13 of	2424
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	2425
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	2426
2971.03 of the Revised Code and that term as modified or	2427
terminated pursuant to section 2971.05 of the Revised Code.	2428

(Y) "Monitored time" means a period of time during which an	2429
offender continues to be under the control of the sentencing court	2430
or parole board, subject to no conditions other than leading a	2431
law-abiding life.	2432

(Z) "Offender" means a person who, in this state, is	2433
convicted of or pleads guilty to a felony or a misdemeanor.	2434

(AA) "Prison" means a residential facility used for the	2435
confinement of convicted felony offenders that is under the	2436
control of the department of rehabilitation and correction but	2437
does not include a violation sanction center operated under	2438
authority of section 2967.141 of the Revised Code.	2439

(BB) "Prison term" includes either of the following sanctions	2440
for an offender:	2441

(1) A stated prison term;

2442

(2) A term in a prison shortened by, or with the approval of,	2443
the sentencing court pursuant to section 2929.143, 2929.20,	2444
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	2445

(CC) "Repeat violent offender" means a person about whom both	2446
of the following apply:	2447

(1) The person is being sentenced for committing or for	2448
complicity in committing any of the following:	2449

(a) Aggravated murder, murder, any felony of the first or	2450
second degree that is an offense of violence, or an attempt to	2451
commit any of these offenses if the attempt is a felony of the	2452
first or second degree;	2453

(b) An offense under an existing or former law of this state,	2454
another state, or the United States that is or was substantially	2455
equivalent to an offense described in division (CC)(1)(a) of this	2456
section.	2457

(2) The person previously was convicted of or pleaded guilty	2458
to an offense described in division (CC)(1)(a) or (b) of this	2459
section.	2460

(DD) "Sanction" means any penalty imposed upon an offender	2461
who is convicted of or pleads guilty to an offense, as punishment	2462
for the offense. "Sanction" includes any sanction imposed pursuant	2463
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	2464
2929.28 of the Revised Code.	2465

(EE) "Sentence" means the sanction or combination of	2466
sanctions imposed by the sentencing court on an offender who is	2467
convicted of or pleads guilty to an offense.	2468

(FF) "Stated prison term" means the prison term, mandatory	2469
prison term, or combination of all prison terms and mandatory	2470
prison terms imposed by the sentencing court pursuant to section	2471
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	2472
2919.25 of the Revised Code. "Stated prison term" includes any	2473
credit received by the offender for time spent in jail awaiting	2474
trial, sentencing, or transfer to prison for the offense and any	2475
time spent under house arrest or house arrest with electronic	2476
monitoring imposed after earning credits pursuant to section	2477
2967.193 of the Revised Code. If an offender is serving a prison	2478
term as a risk reduction sentence under sections 2929.143 and	2479
5120.036 of the Revised Code, "stated prison term" includes any	2480
period of time by which the prison term imposed upon the offender	2481
is shortened by the offender's successful completion of all	2482
assessment and treatment or programming pursuant to those	2483
sections.	2484

(GG) "Victim-offender mediation" means a reconciliation or	2485
mediation program that involves an offender and the victim of the	2486
offense committed by the offender and that includes a meeting in	2487
which the offender and the victim may discuss the offense, discuss	2488
restitution, and consider other sanctions for the offense.	2489

(HH) "Fourth degree felony OVI offense" means a violation of	2490
division (A) of section 4511.19 of the Revised Code that, under	2491
division (G) of that section, is a felony of the fourth degree.	2492

(II) "Mandatory term of local incarceration" means the term	2493
of sixty or one hundred twenty days in a jail, a community-based	2494
correctional facility, a halfway house, or an alternative	2495
residential facility that a sentencing court may impose upon a	2496
person who is convicted of or pleads guilty to a fourth degree	2497
felony OVI offense pursuant to division (G)(1) of section 2929.13	2498
of the Revised Code and division (G)(1)(d) or (e) of section	2499
4511.19 of the Revised Code.	2500

(JJ) "Designated homicide, assault, or kidnapping offense,"	2501
"violent sex offense," "sexual motivation specification,"	2502
"sexually violent offense," "sexually violent predator," and	2503
"sexually violent predator specification" have the same meanings	2504
as in section 2971.01 of the Revised Code.	2505

(KK) "Sexually oriented offense," "child-victim oriented	2506
offense," and "tier III sex offender/child-victim offender," have	2507
the same meanings as in section 2950.01 of the Revised Code.	2508

(LL) An offense is "committed in the vicinity of a child" if	2509
the offender commits the offense within thirty feet of or within	2510
the same residential unit as a child who is under eighteen years	2511
of age, regardless of whether the offender knows the age of the	2512
child or whether the offender knows the offense is being committed	2513
within thirty feet of or within the same residential unit as the	2514
child and regardless of whether the child actually views the	2515
commission of the offense.	2516

(MM) "Family or household member" has the same meaning as in	2517
section 2919.25 of the Revised Code.	2518

(NN) "Motor vehicle" and "manufactured home" have the same	2519
meanings as in section 4501.01 of the Revised Code.	2520

(OO) "Detention" and "detention facility" have the same	2521
meanings as in section 2921.01 of the Revised Code.	2522

(PP) "Third degree felony OVI offense" means a violation of	2523
division (A) of section 4511.19 of the Revised Code that, under	2524
division (G) of that section, is a felony of the third degree.	2525

(QQ) "Random drug testing" has the same meaning as in section	2526
5120.63 of the Revised Code.	2527

(RR) "Felony sex offense" has the same meaning as in section	2528
2967.28 of the Revised Code.	2529

(SS) "Body armor" has the same meaning as in section	2530
2941.1411 of the Revised Code.	2531

(TT) "Electronic monitoring" means monitoring through the use	2532
of an electronic monitoring device.	2533

(UU) "Electronic monitoring device" means any of the	2534
following:	2535

(1) Any device that can be operated by electrical or battery	2536
power and that conforms with all of the following:	2537

(a) The device has a transmitter that can be attached to a	2538
person, that will transmit a specified signal to a receiver of the	2539
type described in division (UU)(1)(b) of this section if the	2540
transmitter is removed from the person, turned off, or altered in	2541
any manner without prior court approval in relation to electronic	2542
monitoring or without prior approval of the department of	2543
rehabilitation and correction in relation to the use of an	2544
electronic monitoring device for an inmate on transitional control	2545
or otherwise is tampered with, that can transmit continuously and	2546
periodically a signal to that receiver when the person is within a	2547
specified distance from the receiver, and that can transmit an	2548
appropriate signal to that receiver if the person to whom it is	2549
attached travels a specified distance from that receiver.	2550

(b) The device has a receiver that can receive continuously	2551
the signals transmitted by a transmitter of the type described in	2552
division (UU)(1)(a) of this section, can transmit continuously	2553
those signals by a wireless or landline telephone connection to a	2554
central monitoring computer of the type described in division	2555
(UU)(1)(c) of this section, and can transmit continuously an	2556
appropriate signal to that central monitoring computer if the	2557
device has been turned off or altered without prior court approval	2558
or otherwise tampered with. The device is designed specifically	2559
for use in electronic monitoring, is not a converted wireless	2560
phone or another tracking device that is clearly not designed for	2561
electronic monitoring, and provides a means of text-based or voice	2562
communication with the person.	2563

(c) The device has a central monitoring computer that can	2564
receive continuously the signals transmitted by a wireless or	2565
landline telephone connection by a receiver of the type described	2566
in division (UU)(1)(b) of this section and can monitor	2567
continuously the person to whom an electronic monitoring device of	2568
the type described in division (UU)(1)(a) of this section is	2569
attached.	2570

(2) Any device that is not a device of the type described in	2571
division (UU)(1) of this section and that conforms with all of the	2572
following:	2573

(a) The device includes a transmitter and receiver that can	2574
monitor and determine the location of a subject person at any	2575
time, or at a designated point in time, through the use of a	2576
central monitoring computer or through other electronic means.	2577

(b) The device includes a transmitter and receiver that can	2578
determine at any time, or at a designated point in time, through	2579
the use of a central monitoring computer or other electronic means	2580
the fact that the transmitter is turned off or altered in any	2581
manner without prior approval of the court in relation to the	2582
electronic monitoring or without prior approval of the department	2583
of rehabilitation and correction in relation to the use of an	2584
electronic monitoring device for an inmate on transitional control	2585
or otherwise is tampered with.	2586

(3) Any type of technology that can adequately track or	2587
determine the location of a subject person at any time and that is	2588
approved by the director of rehabilitation and correction,	2589
including, but not limited to, any satellite technology, voice	2590
tracking system, or retinal scanning system that is so approved.	2591

(VV) "Non-economic loss" means nonpecuniary harm suffered by	2592
a victim of an offense as a result of or related to the commission	2593
of the offense, including, but not limited to, pain and suffering;	2594
loss of society, consortium, companionship, care, assistance,	2595
attention, protection, advice, guidance, counsel, instruction,	2596
training, or education; mental anguish; and any other intangible	2597
loss.	2598

(WW) "Prosecutor" has the same meaning as in section 2935.01	2599
of the Revised Code.	2600

(XX) "Continuous alcohol monitoring" means the ability to	2601
automatically test and periodically transmit alcohol consumption	2602
levels and tamper attempts at least every hour, regardless of the	2603
location of the person who is being monitored.	2604

(YY) A person is "adjudicated a sexually violent predator" if	2605
the person is convicted of or pleads guilty to a violent sex	2606
offense and also is convicted of or pleads guilty to a sexually	2607
violent predator specification that was included in the	2608
indictment, count in the indictment, or information charging that	2609
violent sex offense or if the person is convicted of or pleads	2610
guilty to a designated homicide, assault, or kidnapping offense	2611
and also is convicted of or pleads guilty to both a sexual	2612
motivation specification and a sexually violent predator	2613
specification that were included in the indictment, count in the	2614
indictment, or information charging that designated homicide,	2615
assault, or kidnapping offense.	2616

(ZZ) An offense is "committed in proximity to a school" if	2617
the offender commits the offense in a school safety zone or within	2618
five hundred feet of any school building or the boundaries of any	2619
school premises, regardless of whether the offender knows the	2620
offense is being committed in a school safety zone or within five	2621
hundred feet of any school building or the boundaries of any	2622
school premises.	2623

(AAA) "Human trafficking" means a scheme or plan to which all	2624
of the following apply:	2625

(1) Its object is to subject a victim or victims to	2626
involuntary servitude, as defined in section 2905.31 of the	2627
Revised Code, to compel a victim or victims to engage in sexual	2628
activity for hire, to engage in a performance that is obscene,	2629
sexually oriented, or nudity oriented, or to be a model or	2630
participant in the production of material that is obscene,	2631
sexually oriented, or nudity oriented.	2632

(2) It involves at least two felony offenses, whether or not	2633
there has been a prior conviction for any of the felony offenses,	2634
to which all of the following apply:	2635

(a) Each of the felony offenses is a violation of section	2636
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	2637
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	2638
(4), or (5) of section 2919.22 of the Revised Code or is a	2639
violation of a law of any state other than this state that is	2640
substantially similar to any of the sections or divisions of the	2641
Revised Code identified in this division.	2642

(b) At least one of the felony offenses was committed in this	2643
state.	2644

(c) The felony offenses are related to the same scheme or	2645
plan and are not isolated instances.	2646

(BBB) "Material," "nudity," "obscene," "performance," and	2647
"sexual activity" have the same meanings as in section 2907.01 of	2648
the Revised Code.	2649

(CCC) "Material that is obscene, sexually oriented, or nudity	2650
oriented" means any material that is obscene, that shows a person	2651
participating or engaging in sexual activity, masturbation, or	2652
bestiality, or that shows a person in a state of nudity.	2653

(DDD) "Performance that is obscene, sexually oriented, or	2654
nudity oriented" means any performance that is obscene, that shows	2655
a person participating or engaging in sexual activity,	2656
masturbation, or bestiality, or that shows a person in a state of	2657
nudity.	2658

Sec. 2929.14. (A) Except as provided in division (B)(1),	2659
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	2660
(H), or (J) of this section or in division (D)(6) of section	2661
2919.25 of the Revised Code and except in relation to an offense	2662
for which a sentence of death or life imprisonment is to be	2663
imposed, if the court imposing a sentence upon an offender for a	2664
felony elects or is required to impose a prison term on the	2665
offender pursuant to this chapter, the court shall impose a	2666
definite prison term that shall be one of the following:	2667

(1) For a felony of the first degree, the prison term shall	2668
be three, four, five, six, seven, eight, nine, ten, or eleven	2669
years.	2670

(2) For a felony of the second degree, the prison term shall	2671
be two, three, four, five, six, seven, or eight years.	2672

(3)(a) For a felony of the third degree that is a violation	2673
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	2674
Revised Code or that is a violation of section 2911.02 or 2911.12	2675
of the Revised Code if the offender previously has been convicted	2676
of or pleaded guilty in two or more separate proceedings to two or	2677
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	2678
of the Revised Code, the prison term shall be twelve, eighteen,	2679
twenty-four, thirty, thirty-six, forty-two, forty-eight,	2680
fifty-four, or sixty months.	2681

(b) For a felony of the third degree that is not an offense	2682
for which division (A)(3)(a) of this section applies, the prison	2683
term shall be nine, twelve, eighteen, twenty-four, thirty, or	2684
thirty-six months.	2685

(4) For a felony of the fourth degree, the prison term shall	2686
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2687
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2688

(5) For a felony of the fifth degree, the prison term shall	2689
be six, seven, eight, nine, ten, eleven, or twelve months.	2690

(B)(1)(a) Except as provided in division (B)(1)(e) of this	2691
section, if an offender who is convicted of or pleads guilty to a	2692
felony also is convicted of or pleads guilty to a specification of	2693
the type described in section 2941.141, 2941.144, or 2941.145 of	2694
the Revised Code, the court shall impose on the offender one of	2695
the following prison terms:	2696

(i) A prison term of six years if the specification is of the	2697
type described in section 2941.144 of the Revised Code that	2698
charges the offender with having a firearm that is an automatic	2699
firearm or that was equipped with a firearm muffler or silencer on	2700
or about the offender's person or under the offender's control	2701
while committing the felony;	2702

(ii) A prison term of three years if the specification is of	2703
the type described in section 2941.145 of the Revised Code that	2704
charges the offender with having a firearm on or about the	2705
offender's person or under the offender's control while committing	2706
the offense and displaying the firearm, brandishing the firearm,	2707
indicating that the offender possessed the firearm, or using it to	2708
facilitate the offense;	2709

(iii) A prison term of one year if the specification is of	2710
the type described in section 2941.141 of the Revised Code that	2711
charges the offender with having a firearm on or about the	2712
offender's person or under the offender's control while committing	2713
the felony.	2714

(b) If a court imposes a prison term on an offender under	2715
division (B)(1)(a) of this section, the prison term shall not be	2716
reduced pursuant to section 2967.19, section 2929.20, section	2717
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2718
of the Revised Code. Except as provided in division (B)(1)(g) of	2719
this section, a court shall not impose more than one prison term	2720
on an offender under division (B)(1)(a) of this section for	2721
felonies committed as part of the same act or transaction.	2722

(c) Except as provided in division (B)(1)(e) of this section,	2723
if an offender who is convicted of or pleads guilty to a violation	2724
of section 2923.161 of the Revised Code or to a felony that	2725
includes, as an essential element, purposely or knowingly causing	2726
or attempting to cause the death of or physical harm to another,	2727
also is convicted of or pleads guilty to a specification of the	2728
type described in section 2941.146 of the Revised Code that	2729
charges the offender with committing the offense by discharging a	2730
firearm from a motor vehicle other than a manufactured home, the	2731
court, after imposing a prison term on the offender for the	2732
violation of section 2923.161 of the Revised Code or for the other	2733
felony offense under division (A), (B)(2), or (B)(3) of this	2734
section, shall impose an additional prison term of five years upon	2735
the offender that shall not be reduced pursuant to section	2736
2929.20, section 2967.19, section 2967.193, or any other provision	2737
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	2738
shall not impose more than one additional prison term on an	2739
offender under division (B)(1)(c) of this section for felonies	2740
committed as part of the same act or transaction. If a court	2741
imposes an additional prison term on an offender under division	2742
(B)(1)(c) of this section relative to an offense, the court also	2743
shall impose a prison term under division (B)(1)(a) of this	2744
section relative to the same offense, provided the criteria	2745
specified in that division for imposing an additional prison term	2746
are satisfied relative to the offender and the offense.	2747

(d) If an offender who is convicted of or pleads guilty to an	2748
offense of violence that is a felony also is convicted of or	2749
pleads guilty to a specification of the type described in section	2750
2941.1411 of the Revised Code that charges the offender with	2751
wearing or carrying body armor while committing the felony offense	2752
of violence, the court shall impose on the offender a prison term	2753
of two years. The prison term so imposed, subject to divisions (C)	2754
to (I) of section 2967.19 of the Revised Code, shall not be	2755
reduced pursuant to section 2929.20, section 2967.19, section	2756
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2757
of the Revised Code. A court shall not impose more than one prison	2758
term on an offender under division (B)(1)(d) of this section for	2759
felonies committed as part of the same act or transaction. If a	2760
court imposes an additional prison term under division (B)(1)(a)	2761
or (c) of this section, the court is not precluded from imposing	2762
an additional prison term under division (B)(1)(d) of this	2763
section.	2764

(e) The court shall not impose any of the prison terms	2765
described in division (B)(1)(a) of this section or any of the	2766
additional prison terms described in division (B)(1)(c) of this	2767
section upon an offender for a violation of section 2923.12 or	2768
2923.123 of the Revised Code. The court shall not impose any of	2769
the prison terms described in division (B)(1)(a) or (b) of this	2770
section upon an offender for a violation of section 2923.122 that	2771
involves a deadly weapon that is a firearm other than a dangerous	2772
ordnance, section 2923.16, or section 2923.121 of the Revised	2773
Code. The court shall not impose any of the prison terms described	2774
in division (B)(1)(a) of this section or any of the additional	2775
prison terms described in division (B)(1)(c) of this section upon	2776
an offender for a violation of section 2923.13 of the Revised Code	2777
unless all of the following apply:	2778

(i) The offender previously has been convicted of aggravated	2779
murder, murder, or any felony of the first or second degree.	2780

(ii) Less than five years have passed since the offender was	2781
released from prison or post-release control, whichever is later,	2782
for the prior offense.	2783

(f) If an offender is convicted of or pleads guilty to a	2784
felony that includes, as an essential element, causing or	2785
attempting to cause the death of or physical harm to another and	2786
also is convicted of or pleads guilty to a specification of the	2787
type described in section 2941.1412 of the Revised Code that	2788
charges the offender with committing the offense by discharging a	2789
firearm at a peace officer as defined in section 2935.01 of the	2790
Revised Code or a corrections officer, as defined in section	2791
2941.1412 of the Revised Code, the court, after imposing a prison	2792
term on the offender for the felony offense under division (A),	2793
(B)(2), or (B)(3) of this section, shall impose an additional	2794
prison term of seven years upon the offender that shall not be	2795
reduced pursuant to section 2929.20, section 2967.19, section	2796
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2797
of the Revised Code. If an offender is convicted of or pleads	2798
guilty to two or more felonies that include, as an essential	2799
element, causing or attempting to cause the death or physical harm	2800
to another and also is convicted of or pleads guilty to a	2801
specification of the type described under division (B)(1)(f) of	2802
this section in connection with two or more of the felonies of	2803
which the offender is convicted or to which the offender pleads	2804
guilty, the sentencing court shall impose on the offender the	2805
prison term specified under division (B)(1)(f) of this section for	2806
each of two of the specifications of which the offender is	2807
convicted or to which the offender pleads guilty and, in its	2808
discretion, also may impose on the offender the prison term	2809
specified under that division for any or all of the remaining	2810
specifications. If a court imposes an additional prison term on an	2811
offender under division (B)(1)(f) of this section relative to an	2812
offense, the court shall not impose a prison term under division	2813
(B)(1)(a) or (c) of this section relative to the same offense.	2814

(g) If an offender is convicted of or pleads guilty to two or	2815
more felonies, if one or more of those felonies are aggravated	2816
murder, murder, attempted aggravated murder, attempted murder,	2817
aggravated robbery, felonious assault, or rape, and if the	2818
offender is convicted of or pleads guilty to a specification of	2819
the type described under division (B)(1)(a) of this section in	2820
connection with two or more of the felonies, the sentencing court	2821
shall impose on the offender the prison term specified under	2822
division (B)(1)(a) of this section for each of the two most	2823
serious specifications of which the offender is convicted or to	2824
which the offender pleads guilty and, in its discretion, also may	2825
impose on the offender the prison term specified under that	2826
division for any or all of the remaining specifications.	2827

(2)(a) If division (B)(2)(b) of this section does not apply,	2828
the court may impose on an offender, in addition to the longest	2829
prison term authorized or required for the offense, an additional	2830
definite prison term of one, two, three, four, five, six, seven,	2831
eight, nine, or ten years if all of the following criteria are	2832
met:	2833

(i) The offender is convicted of or pleads guilty to a	2834
specification of the type described in section 2941.149 of the	2835
Revised Code that the offender is a repeat violent offender.	2836

(ii) The offense of which the offender currently is convicted	2837
or to which the offender currently pleads guilty is aggravated	2838
murder and the court does not impose a sentence of death or life	2839
imprisonment without parole, murder, terrorism and the court does	2840
not impose a sentence of life imprisonment without parole, any	2841
felony of the first degree that is an offense of violence and the	2842
court does not impose a sentence of life imprisonment without	2843
parole, or any felony of the second degree that is an offense of	2844
violence and the trier of fact finds that the offense involved an	2845
attempt to cause or a threat to cause serious physical harm to a	2846
person or resulted in serious physical harm to a person.	2847

(iii) The court imposes the longest prison term for the	2848
offense that is not life imprisonment without parole.	2849

(iv) The court finds that the prison terms imposed pursuant	2850
to division ~~(D)~~(B)(2)(a)(iii) of this section and, if applicable,	2851
division ~~(D)~~(B)(1) or (3) of this section are inadequate to punish	2852
the offender and protect the public from future crime, because the	2853
applicable factors under section 2929.12 of the Revised Code	2854
indicating a greater likelihood of recidivism outweigh the	2855
applicable factors under that section indicating a lesser	2856
likelihood of recidivism.	2857

(v) The court finds that the prison terms imposed pursuant to	2858
division ~~(D)~~(B)(2)(a)(iii) of this section and, if applicable,	2859
division ~~(D)~~(B)(1) or (3) of this section are demeaning to the	2860
seriousness of the offense, because one or more of the factors	2861
under section 2929.12 of the Revised Code indicating that the	2862
offender's conduct is more serious than conduct normally	2863
constituting the offense are present, and they outweigh the	2864
applicable factors under that section indicating that the	2865
offender's conduct is less serious than conduct normally	2866
constituting the offense.	2867

(b) The court shall impose on an offender the longest prison	2868
term authorized or required for the offense and shall impose on	2869
the offender an additional definite prison term of one, two,	2870
three, four, five, six, seven, eight, nine, or ten years if all of	2871
the following criteria are met:	2872

(i) The offender is convicted of or pleads guilty to a	2873
specification of the type described in section 2941.149 of the	2874
Revised Code that the offender is a repeat violent offender.	2875

(ii) The offender within the preceding twenty years has been	2876
convicted of or pleaded guilty to three or more offenses described	2877
in division (CC)(1) of section 2929.01 of the Revised Code,	2878
including all offenses described in that division of which the	2879
offender is convicted or to which the offender pleads guilty in	2880
the current prosecution and all offenses described in that	2881
division of which the offender previously has been convicted or to	2882
which the offender previously pleaded guilty, whether prosecuted	2883
together or separately.	2884

(iii) The offense or offenses of which the offender currently	2885
is convicted or to which the offender currently pleads guilty is	2886
aggravated murder and the court does not impose a sentence of	2887
death or life imprisonment without parole, murder, terrorism and	2888
the court does not impose a sentence of life imprisonment without	2889
parole, any felony of the first degree that is an offense of	2890
violence and the court does not impose a sentence of life	2891
imprisonment without parole, or any felony of the second degree	2892
that is an offense of violence and the trier of fact finds that	2893
the offense involved an attempt to cause or a threat to cause	2894
serious physical harm to a person or resulted in serious physical	2895
harm to a person.	2896

(c) For purposes of division (B)(2)(b) of this section, two	2897
or more offenses committed at the same time or as part of the same	2898
act or event shall be considered one offense, and that one offense	2899
shall be the offense with the greatest penalty.	2900

(d) A sentence imposed under division (B)(2)(a) or (b) of	2901
this section shall not be reduced pursuant to section 2929.20,	2902
section 2967.19, or section 2967.193, or any other provision of	2903
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	2904
shall serve an additional prison term imposed under this section	2905
consecutively to and prior to the prison term imposed for the	2906
underlying offense.	2907

(e) When imposing a sentence pursuant to division (B)(2)(a)	2908
or (b) of this section, the court shall state its findings	2909
explaining the imposed sentence.	2910

(3) Except when an offender commits a violation of section	2911
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2912
the violation is life imprisonment or commits a violation of	2913
section 2903.02 of the Revised Code, if the offender commits a	2914
violation of section 2925.03 or 2925.11 of the Revised Code and	2915
that section classifies the offender as a major drug offender ~~and~~	2916
~~requires the imposition of a ten-year prison term on the offender~~,	2917
if the offender commits a felony violation of section 2925.02,	2918
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2919
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2920
division (C) of section 4729.51, or division (J) of section	2921
4729.54 of the Revised Code that includes the sale, offer to sell,	2922
or possession of a schedule I or II controlled substance, with the	2923
exception of marihuana, and the court imposing sentence upon the	2924
offender finds that the offender is guilty of a specification of	2925
the type described in section 2941.1410 of the Revised Code	2926
charging that the offender is a major drug offender, if the court	2927
imposing sentence upon an offender for a felony finds that the	2928
offender is guilty of corrupt activity with the most serious	2929
offense in the pattern of corrupt activity being a felony of the	2930
first degree, or if the offender is guilty of an attempted	2931
violation of section 2907.02 of the Revised Code and, had the	2932
offender completed the violation of section 2907.02 of the Revised	2933
Code that was attempted, the offender would have been subject to a	2934
sentence of life imprisonment or life imprisonment without parole	2935
for the violation of section 2907.02 of the Revised Code, the	2936
court shall impose upon the offender for the felony violation a	2937
~~ten-year~~mandatory prison term of the maximum prison term	2938
prescribed for a felony of the first degree that, subject to	2939
divisions (C) to (I) of section 2967.19 of the Revised Code,	2940
cannot be reduced pursuant to section 2929.20, section 2967.19, or	2941
any other provision of Chapter 2967. or 5120. of the Revised Code.	2942

(4) If the offender is being sentenced for a third or fourth	2943
degree felony OVI offense under division (G)(2) of section 2929.13	2944
of the Revised Code, the sentencing court shall impose upon the	2945
offender a mandatory prison term in accordance with that division.	2946
In addition to the mandatory prison term, if the offender is being	2947
sentenced for a fourth degree felony OVI offense, the court,	2948
notwithstanding division (A)(4) of this section, may sentence the	2949
offender to a definite prison term of not less than six months and	2950
not more than thirty months, and if the offender is being	2951
sentenced for a third degree felony OVI offense, the sentencing	2952
court may sentence the offender to an additional prison term of	2953
any duration specified in division (A)(3) of this section. In	2954
either case, the additional prison term imposed shall be reduced	2955
by the sixty or one hundred twenty days imposed upon the offender	2956
as the mandatory prison term. The total of the additional prison	2957
term imposed under division ~~(D)~~(B)(4) of this section plus the	2958
sixty or one hundred twenty days imposed as the mandatory prison	2959
term shall equal a definite term in the range of six months to	2960
thirty months for a fourth degree felony OVI offense and shall	2961
equal one of the authorized prison terms specified in division	2962
(A)(3) of this section for a third degree felony OVI offense. If	2963
the court imposes an additional prison term under division (B)(4)	2964
of this section, the offender shall serve the additional prison	2965
term after the offender has served the mandatory prison term	2966
required for the offense. In addition to the mandatory prison term	2967
or mandatory and additional prison term imposed as described in	2968
division (B)(4) of this section, the court also may sentence the	2969
offender to a community control sanction under section 2929.16 or	2970
2929.17 of the Revised Code, but the offender shall serve all of	2971
the prison terms so imposed prior to serving the community control	2972
sanction.	2973

If the offender is being sentenced for a fourth degree felony	2974
OVI offense under division (G)(1) of section 2929.13 of the	2975
Revised Code and the court imposes a mandatory term of local	2976
incarceration, the court may impose a prison term as described in	2977
division (A)(1) of that section.	2978

(5) If an offender is convicted of or pleads guilty to a	2979
violation of division (A)(1) or (2) of section 2903.06 of the	2980
Revised Code and also is convicted of or pleads guilty to a	2981
specification of the type described in section 2941.1414 of the	2982
Revised Code that charges that the victim of the offense is a	2983
peace officer, as defined in section 2935.01 of the Revised Code,	2984
or an investigator of the bureau of criminal identification and	2985
investigation, as defined in section 2903.11 of the Revised Code,	2986
the court shall impose on the offender a prison term of five	2987
years. If a court imposes a prison term on an offender under	2988
division (B)(5) of this section, the prison term, subject to	2989
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	2990
not be reduced pursuant to section 2929.20, section 2967.19,	2991
section 2967.193, or any other provision of Chapter 2967. or	2992
Chapter 5120. of the Revised Code. A court shall not impose more	2993
than one prison term on an offender under division (B)(5) of this	2994
section for felonies committed as part of the same act.	2995

(6) If an offender is convicted of or pleads guilty to a	2996
violation of division (A)(1) or (2) of section 2903.06 of the	2997
Revised Code and also is convicted of or pleads guilty to a	2998
specification of the type described in section 2941.1415 of the	2999
Revised Code that charges that the offender previously has been	3000
convicted of or pleaded guilty to three or more violations of	3001
division (A) or (B) of section 4511.19 of the Revised Code or an	3002
equivalent offense, as defined in section 2941.1415 of the Revised	3003
Code, or three or more violations of any combination of those	3004
divisions and offenses, the court shall impose on the offender a	3005
prison term of three years. If a court imposes a prison term on an	3006
offender under division (B)(6) of this section, the prison term,	3007
subject to divisions (C) to (I) of section 2967.19 of the Revised	3008
Code, shall not be reduced pursuant to section 2929.20, section	3009
2967.19, section 2967.193, or any other provision of Chapter 2967.	3010
or Chapter 5120. of the Revised Code. A court shall not impose	3011
more than one prison term on an offender under division (B)(6) of	3012
this section for felonies committed as part of the same act.	3013

(7)(a) If an offender is convicted of or pleads guilty to a	3014
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	3015
2923.32, division (A)(1) or (2) of section 2907.323, or division	3016
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	3017
Code and also is convicted of or pleads guilty to a specification	3018
of the type described in section 2941.1422 of the Revised Code	3019
that charges that the offender knowingly committed the offense in	3020
furtherance of human trafficking, the court shall impose on the	3021
offender a mandatory prison term that is one of the following:	3022

(i) If the offense is a felony of the first degree, a	3023
definite prison term of not less than five years and not greater	3024
than ten years;	3025

(ii) If the offense is a felony of the second or third	3026
degree, a definite prison term of not less than three years and	3027
not greater than the maximum prison term allowed for the offense	3028
by division (A) of section 2929.14 of the Revised Code;	3029

(iii) If the offense is a felony of the fourth or fifth	3030
degree, a definite prison term that is the maximum prison term	3031
allowed for the offense by division (A) of section 2929.14 of the	3032
Revised Code.	3033

(b) Subject to divisions (C) to (I) of section 2967.19 of the	3034
Revised Code, the prison term imposed under division (B)(7)(a) of	3035
this section shall not be reduced pursuant to section 2929.20,	3036
section 2967.19, section 2967.193, or any other provision of	3037
Chapter 2967. of the Revised Code. A court shall not impose more	3038
than one prison term on an offender under division (B)(7)(a) of	3039
this section for felonies committed as part of the same act,	3040
scheme, or plan.	3041

(8) If an offender is convicted of or pleads guilty to a	3042
felony violation of section 2903.11, 2903.12, or 2903.13 of the	3043
Revised Code and also is convicted of or pleads guilty to a	3044
specification of the type described in section 2941.1423 of the	3045
Revised Code that charges that the victim of the violation was a	3046
woman whom the offender knew was pregnant at the time of the	3047
violation, notwithstanding the range of prison terms prescribed in	3048
division (A) of this section for felonies of the same degree as	3049
the violation, the court shall impose on the offender a mandatory	3050
prison term that is either a definite prison term of six months or	3051
one of the prison terms prescribed in section 2929.14 of the	3052
Revised Code for felonies of the same degree as the violation.	3053

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	3054
mandatory prison term is imposed upon an offender pursuant to	3055
division (B)(1)(a) of this section for having a firearm on or	3056
about the offender's person or under the offender's control while	3057
committing a felony, if a mandatory prison term is imposed upon an	3058
offender pursuant to division (B)(1)(c) of this section for	3059
committing a felony specified in that division by discharging a	3060
firearm from a motor vehicle, or if both types of mandatory prison	3061
terms are imposed, the offender shall serve any mandatory prison	3062
term imposed under either division consecutively to any other	3063
mandatory prison term imposed under either division or under	3064
division (B)(1)(d) of this section, consecutively to and prior to	3065
any prison term imposed for the underlying felony pursuant to	3066
division (A), (B)(2), or (B)(3) of this section or any other	3067
section of the Revised Code, and consecutively to any other prison	3068
term or mandatory prison term previously or subsequently imposed	3069
upon the offender.	3070

(b) If a mandatory prison term is imposed upon an offender	3071
pursuant to division (B)(1)(d) of this section for wearing or	3072
carrying body armor while committing an offense of violence that	3073
is a felony, the offender shall serve the mandatory term so	3074
imposed consecutively to any other mandatory prison term imposed	3075
under that division or under division (B)(1)(a) or (c) of this	3076
section, consecutively to and prior to any prison term imposed for	3077
the underlying felony under division (A), (B)(2), or (B)(3) of	3078
this section or any other section of the Revised Code, and	3079
consecutively to any other prison term or mandatory prison term	3080
previously or subsequently imposed upon the offender.	3081

(c) If a mandatory prison term is imposed upon an offender	3082
pursuant to division (B)(1)(f) of this section, the offender shall	3083
serve the mandatory prison term so imposed consecutively to and	3084
prior to any prison term imposed for the underlying felony under	3085
division (A), (B)(2), or (B)(3) of this section or any other	3086
section of the Revised Code, and consecutively to any other prison	3087
term or mandatory prison term previously or subsequently imposed	3088
upon the offender.	3089

(d) If a mandatory prison term is imposed upon an offender	3090
pursuant to division (B)(7) or (8) of this section, the offender	3091
shall serve the mandatory prison term so imposed consecutively to	3092
any other mandatory prison term imposed under that division or	3093
under any other provision of law and consecutively to any other	3094
prison term or mandatory prison term previously or subsequently	3095
imposed upon the offender.	3096

(2) If an offender who is an inmate in a jail, prison, or	3097
other residential detention facility violates section 2917.02,	3098
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	3099
of section 2921.34 of the Revised Code, if an offender who is	3100
under detention at a detention facility commits a felony violation	3101
of section 2923.131 of the Revised Code, or if an offender who is	3102
an inmate in a jail, prison, or other residential detention	3103
facility or is under detention at a detention facility commits	3104
another felony while the offender is an escapee in violation of	3105
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	3106
prison term imposed upon the offender for one of those violations	3107
shall be served by the offender consecutively to the prison term	3108
or term of imprisonment the offender was serving when the offender	3109
committed that offense and to any other prison term previously or	3110
subsequently imposed upon the offender.	3111

(3) If a prison term is imposed for a violation of division	3112
(B) of section 2911.01 of the Revised Code, a violation of	3113
division (A) of section 2913.02 of the Revised Code in which the	3114
stolen property is a firearm or dangerous ordnance, or a felony	3115
violation of division (B) of section 2921.331 of the Revised Code,	3116
the offender shall serve that prison term consecutively to any	3117
other prison term or mandatory prison term previously or	3118
subsequently imposed upon the offender.	3119

(4) If multiple prison terms are imposed on an offender for	3120
convictions of multiple offenses, the court may require the	3121
offender to serve the prison terms consecutively if the court	3122
finds that the consecutive service is necessary to protect the	3123
public from future crime or to punish the offender and that	3124
consecutive sentences are not disproportionate to the seriousness	3125
of the offender's conduct and to the danger the offender poses to	3126
the public, and if the court also finds any of the following:	3127

(a) The offender committed one or more of the multiple	3128
offenses while the offender was awaiting trial or sentencing, was	3129
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3130
2929.18 of the Revised Code, or was under post-release control for	3131
a prior offense.	3132

(b) At least two of the multiple offenses were committed as	3133
part of one or more courses of conduct, and the harm caused by two	3134
or more of the multiple offenses so committed was so great or	3135
unusual that no single prison term for any of the offenses	3136
committed as part of any of the courses of conduct adequately	3137
reflects the seriousness of the offender's conduct.	3138

(c) The offender's history of criminal conduct demonstrates	3139
that consecutive sentences are necessary to protect the public	3140
from future crime by the offender.	3141

(5) If a mandatory prison term is imposed upon an offender	3142
pursuant to division (B)(5) or (6) of this section, the offender	3143
shall serve the mandatory prison term consecutively to and prior	3144
to any prison term imposed for the underlying violation of	3145
division (A)(1) or (2) of section 2903.06 of the Revised Code	3146
pursuant to division (A) of this section or section 2929.142 of	3147
the Revised Code. If a mandatory prison term is imposed upon an	3148
offender pursuant to division (B)(5) of this section, and if a	3149
mandatory prison term also is imposed upon the offender pursuant	3150
to division (B)(6) of this section in relation to the same	3151
violation, the offender shall serve the mandatory prison term	3152
imposed pursuant to division (B)(5) of this section consecutively	3153
to and prior to the mandatory prison term imposed pursuant to	3154
division (B)(6) of this section and consecutively to and prior to	3155
any prison term imposed for the underlying violation of division	3156
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	3157
division (A) of this section or section 2929.142 of the Revised	3158
Code.	3159

(6) When consecutive prison terms are imposed pursuant to	3160
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	3161
of this section, the term to be served is the aggregate of all of	3162
the terms so imposed.	3163

(D)(1) If a court imposes a prison term for a felony of the	3164
first degree, for a felony of the second degree, for a felony sex	3165
offense, or for a felony of the third degree that is not a felony	3166
sex offense and in the commission of which the offender caused or	3167
threatened to cause physical harm to a person, it shall include in	3168
the sentence a requirement that the offender be subject to a	3169
period of post-release control after the offender's release from	3170
imprisonment, in accordance with that division. If a court imposes	3171
a sentence including a prison term of a type described in this	3172
division on or after July 11, 2006, the failure of a court to	3173
include a post-release control requirement in the sentence	3174
pursuant to this division does not negate, limit, or otherwise	3175
affect the mandatory period of post-release control that is	3176
required for the offender under division (B) of section 2967.28 of	3177
the Revised Code. Section 2929.191 of the Revised Code applies if,	3178
prior to July 11, 2006, a court imposed a sentence including a	3179
prison term of a type described in this division and failed to	3180
include in the sentence pursuant to this division a statement	3181
regarding post-release control.	3182

(2) If a court imposes a prison term for a felony of the	3183
third, fourth, or fifth degree that is not subject to division	3184
(D)(1) of this section, it shall include in the sentence a	3185
requirement that the offender be subject to a period of	3186
post-release control after the offender's release from	3187
imprisonment, in accordance with that division, if the parole	3188
board determines that a period of post-release control is	3189
necessary. Section 2929.191 of the Revised Code applies if, prior	3190
to July 11, 2006, a court imposed a sentence including a prison	3191
term of a type described in this division and failed to include in	3192
the sentence pursuant to this division a statement regarding	3193
post-release control.	3194

~~(3) If a court imposes a prison term on or after the~~	3195
~~effective date of this amendment for a felony, it shall include in~~	3196
~~the sentence a statement notifying the offender that the offender~~	3197
~~may be eligible to earn days of credit under the circumstances~~	3198
~~specified in section 2967.193 of the Revised Code. The statement~~	3199
~~also shall notify the offender that days of credit are not~~	3200
~~automatically awarded under that section, but that they must be~~	3201
~~earned in the manner specified in that section. If a court fails~~	3202
~~to include the statement in the sentence, the failure does not~~	3203
~~affect the eligibility of the offender under section 2967.193 of~~	3204
~~the Revised Code to earn any days of credit as a deduction from~~	3205
~~the offender's stated prison term or otherwise render any part of~~	3206
~~that section or any action taken under that section void or~~	3207
~~voidable. The failure of a court to include in a sentence the~~	3208
~~statement described in this division does not constitute grounds~~	3209
~~for setting aside the offender's conviction or sentence or for~~	3210
~~granting postconviction relief to the offender.~~	3211

(E) The court shall impose sentence upon the offender in	3212
accordance with section 2971.03 of the Revised Code, and Chapter	3213
2971. of the Revised Code applies regarding the prison term or	3214
term of life imprisonment without parole imposed upon the offender	3215
and the service of that term of imprisonment if any of the	3216
following apply:	3217

(1) A person is convicted of or pleads guilty to a violent	3218
sex offense or a designated homicide, assault, or kidnapping	3219
offense, and, in relation to that offense, the offender is	3220
adjudicated a sexually violent predator.	3221

(2) A person is convicted of or pleads guilty to a violation	3222
of division (A)(1)(b) of section 2907.02 of the Revised Code	3223
committed on or after January 2, 2007, and either the court does	3224
not impose a sentence of life without parole when authorized	3225
pursuant to division (B) of section 2907.02 of the Revised Code,	3226
or division (B) of section 2907.02 of the Revised Code provides	3227
that the court shall not sentence the offender pursuant to section	3228
2971.03 of the Revised Code.	3229

(3) A person is convicted of or pleads guilty to attempted	3230
rape committed on or after January 2, 2007, and a specification of	3231
the type described in section 2941.1418, 2941.1419, or 2941.1420	3232
of the Revised Code.	3233

(4) A person is convicted of or pleads guilty to a violation	3234
of section 2905.01 of the Revised Code committed on or after	3235
January 1, 2008, and that section requires the court to sentence	3236
the offender pursuant to section 2971.03 of the Revised Code.	3237

(5) A person is convicted of or pleads guilty to aggravated	3238
murder committed on or after January 1, 2008, and division	3239
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	3240
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	3241
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	3242
2929.06 of the Revised Code requires the court to sentence the	3243
offender pursuant to division (B)(3) of section 2971.03 of the	3244
Revised Code.	3245

(6) A person is convicted of or pleads guilty to murder	3246
committed on or after January 1, 2008, and division (B)(2) of	3247
section 2929.02 of the Revised Code requires the court to sentence	3248
the offender pursuant to section 2971.03 of the Revised Code.	3249

(F) If a person who has been convicted of or pleaded guilty	3250
to a felony is sentenced to a prison term or term of imprisonment	3251
under this section, sections 2929.02 to 2929.06 of the Revised	3252
Code, section 2929.142 of the Revised Code, section 2971.03 of the	3253
Revised Code, or any other provision of law, section 5120.163 of	3254
the Revised Code applies regarding the person while the person is	3255
confined in a state correctional institution.	3256

(G) If an offender who is convicted of or pleads guilty to a	3257
felony that is an offense of violence also is convicted of or	3258
pleads guilty to a specification of the type described in section	3259
2941.142 of the Revised Code that charges the offender with having	3260
committed the felony while participating in a criminal gang, the	3261
court shall impose upon the offender an additional prison term of	3262
one, two, or three years.	3263

(H)(1) If an offender who is convicted of or pleads guilty to	3264
aggravated murder, murder, or a felony of the first, second, or	3265
third degree that is an offense of violence also is convicted of	3266
or pleads guilty to a specification of the type described in	3267
section 2941.143 of the Revised Code that charges the offender	3268
with having committed the offense in a school safety zone or	3269
towards a person in a school safety zone, the court shall impose	3270
upon the offender an additional prison term of two years. The	3271
offender shall serve the additional two years consecutively to and	3272
prior to the prison term imposed for the underlying offense.	3273

(2)(a) If an offender is convicted of or pleads guilty to a	3274
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3275
of the Revised Code and to a specification of the type described	3276
in section 2941.1421 of the Revised Code and if the court imposes	3277
a prison term on the offender for the felony violation, the court	3278
may impose upon the offender an additional prison term as follows:	3279

(i) Subject to division (H)(2)(a)(ii) of this section, an	3280
additional prison term of one, two, three, four, five, or six	3281
months;	3282

(ii) If the offender previously has been convicted of or	3283
pleaded guilty to one or more felony or misdemeanor violations of	3284
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	3285
Revised Code and also was convicted of or pleaded guilty to a	3286
specification of the type described in section 2941.1421 of the	3287
Revised Code regarding one or more of those violations, an	3288
additional prison term of one, two, three, four, five, six, seven,	3289
eight, nine, ten, eleven, or twelve months.	3290

(b) In lieu of imposing an additional prison term under	3291
division (H)(2)(a) of this section, the court may directly impose	3292
on the offender a sanction that requires the offender to wear a	3293
real-time processing, continual tracking electronic monitoring	3294
device during the period of time specified by the court. The	3295
period of time specified by the court shall equal the duration of	3296
an additional prison term that the court could have imposed upon	3297
the offender under division (H)(2)(a) of this section. A sanction	3298
imposed under this division shall commence on the date specified	3299
by the court, provided that the sanction shall not commence until	3300
after the offender has served the prison term imposed for the	3301
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3302
of the Revised Code and any residential sanction imposed for the	3303
violation under section 2929.16 of the Revised Code. A sanction	3304
imposed under this division shall be considered to be a community	3305
control sanction for purposes of section 2929.15 of the Revised	3306
Code, and all provisions of the Revised Code that pertain to	3307
community control sanctions shall apply to a sanction imposed	3308
under this division, except to the extent that they would by their	3309
nature be clearly inapplicable. The offender shall pay all costs	3310
associated with a sanction imposed under this division, including	3311
the cost of the use of the monitoring device.	3312

(I)~~(1)~~ At the time of sentencing, the court may recommend the	3313
offender for placement in a program of shock incarceration under	3314
section 5120.031 of the Revised Code or for placement in an	3315
intensive program prison under section 5120.032 of the Revised	3316
Code, disapprove placement of the offender in a program of shock	3317
incarceration or an intensive program prison of that nature, or	3318
make no recommendation on placement of the offender. In no case	3319
shall the department of rehabilitation and correction place the	3320
offender in a program or prison of that nature unless the	3321
department determines as specified in section 5120.031 or 5120.032	3322
of the Revised Code, whichever is applicable, that the offender is	3323
eligible for the placement.	3324

If the court disapproves placement of the offender in a	3325
program or prison of that nature, the department of rehabilitation	3326
and correction shall not place the offender in any program of	3327
shock incarceration or intensive program prison.	3328

If the court recommends placement of the offender in a	3329
program of shock incarceration or in an intensive program prison,	3330
and if the offender is subsequently placed in the recommended	3331
program or prison, the department shall notify the court of the	3332
placement and shall include with the notice a brief description of	3333
the placement.	3334

If the court recommends placement of the offender in a	3335
program of shock incarceration or in an intensive program prison	3336
and the department does not subsequently place the offender in the	3337
recommended program or prison, the department shall send a notice	3338
to the court indicating why the offender was not placed in the	3339
recommended program or prison.	3340

If the court does not make a recommendation under this	3341
division with respect to an offender and if the department	3342
determines as specified in section 5120.031 or 5120.032 of the	3343
Revised Code, whichever is applicable, that the offender is	3344
eligible for placement in a program or prison of that nature, the	3345
department shall screen the offender and determine if there is an	3346
available program of shock incarceration or an intensive program	3347
prison for which the offender is suited. If there is an available	3348
program of shock incarceration or an intensive program prison for	3349
which the offender is suited, the department shall notify the	3350
court of the proposed placement of the offender as specified in	3351
section 5120.031 or 5120.032 of the Revised Code and shall include	3352
with the notice a brief description of the placement. The court	3353
shall have ten days from receipt of the notice to disapprove the	3354
placement.	3355

~~(L)~~(J) If a person is convicted of or pleads guilty to	3356
aggravated vehicular homicide in violation of division (A)(1) of	3357
section 2903.06 of the Revised Code and division (B)(2)(c) of that	3358
section applies, the person shall be sentenced pursuant to section	3359
2929.142 of the Revised Code.	3360

Sec. 2929.19. (A) The court shall hold a sentencing hearing	3361
before imposing a sentence under this chapter upon an offender who	3362
was convicted of or pleaded guilty to a felony and before	3363
resentencing an offender who was convicted of or pleaded guilty to	3364
a felony and whose case was remanded pursuant to section 2953.07	3365
or 2953.08 of the Revised Code. At the hearing, the offender, the	3366
prosecuting attorney, the victim or the victim's representative in	3367
accordance with section 2930.14 of the Revised Code, and, with the	3368
approval of the court, any other person may present information	3369
relevant to the imposition of sentence in the case. The court	3370
shall inform the offender of the verdict of the jury or finding of	3371
the court and ask the offender whether the offender has anything	3372
to say as to why sentence should not be imposed upon the offender.	3373

(B)(1) At the sentencing hearing, the court, before imposing	3374
sentence, shall consider the record, any information presented at	3375
the hearing by any person pursuant to division (A) of this	3376
section, and, if one was prepared, the presentence investigation	3377
report made pursuant to section 2951.03 of the Revised Code or	3378
Criminal Rule 32.2, and any victim impact statement made pursuant	3379
to section 2947.051 of the Revised Code.	3380

(2) Subject to division (B)(3) of this section, if the	3381
sentencing court determines at the sentencing hearing that a	3382
prison term is necessary or required, the court shall do all of	3383
the following:	3384

(a) Impose a stated prison term and, if the court imposes a	3385
mandatory prison term, notify the offender that the prison term is	3386
a mandatory prison term;	3387

(b) In addition to any other information, include in the	3388
sentencing entry the name and section reference to the offense or	3389
offenses, the sentence or sentences imposed and whether the	3390
sentence or sentences contain mandatory prison terms, if sentences	3391
are imposed for multiple counts whether the sentences are to be	3392
served concurrently or consecutively, and the name and section	3393
reference of any specification or specifications for which	3394
sentence is imposed and the sentence or sentences imposed for the	3395
specification or specifications;	3396

(c) Notify the offender that the offender will be supervised	3397
under section 2967.28 of the Revised Code after the offender	3398
leaves prison if the offender is being sentenced for a felony of	3399
the first degree or second degree, for a felony sex offense, or	3400
for a felony of the third degree that is not a felony sex offense	3401
and in the commission of which the offender caused or threatened	3402
to cause physical harm to a person. If a court imposes a sentence	3403
including a prison term of a type described in division (B)(2)(c)	3404
of this section on or after July 11, 2006, the failure of a court	3405
to notify the offender pursuant to division (B)(2)(c) of this	3406
section that the offender will be supervised under section 2967.28	3407
of the Revised Code after the offender leaves prison or to include	3408
in the judgment of conviction entered on the journal a statement	3409
to that effect does not negate, limit, or otherwise affect the	3410
mandatory period of supervision that is required for the offender	3411
under division (B) of section 2967.28 of the Revised Code. Section	3412
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	3413
court imposed a sentence including a prison term of a type	3414
described in division (B)(2)(c) of this section and failed to	3415
notify the offender pursuant to division (B)(2)(c) of this section	3416
regarding post-release control or to include in the judgment of	3417
conviction entered on the journal or in the sentence a statement	3418
regarding post-release control.	3419

(d) Notify the offender that the offender may be supervised	3420
under section 2967.28 of the Revised Code after the offender	3421
leaves prison if the offender is being sentenced for a felony of	3422
the third, fourth, or fifth degree that is not subject to division	3423
(B)(2)(c) of this section. Section 2929.191 of the Revised Code	3424
applies if, prior to July 11, 2006, a court imposed a sentence	3425
including a prison term of a type described in division (B)(2)(d)	3426
of this section and failed to notify the offender pursuant to	3427
division (B)(2)(d) of this section regarding post-release control	3428
or to include in the judgment of conviction entered on the journal	3429
or in the sentence a statement regarding post-release control.	3430

(e) Notify the offender that, if a period of supervision is	3431
imposed following the offender's release from prison, as described	3432
in division (B)(2)(c) or (d) of this section, and if the offender	3433
violates that supervision or a condition of post-release control	3434
imposed under division (B) of section 2967.131 of the Revised	3435
Code, the parole board may impose a prison term, as part of the	3436
sentence, of up to one-half of the stated prison term originally	3437
imposed upon the offender. If a court imposes a sentence including	3438
a prison term on or after July 11, 2006, the failure of a court to	3439
notify the offender pursuant to division (B)(2)(e) of this section	3440
that the parole board may impose a prison term as described in	3441
division (B)(2)(e) of this section for a violation of that	3442
supervision or a condition of post-release control imposed under	3443
division (B) of section 2967.131 of the Revised Code or to include	3444
in the judgment of conviction entered on the journal a statement	3445
to that effect does not negate, limit, or otherwise affect the	3446
authority of the parole board to so impose a prison term for a	3447
violation of that nature if, pursuant to division (D)(1) of	3448
section 2967.28 of the Revised Code, the parole board notifies the	3449
offender prior to the offender's release of the board's authority	3450
to so impose a prison term. Section 2929.191 of the Revised Code	3451
applies if, prior to July 11, 2006, a court imposed a sentence	3452
including a prison term and failed to notify the offender pursuant	3453
to division (B)(2)(e) of this section regarding the possibility of	3454
the parole board imposing a prison term for a violation of	3455
supervision or a condition of post-release control.	3456

(f) Require that the offender not ingest or be injected with	3457
a drug of abuse and submit to random drug testing as provided in	3458
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	3459
is applicable to the offender who is serving a prison term, and	3460
require that the results of the drug test administered under any	3461
of those sections indicate that the offender did not ingest or was	3462
not injected with a drug of abuse.	3463

(g) ~~Include in the offender's sentence a statement notifying~~	3464
~~the offender of the information described in division (F)(3) of~~	3465
~~section 2929.14 of the Revised Code regarding earned credits under~~	3466
~~section 2967.193 of the Revised Code.~~(i) Determine, notify the	3467
offender of, and include in the sentencing entry the number of	3468
days that the offender has been confined for any reason arising	3469
out of the offense for which the offender is being sentenced and	3470
by which the department of rehabilitation and correction must	3471
reduce the stated prison term under section 2967.191 of the	3472
Revised Code. The court's calculation shall not include the number	3473
of days, if any, that the offender previously served in the	3474
custody of the department of rehabilitation and correction arising	3475
out of the offense for which the prisoner was convicted and	3476
sentenced.	3477

(ii) In making a determination under division (B)(2)(g)(i) of	3478
this section, the court shall consider the arguments of the	3479
parties and conduct a hearing if one is requested.	3480

(iii) The sentencing court retains continuing jurisdiction to	3481
correct any error not previously raised at sentencing in making a	3482
determination under division (B)(2)(g)(i) of this section. The	3483
offender may, at any time after sentencing, file a motion in the	3484
sentencing court to correct any error made in making a	3485
determination under division (B)(2)(g)(i) of this section, and the	3486
court may in its discretion grant or deny that motion. If the	3487
court changes the number of days in its determination or	3488
redetermination, the court shall cause the entry granting that	3489
change to be delivered to the department of rehabilitation and	3490
correction without delay. Sections 2931.15 and 2953.21 of the	3491
Revised Code do not apply to a motion made under this section.	3492

(iv) An inaccurate determination under division (B)(2)(g)(i)	3493
of this section is not grounds for setting aside the offender's	3494
conviction or sentence and does not otherwise render the sentence	3495
void or voidable.	3496

(3)(a) The court shall include in the offender's sentence a	3497
statement that the offender is a tier III sex	3498
offender/child-victim offender, and the court shall comply with	3499
the requirements of section 2950.03 of the Revised Code if any of	3500
the following apply:	3501

(i) The offender is being sentenced for a violent sex offense	3502
or designated homicide, assault, or kidnapping offense that the	3503
offender committed on or after January 1, 1997, and the offender	3504
is adjudicated a sexually violent predator in relation to that	3505
offense.	3506

(ii) The offender is being sentenced for a sexually oriented	3507
offense that the offender committed on or after January 1, 1997,	3508
and the offender is a tier III sex offender/child-victim offender	3509
relative to that offense.	3510

(iii) The offender is being sentenced on or after July 31,	3511
2003, for a child-victim oriented offense, and the offender is a	3512
tier III sex offender/child-victim offender relative to that	3513
offense.	3514

(iv) The offender is being sentenced under section 2971.03 of	3515
the Revised Code for a violation of division (A)(1)(b) of section	3516
2907.02 of the Revised Code committed on or after January 2, 2007.	3517

(v) The offender is sentenced to a term of life without	3518
parole under division (B) of section 2907.02 of the Revised Code.	3519

(vi) The offender is being sentenced for attempted rape	3520
committed on or after January 2, 2007, and a specification of the	3521
type described in section 2941.1418, 2941.1419, or 2941.1420 of	3522
the Revised Code.	3523

(vii) The offender is being sentenced under division	3524
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	3525
for an offense described in those divisions committed on or after	3526
January 1, 2008.	3527

(b) Additionally, if any criterion set forth in divisions	3528
(B)(3)(a)(i) to (vii) of this section is satisfied, in the	3529
circumstances described in division (E) of section 2929.14 of the	3530
Revised Code, the court shall impose sentence on the offender as	3531
described in that division.	3532

(4) If the sentencing court determines at the sentencing	3533
hearing that a community control sanction should be imposed and	3534
the court is not prohibited from imposing a community control	3535
sanction, the court shall impose a community control sanction. The	3536
court shall notify the offender that, if the conditions of the	3537
sanction are violated, if the offender commits a violation of any	3538
law, or if the offender leaves this state without the permission	3539
of the court or the offender's probation officer, the court may	3540
impose a longer time under the same sanction, may impose a more	3541
restrictive sanction, or may impose a prison term on the offender	3542
and shall indicate the specific prison term that may be imposed as	3543
a sanction for the violation, as selected by the court from the	3544
range of prison terms for the offense pursuant to section 2929.14	3545
of the Revised Code.	3546

(5) Before imposing a financial sanction under section	3547
2929.18 of the Revised Code or a fine under section 2929.32 of the	3548
Revised Code, the court shall consider the offender's present and	3549
future ability to pay the amount of the sanction or fine.	3550

(6) If the sentencing court sentences the offender to a	3551
sanction of confinement pursuant to section 2929.14 or 2929.16 of	3552
the Revised Code that is to be served in a local detention	3553
facility, as defined in section 2929.36 of the Revised Code, and	3554
if the local detention facility is covered by a policy adopted	3555
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	3556
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	3557
and section 2929.37 of the Revised Code, both of the following	3558
apply:	3559

(a) The court shall specify both of the following as part of	3560
the sentence:	3561

(i) If the offender is presented with an itemized bill	3562
pursuant to section 2929.37 of the Revised Code for payment of the	3563
costs of confinement, the offender is required to pay the bill in	3564
accordance with that section.	3565

(ii) If the offender does not dispute the bill described in	3566
division (B)(6)(a)(i) of this section and does not pay the bill by	3567
the times specified in section 2929.37 of the Revised Code, the	3568
clerk of the court may issue a certificate of judgment against the	3569
offender as described in that section.	3570

(b) The sentence automatically includes any certificate of	3571
judgment issued as described in division (B)(6)(a)(ii) of this	3572
section.	3573

(7) The failure of the court to notify the offender that a	3574
prison term is a mandatory prison term pursuant to division	3575
(B)(2)(a) of this section or to include in the sentencing entry	3576
any information required by division (B)(2)(b) of this section	3577
does not affect the validity of the imposed sentence or sentences.	3578
If the sentencing court notifies the offender at the sentencing	3579
hearing that a prison term is mandatory but the sentencing entry	3580
does not specify that the prison term is mandatory, the court may	3581
complete a corrected journal entry and send copies of the	3582
corrected entry to the offender and the department of	3583
rehabilitation and correction, or, at the request of the state,	3584
the court shall complete a corrected journal entry and send copies	3585
of the corrected entry to the offender and department of	3586
rehabilitation and correction.	3587

(C)(1) If the offender is being sentenced for a fourth degree	3588
felony OVI offense under division (G)(1) of section 2929.13 of the	3589
Revised Code, the court shall impose the mandatory term of local	3590
incarceration in accordance with that division, shall impose a	3591
mandatory fine in accordance with division (B)(3) of section	3592
2929.18 of the Revised Code, and, in addition, may impose	3593
additional sanctions as specified in sections 2929.15, 2929.16,	3594
2929.17, and 2929.18 of the Revised Code. The court shall not	3595
impose a prison term on the offender except that the court may	3596
impose a prison term upon the offender as provided in division	3597
(A)(1) of section 2929.13 of the Revised Code.	3598

(2) If the offender is being sentenced for a third or fourth	3599
degree felony OVI offense under division (G)(2) of section 2929.13	3600
of the Revised Code, the court shall impose the mandatory prison	3601
term in accordance with that division, shall impose a mandatory	3602
fine in accordance with division (B)(3) of section 2929.18 of the	3603
Revised Code, and, in addition, may impose an additional prison	3604
term as specified in section 2929.14 of the Revised Code. In	3605
addition to the mandatory prison term or mandatory prison term and	3606
additional prison term the court imposes, the court also may	3607
impose a community control sanction on the offender, but the	3608
offender shall serve all of the prison terms so imposed prior to	3609
serving the community control sanction.	3610

(D) The sentencing court, pursuant to division (I)(1) of	3611
section 2929.14 of the Revised Code, may recommend placement of	3612
the offender in a program of shock incarceration under section	3613
5120.031 of the Revised Code or an intensive program prison under	3614
section 5120.032 of the Revised Code, disapprove placement of the	3615
offender in a program or prison of that nature, or make no	3616
recommendation. If the court recommends or disapproves placement,	3617
it shall make a finding that gives its reasons for its	3618
recommendation or disapproval.	3619

Sec. 2929.26. (A) Except when a mandatory jail term is	3620
required by law, the court imposing a sentence for a misdemeanor,	3621
other than a minor misdemeanor, may impose upon the offender any	3622
community residential sanction or combination of community	3623
residential sanctions under this section. Community residential	3624
sanctions include, but are not limited to, the following:	3625

(1) A term of up to one hundred eighty days in a halfway	3626
house or a term in a halfway house not to exceed the longest jail	3627
term available for the offense, whichever is shorter, if the	3628
political subdivision that would have responsibility for paying	3629
the costs of confining the offender in a jail has entered into a	3630
contract with the halfway house for use of the facility for	3631
misdemeanor offenders;	3632

(2) ~~A term of up to one hundred eighty days in an alternative~~	3633
~~residential facility or a term in an alternative residential~~	3634
~~facility not to exceed the longest jail term available for the~~	3635
~~offense, whichever is shorter. The court may specify the level of~~	3636
~~security in the alternative residential facility that is needed~~	3637
~~for the offender.~~	3638

~~(3)~~ If the offender is an eligible offender, as defined in	3639
section 307.932 of the Revised Code, a term of up to sixty days in	3640
a community alternative sentencing center or district community	3641
alternative sentencing center established and operated in	3642
accordance with that section, in the circumstances specified in	3643
that section, with one of the conditions of the sanction being	3644
that the offender complete in the center the entire term imposed.	3645

(B) A sentence to a community residential sanction under	3646
division (A)(3) of this section shall be in accordance with	3647
section 307.932 of the Revised Code. In all other cases, the court	3648
that sentences an offender to a community residential sanction	3649
under this section may do either or both of the following:	3650

(1) Permit the offender to serve the offender's sentence in	3651
intermittent confinement, overnight, on weekends or at any other	3652
time or times that will allow the offender to continue at the	3653
offender's occupation or care for the offender's family;	3654

(2) Authorize the offender to be released so that the	3655
offender may seek or maintain employment, receive education or	3656
training, receive treatment, perform community service, or	3657
otherwise fulfill an obligation imposed by law or by the court. A	3658
release pursuant to this division shall be only for the duration	3659
of time that is needed to fulfill the purpose of the release and	3660
for travel that reasonably is necessary to fulfill the purposes of	3661
the release.	3662

(C) The court may order that a reasonable portion of the	3663
income earned by the offender upon a release pursuant to division	3664
(B) of this section be applied to any financial sanction imposed	3665
under section 2929.28 of the Revised Code.	3666

(D) No court shall sentence any person to a prison term for a	3667
misdemeanor or minor misdemeanor or to a jail term for a minor	3668
misdemeanor.	3669

(E) If a court sentences a person who has been convicted of	3670
or pleaded guilty to a misdemeanor to a community residential	3671
sanction as described in division (A) of this section, at the time	3672
of reception and at other times the person in charge of the	3673
operation of the halfway house, ~~alternative residential facility,~~	3674
community alternative sentencing center, district community	3675
alternative sentencing center, or other place at which the	3676
offender will serve the residential sanction determines to be	3677
appropriate, the person in charge of the operation of the halfway	3678
house, ~~alternative residential facility,~~ community alternative	3679
sentencing center, district community alternative sentencing	3680
center, or other place may cause the convicted offender to be	3681
examined and tested for tuberculosis, HIV infection, hepatitis,	3682
including, but not limited to, hepatitis A, B, and C, and other	3683
contagious diseases. The person in charge of the operation of the	3684
halfway house, ~~alternative residential facility,~~ community	3685
alternative sentencing center, district community alternative	3686
sentencing center, or other place at which the offender will serve	3687
the residential sanction may cause a convicted offender in the	3688
halfway house, ~~alternative residential facility,~~ community	3689
alternative sentencing center, district community alternative	3690
sentencing center, or other place who refuses to be tested or	3691
treated for tuberculosis, HIV infection, hepatitis, including, but	3692
not limited to, hepatitis A, B, and C, or another contagious	3693
disease to be tested and treated involuntarily.	3694

(F) A political subdivision may enter into a contract with a	3695
halfway house for use of the halfway house to house misdemeanor	3696
offenders under a sanction imposed under division (A)(1) of this	3697
section.	3698

Sec. 2929.41. (A) Except as provided in division (B) of this	3699
section, division ~~(E)~~(C) of section 2929.14, or division (D) or	3700
(E) of section 2971.03 of the Revised Code, a prison term, jail	3701
term, or sentence of imprisonment shall be served concurrently	3702
with any other prison term, jail term, or sentence of imprisonment	3703
imposed by a court of this state, another state, or the United	3704
States. Except as provided in division (B)(3) of this section, a	3705
jail term or sentence of imprisonment for misdemeanor shall be	3706
served concurrently with a prison term or sentence of imprisonment	3707
for felony served in a state or federal correctional institution.	3708

(B)(1) A jail term or sentence of imprisonment for a	3709
misdemeanor shall be served consecutively to any other prison	3710
term, jail term, or sentence of imprisonment when the trial court	3711
specifies that it is to be served consecutively or when it is	3712
imposed for a misdemeanor violation of section 2907.322, 2921.34,	3713
or 2923.131 of the Revised Code.	3714

When consecutive sentences are imposed for misdemeanor under	3715
this division, the term to be served is the aggregate of the	3716
consecutive terms imposed, except that the aggregate term to be	3717
served shall not exceed eighteen months.	3718

(2) If a court of this state imposes a prison term upon the	3719
offender for the commission of a felony and a court of another	3720
state or the United States also has imposed a prison term upon the	3721
offender for the commission of a felony, the court of this state	3722
may order that the offender serve the prison term it imposes	3723
consecutively to any prison term imposed upon the offender by the	3724
court of another state or the United States.	3725

(3) A jail term or sentence of imprisonment imposed for a	3726
misdemeanor violation of section 4510.11, 4510.14, 4510.16,	3727
4510.21, or 4511.19 of the Revised Code shall be served	3728
consecutively to a prison term that is imposed for a felony	3729
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the	3730
Revised Code or a felony violation of section 2903.04 of the	3731
Revised Code involving the operation of a motor vehicle by the	3732
offender and that is served in a state correctional institution	3733
when the trial court specifies that it is to be served	3734
consecutively.	3735

When consecutive jail terms or sentences of imprisonment and	3736
prison terms are imposed for one or more misdemeanors and one or	3737
more felonies under this division, the term to be served is the	3738
aggregate of the consecutive terms imposed, and the offender shall	3739
serve all terms imposed for a felony before serving any term	3740
imposed for a misdemeanor.	3741

Sec. 2951.022. (A) As used in this section:

3742

(1) "Concurrent supervision offender" means any offender who	3743
has been sentenced to community control for one or more	3744
misdemeanor violations or has been placed under a community	3745
control sanction pursuant to section 2929.16, 2929.17, 2929.18, or	3746
2929.20 of the Revised Code and who is simultaneously subject to	3747
supervision by any of the following:	3748

(a) Two or more municipal courts or county courts in this	3749
state;	3750

(b) Two or more courts of common pleas in this state;

3751

(c) One or more courts of common pleas in this state and one	3752
or more municipal courts or county courts in this state.	3753

"Concurrent supervision offender" does not include a parolee	3754
or releasee.	3755

(2) "Parolee" and "releasee" have the same meanings as in	3756
section 2967.01 of the Revised Code.	3757

(B)(1) Except as otherwise provided in divisions (B)(2), (3),	3758
and (4) of this section, a concurrent supervision offender shall	3759
be supervised by the court of conviction that imposed the longest	3760
possible sentence of incarceration and shall not be supervised by	3761
any other court.	3762

(2) In the case of a concurrent supervision offender subject	3763
to supervision by two or more municipal or county courts in the	3764
same county, the municipal or county court in the territorial	3765
jurisdiction in which the offender resides shall supervise the	3766
offender. In the case of a concurrent supervision offender subject	3767
to supervision by a municipal court or county court and a court of	3768
common pleas for two or more equal possible sentences, the	3769
municipal or county court shall supervise the offender. In the	3770
case of a concurrent supervision offender subject to supervision	3771
by two or more courts of common pleas in separate counties in this	3772
state, the court that lies within the same territorial	3773
jurisdiction in which the offender resides shall supervise the	3774
offender.	3775

(3) Separate courts within the same county may enter into an	3776
agreement or adopt local rules of procedure specifying, generally,	3777
that concurrent supervision offenders will be supervised in a	3778
manner other than that provided for in divisions (B)(1) and (2) of	3779
this section. The judges of the various courts of this state	3780
having authority to supervise a concurrent supervision offender	3781
may by local rule authorize the chief probation officer of that	3782
court to manage concurrent supervision offenders under such terms	3783
and guidelines as are consistent with division (C) of this	3784
section.	3785

(4)(a) The judges of the various courts of this state having	3786
jurisdiction over a concurrent supervision offender may agree by	3787
journal entry to transfer jurisdiction over a concurrent	3788
supervision offender from one court to another court in any manner	3789
the courts consider appropriate, if the offender is supervised by	3790
only a single supervising authority at all times. An agreement to	3791
transfer supervision of an offender under division (B)(4)(a) of	3792
this section shall not take effect until approved by every court	3793
having authority to supervise the offender and may provide for the	3794
transfer of supervision to the offender's jurisdiction of	3795
residence whether or not the offender was subject to supervision	3796
in that jurisdiction prior to transfer. In the case of a	3797
subsequent conviction in a court other than the supervising court,	3798
the supervising court may agree to accept a transfer of	3799
jurisdiction from the court of conviction prior to sentencing and	3800
proceed to sentence the offender according to law.	3801

(b) If the judges of the various courts of this state having	3802
authority to supervise a concurrent supervision offender cannot	3803
reach agreement with respect to the supervision of the offender,	3804
the offender may be subject to concurrent supervision in the	3805
interest of justice upon the courts' consideration of the	3806
provisions set forth in division (C) of this section.	3807

(C) In determining whether a court maintains authority to	3808
supervise an offender or transfers authority to supervise the	3809
offender pursuant to division (B)(3) or (4) of this section, the	3810
court shall consider all of the following:	3811

(1) The safety of the community;

3812

(2) The risk that the offender might reoffend;

3813

(3) The nature of the offenses committed by the offender;

3814

(4) The likelihood that the offender will remain in the	3815
jurisdiction;	3816

(5) The ability of the offender to travel to and from the	3817
offender's residence and place of employment or school to the	3818
offices of the supervising authority;	3819

(6) The resources for residential and nonresidential	3820
sanctions or rehabilitative treatment available to the various	3821
courts having supervising authority;	3822

(7) Any other factors consistent with the purposes of	3823
sentencing.	3824

(D) The court having sole authority over a concurrent	3825
supervision offender pursuant to this section shall have complete	3826
authority for enforcement of any financial obligations imposed by	3827
any other court, shall set a payment schedule consistent with the	3828
offender's ability to pay, and shall cause payments of the	3829
offender's financial obligations to be directed to the sentencing	3830
court in proportion to the total amounts ordered by all sentencing	3831
courts, or as otherwise agreed by the sentencing courts. Financial	3832
obligations include financial sanctions imposed pursuant to	3833
sections 2929.18 and 2929.28 of the Revised Code, court costs, and	3834
any other financial order or fee imposed by a sentencing court. A	3835
supervision fee may be charged only by the agency providing	3836
supervision of the case.	3837

(E) Unless the local residential sanction is suspended, the	3838
offender shall complete any local residential sanction before	3839
jurisdiction is transferred in accordance with this section. The	3840
supervising court shall respect all conditions of supervision	3841
established by a sentencing court, but any conflicting or	3842
inconsistent order of the supervising court shall supersede any	3843
other order of a sentencing court. In the case of a concurrent	3844
supervision offender, the supervising court shall determine when	3845
supervision will be terminated but shall not terminate supervision	3846
until all financial obligations are paid or otherwise resolved.	3847
Any unpaid financial obligation is a judgment in favor of the	3848
state or a political subdivision in which the court that imposed	3849
the financial sanction is located, and the offender subject to the	3850
financial sanction is the judgment debtor pursuant to sections	3851
2929.18 and 2929.28 of the Revised Code.	3852

(F) The adult parole authority and one or more courts may	3853
enter into an agreement whereby a releasee or parolee who is	3854
simultaneously under the supervision of the adult parole authority	3855
and the court or courts is supervised exclusively by either the	3856
authority or a court.	3857

Sec. 2953.08. (A) In addition to any other right to appeal	3858
and except as provided in division (D) of this section, a	3859
defendant who is convicted of or pleads guilty to a felony may	3860
appeal as a matter of right the sentence imposed upon the	3861
defendant on one of the following grounds:	3862

(1) The sentence consisted of or included the maximum prison	3863
term allowed for the offense by division (A) of section 2929.14 or	3864
section 2929.142 of the Revised Code, the maximum prison term was	3865
not required for the offense pursuant to Chapter 2925. or any	3866
other provision of the Revised Code, and the court imposed the	3867
sentence under one of the following circumstances:	3868

(a) The sentence was imposed for only one offense.

3869

(b) The sentence was imposed for two or more offenses arising	3870
out of a single incident, and the court imposed the maximum prison	3871
term for the offense of the highest degree.	3872

(2) The sentence consisted of or included a prison term, the	3873
offense for which it was imposed is a felony of the fourth or	3874
fifth degree or is a felony drug offense that is a violation of a	3875
provision of Chapter 2925. of the Revised Code and that is	3876
specified as being subject to division (B) of section 2929.13 of	3877
the Revised Code for purposes of sentencing, and the court did not	3878
specify at sentencing that it found one or more factors specified	3879
in divisions (B)~~(1)~~(2)(a) to (i) of section 2929.13 of the Revised	3880
Code to apply relative to the defendant. If the court specifies	3881
that it found one or more of those factors to apply relative to	3882
the defendant, the defendant is not entitled under this division	3883
to appeal as a matter of right the sentence imposed upon the	3884
offender.	3885

(3) The person was convicted of or pleaded guilty to a	3886
violent sex offense or a designated homicide, assault, or	3887
kidnapping offense, was adjudicated a sexually violent predator in	3888
relation to that offense, and was sentenced pursuant to division	3889
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	3890
of the indefinite term imposed pursuant to division (A)(3) of	3891
section 2971.03 of the Revised Code is the longest term available	3892
for the offense from among the range of terms listed in section	3893
2929.14 of the Revised Code. As used in this division, "designated	3894
homicide, assault, or kidnapping offense" and "violent sex	3895
offense" have the same meanings as in section 2971.01 of the	3896
Revised Code. As used in this division, "adjudicated a sexually	3897
violent predator" has the same meaning as in section 2929.01 of	3898
the Revised Code, and a person is "adjudicated a sexually violent	3899
predator" in the same manner and the same circumstances as are	3900
described in that section.	3901

(4) The sentence is contrary to law.

3902

(5) The sentence consisted of an additional prison term of	3903
ten years imposed pursuant to division (B)(2)(a) of section	3904
2929.14 of the Revised Code.	3905

(B) In addition to any other right to appeal and except as	3906
provided in division (D) of this section, a prosecuting attorney,	3907
a city director of law, village solicitor, or similar chief legal	3908
officer of a municipal corporation, or the attorney general, if	3909
one of those persons prosecuted the case, may appeal as a matter	3910
of right a sentence imposed upon a defendant who is convicted of	3911
or pleads guilty to a felony or, in the circumstances described in	3912
division (B)(3) of this section the modification of a sentence	3913
imposed upon such a defendant, on any of the following grounds:	3914

(1) The sentence did not include a prison term despite a	3915
presumption favoring a prison term for the offense for which it	3916
was imposed, as set forth in section 2929.13 or Chapter 2925. of	3917
the Revised Code.	3918

(2) The sentence is contrary to law.

3919

(3) The sentence is a modification under section 2929.20 of	3920
the Revised Code of a sentence that was imposed for a felony of	3921
the first or second degree.	3922

(C)(1) In addition to the right to appeal a sentence granted	3923
under division (A) or (B) of this section, a defendant who is	3924
convicted of or pleads guilty to a felony may seek leave to appeal	3925
a sentence imposed upon the defendant on the basis that the	3926
sentencing judge has imposed consecutive sentences under division	3927
(C)(3) of section 2929.14 of the Revised Code and that the	3928
consecutive sentences exceed the maximum prison term allowed by	3929
division (A) of that section for the most serious offense of which	3930
the defendant was convicted. Upon the filing of a motion under	3931
this division, the court of appeals may grant leave to appeal the	3932
sentence if the court determines that the allegation included as	3933
the basis of the motion is true.	3934

(2) A defendant may seek leave to appeal an additional	3935
sentence imposed upon the defendant pursuant to division (B)(2)(a)	3936
or (b) of section 2929.14 of the Revised Code if the additional	3937
sentence is for a definite prison term that is longer than five	3938
years.	3939

(D)(1) A sentence imposed upon a defendant is not subject to	3940
review under this section if the sentence is authorized by law,	3941
has been recommended jointly by the defendant and the prosecution	3942
in the case, and is imposed by a sentencing judge.	3943

(2) Except as provided in division (C)(2) of this section, a	3944
sentence imposed upon a defendant is not subject to review under	3945
this section if the sentence is imposed pursuant to division	3946
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	3947
otherwise provided in this division, a defendant retains all	3948
rights to appeal as provided under this chapter or any other	3949
provision of the Revised Code. A defendant has the right to appeal	3950
under this chapter or any other provision of the Revised Code the	3951
court's application of division (B)(2)(c) of section 2929.14 of	3952
the Revised Code.	3953

(3) A sentence imposed for aggravated murder or murder	3954
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	3955
subject to review under this section.	3956

(E) A defendant, prosecuting attorney, city director of law,	3957
village solicitor, or chief municipal legal officer shall file an	3958
appeal of a sentence under this section to a court of appeals	3959
within the time limits specified in Rule 4(B) of the Rules of	3960
Appellate Procedure, provided that if the appeal is pursuant to	3961
division (B)(3) of this section, the time limits specified in that	3962
rule shall not commence running until the court grants the motion	3963
that makes the sentence modification in question. A sentence	3964
appeal under this section shall be consolidated with any other	3965
appeal in the case. If no other appeal is filed, the court of	3966
appeals may review only the portions of the trial record that	3967
pertain to sentencing.	3968

(F) On the appeal of a sentence under this section, the	3969
record to be reviewed shall include all of the following, as	3970
applicable:	3971

(1) Any presentence, psychiatric, or other investigative	3972
report that was submitted to the court in writing before the	3973
sentence was imposed. An appellate court that reviews a	3974
presentence investigation report prepared pursuant to section	3975
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	3976
connection with the appeal of a sentence under this section shall	3977
comply with division (D)(3) of section 2951.03 of the Revised Code	3978
when the appellate court is not using the presentence	3979
investigation report, and the appellate court's use of a	3980
presentence investigation report of that nature in connection with	3981
the appeal of a sentence under this section does not affect the	3982
otherwise confidential character of the contents of that report as	3983
described in division (D)(1) of section 2951.03 of the Revised	3984
Code and does not cause that report to become a public record, as	3985
defined in section 149.43 of the Revised Code, following the	3986
appellate court's use of the report.	3987

(2) The trial record in the case in which the sentence was	3988
imposed;	3989

(3) Any oral or written statements made to or by the court at	3990
the sentencing hearing at which the sentence was imposed;	3991

(4) Any written findings that the court was required to make	3992
in connection with the modification of the sentence pursuant to a	3993
judicial release under division (I) of section 2929.20 of the	3994
Revised Code.	3995

(G)(1) If the sentencing court was required to make the	3996
findings required by division (B) or (D) of section 2929.13 or	3997
division (I) of section 2929.20 of the Revised Code, or to state	3998
the findings of the trier of fact required by division (B)(2)(e)	3999
of section 2929.14 of the Revised Code, relative to the imposition	4000
or modification of the sentence, and if the sentencing court	4001
failed to state the required findings on the record, the court	4002
hearing an appeal under division (A), (B), or (C) of this section	4003
shall remand the case to the sentencing court and instruct the	4004
sentencing court to state, on the record, the required findings.	4005

(2) The court hearing an appeal under division (A), (B), or	4006
(C) of this section shall review the record, including the	4007
findings underlying the sentence or modification given by the	4008
sentencing court.	4009

The appellate court may increase, reduce, or otherwise modify	4010
a sentence that is appealed under this section or may vacate the	4011
sentence and remand the matter to the sentencing court for	4012
resentencing. The appellate court's standard for review is not	4013
whether the sentencing court abused its discretion. The appellate	4014
court may take any action authorized by this division if it	4015
clearly and convincingly finds either of the following:	4016

(a) That the record does not support the sentencing court's	4017
findings under division (B) or (D) of section 2929.13, division	4018
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	4019
2929.20 of the Revised Code, whichever, if any, is relevant;	4020

(b) That the sentence is otherwise contrary to law.

4021

(H) A judgment or final order of a court of appeals under	4022
this section may be appealed, by leave of court, to the supreme	4023
court.	4024

(I)(1) There is hereby established the felony sentence appeal	4025
cost oversight committee, consisting of eight members. One member	4026
shall be the chief justice of the supreme court or a	4027
representative of the court designated by the chief justice, one	4028
member shall be a member of the senate appointed by the president	4029
of the senate, one member shall be a member of the house of	4030
representatives appointed by the speaker of the house of	4031
representatives, one member shall be the director of budget and	4032
management or a representative of the office of budget and	4033
management designated by the director, one member shall be a judge	4034
of a court of appeals, court of common pleas, municipal court, or	4035
county court appointed by the chief justice of the supreme court,	4036
one member shall be the state public defender or a representative	4037
of the office of the state public defender designated by the state	4038
public defender, one member shall be a prosecuting attorney	4039
appointed by the Ohio prosecuting attorneys association, and one	4040
member shall be a county commissioner appointed by the county	4041
commissioners association of Ohio. No more than three of the	4042
appointed members of the committee may be members of the same	4043
political party.	4044

The president of the senate, the speaker of the house of	4045
representatives, the chief justice of the supreme court, the Ohio	4046
prosecuting attorneys association, and the county commissioners	4047
association of Ohio shall make the initial appointments to the	4048
committee of the appointed members no later than ninety days after	4049
July 1, 1996. Of those initial appointments to the committee, the	4050
members appointed by the speaker of the house of representatives	4051
and the Ohio prosecuting attorneys association shall serve a term	4052
ending two years after July 1, 1996, the member appointed by the	4053
chief justice of the supreme court shall serve a term ending three	4054
years after July 1, 1996, and the members appointed by the	4055
president of the senate and the county commissioners association	4056
of Ohio shall serve terms ending four years after July 1, 1996.	4057
Thereafter, terms of office of the appointed members shall be for	4058
four years, with each term ending on the same day of the same	4059
month as did the term that it succeeds. Members may be	4060
reappointed. Vacancies shall be filled in the same manner provided	4061
for original appointments. A member appointed to fill a vacancy	4062
occurring prior to the expiration of the term for which that	4063
member's predecessor was appointed shall hold office as a member	4064
for the remainder of the predecessor's term. An appointed member	4065
shall continue in office subsequent to the expiration date of that	4066
member's term until that member's successor takes office or until	4067
a period of sixty days has elapsed, whichever occurs first.	4068

If the chief justice of the supreme court, the director of	4069
the office of budget and management, or the state public defender	4070
serves as a member of the committee, that person's term of office	4071
as a member shall continue for as long as that person holds office	4072
as chief justice, director of the office of budget and management,	4073
or state public defender. If the chief justice of the supreme	4074
court designates a representative of the court to serve as a	4075
member, the director of budget and management designates a	4076
representative of the office of budget and management to serve as	4077
a member, or the state public defender designates a representative	4078
of the office of the state public defender to serve as a member,	4079
the person so designated shall serve as a member of the commission	4080
for as long as the official who made the designation holds office	4081
as chief justice, director of the office of budget and management,	4082
or state public defender or until that official revokes the	4083
designation.	4084

The chief justice of the supreme court or the representative	4085
of the supreme court appointed by the chief justice shall serve as	4086
chairperson of the committee. The committee shall meet within two	4087
weeks after all appointed members have been appointed and shall	4088
organize as necessary. Thereafter, the committee shall meet at	4089
least once every six months or more often upon the call of the	4090
chairperson or the written request of three or more members,	4091
provided that the committee shall not meet unless moneys have been	4092
appropriated to the judiciary budget administered by the supreme	4093
court specifically for the purpose of providing financial	4094
assistance to counties under division (I)(2) of this section and	4095
the moneys so appropriated then are available for that purpose.	4096

The members of the committee shall serve without	4097
compensation, but, if moneys have been appropriated to the	4098
judiciary budget administered by the supreme court specifically	4099
for the purpose of providing financial assistance to counties	4100
under division (I)(2) of this section, each member shall be	4101
reimbursed out of the moneys so appropriated that then are	4102
available for actual and necessary expenses incurred in the	4103
performance of official duties as a committee member.	4104

(2) The state criminal sentencing commission periodically	4105
shall provide to the felony sentence appeal cost oversight	4106
committee all data the commission collects pursuant to division	4107
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	4108
data from the state criminal sentencing commission, the felony	4109
sentence appeal cost oversight committee periodically shall review	4110
the data; determine whether any money has been appropriated to the	4111
judiciary budget administered by the supreme court specifically	4112
for the purpose of providing state financial assistance to	4113
counties in accordance with this division for the increase in	4114
expenses the counties experience as a result of the felony	4115
sentence appeal provisions set forth in this section or as a	4116
result of a postconviction relief proceeding brought under	4117
division (A)(2) of section 2953.21 of the Revised Code or an	4118
appeal of a judgment in that proceeding; if it determines that any	4119
money has been so appropriated, determine the total amount of	4120
moneys that have been so appropriated specifically for that	4121
purpose and that then are available for that purpose; and develop	4122
a recommended method of distributing those moneys to the counties.	4123
The committee shall send a copy of its recommendation to the	4124
supreme court. Upon receipt of the committee's recommendation, the	4125
supreme court shall distribute to the counties, based upon that	4126
recommendation, the moneys that have been so appropriated	4127
specifically for the purpose of providing state financial	4128
assistance to counties under this division and that then are	4129
available for that purpose.	4130

Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a	4131
state correctional institution who satisfies all of the following	4132
is eligible to apply to the department of rehabilitation and	4133
correction at a time specified in division (A)(2) of this section	4134
and in accordance with division (D) of this section for a	4135
certificate of achievement and employability:	4136

(a) The prisoner has satisfactorily completed one or more	4137
in-prison vocational programs approved by rule by the department	4138
of rehabilitation and correction.	4139

(b) The prisoner has demonstrated exemplary performance as	4140
determined by completion of one or more cognitive or behavioral	4141
improvement programs approved by rule by the department while	4142
incarcerated in a state correctional institution, while under	4143
supervision, or during both periods of time.	4144

4145

(d) The prisoner shows other evidence of achievement and	4146
rehabilitation while under the jurisdiction of the department.	4147

(2) An eligible prisoner may apply to the department of	4148
rehabilitation and correction under division (A)(1) of this	4149
section for a certificate of achievement and employability no	4150
earlier than one year prior to the date scheduled for the release	4151
of the prisoner from department custody and no later than the date	4152
of release of the prisoner.	4153

(B)(1) Any prisoner who has been released from a state	4154
correctional institution, who is under supervision on parole or	4155
under a post-release control sanction, and who satisfies all of	4156
the criteria set forth in division (A)(1) of this section is	4157
eligible to apply to the adult parole authority at a time	4158
specified in division (B)(2) of this section and in accordance	4159
with division (D) of this section for a certificate of achievement	4160
and employability.	4161

(2) An eligible prisoner may apply to the adult parole	4162
authority under division (B)(1) of this section for a certificate	4163
of achievement and employability at any time while the prisoner is	4164
under supervision on parole or under a post-release control	4165
sanction.	4166

(C)(1) An eligible prisoner may apply to the department of	4167
rehabilitation and correction or to the adult parole authority at	4168
a time specified in division (A) or (B) of this section, whichever	4169
is applicable, for a certificate of achievement and employability	4170
that grants the prisoner relief from one or more mandatory civil	4171
impacts that would affect a potential job within a field in which	4172
the prisoner trained as part of the prisoner's in-prison	4173
vocational program. The prisoner shall specify the mandatory civil	4174
impacts from which the prisoner is requesting relief under the	4175
certificate. Upon application by a prisoner in accordance with	4176
this division, if the mandatory civil impact of any licensing	4177
agency would be affected by the issuance of the certificate to the	4178
prisoner, the department or authority shall notify the licensing	4179
agency of the filing of the application, provide the licensing	4180
agency with a copy of the application and all evidence that the	4181
department, authority, or court has regarding the prisoner, and	4182
afford the licensing agency with an opportunity to object in	4183
writing to the issuance of the certificate to the prisoner.	4184

(2) Upon application by a prisoner in accordance with	4185
division (C)(1) of this section, the department of rehabilitation	4186
and correction or the adult parole authority, whichever is	4187
applicable, shall consider the application and all objections to	4188
the issuance of a certificate of achievement and employability to	4189
the prisoner, if any, that were made by a licensing agency under	4190
division (C)(1) of this section. If the department or authority	4191
determines that the prisoner is an eligible prisoner, that the	4192
application was filed at a time specified in division (B) of this	4193
section, and that any licensing agency objections to the issuance	4194
of the certificate to the prisoner are not sufficient to deny the	4195
issuance of the certificate to the prisoner, subject to division	4196
(C)(3) of this section, the department or authority shall issue	4197
the prisoner a certificate of achievement and employability that	4198
grants the prisoner relief from the mandatory civil impacts that	4199
are specified in the prisoner's application and that would affect	4200
a potential job within a field in which the prisoner trained as	4201
part of the prisoner's in-prison vocational program.	4202

(3) The mandatory civil impacts identified in division (A)(1)	4203
of section 2961.01 and in division (B) of section 2961.02 of the	4204
Revised Code shall not be affected by any certificate of	4205
achievement and employability issued under this section. No	4206
certificate of achievement and employability issued to a prisoner	4207
under this section grants the prisoner relief from the mandatory	4208
civil impacts identified in division (A)(1) of section 2961.01 and	4209
in division (B) of section 2961.02 of the Revised Code.	4210

~~(E)~~(D) The department of rehabilitation and correction shall	4211
adopt rules that define in-prison vocational programs and	4212
cognitive or behavioral improvement programs that a prisoner may	4213
complete to satisfy the criteria described in divisions (A)(1)(a)	4214
and (b) of this section.	4215

(E) The department of rehabilitation and correction and the	4216
adult parole authority shall not be liable for any claim for	4217
damages arising from the department's or authority's issuance,	4218
denial, or revocation of a certificate of achievement and	4219
employability or for the department's or authority's failure to	4220
revoke a certificate of achievement and employability under the	4221
circumstances described in section 2961.24 of the Revised Code.	4222

Sec. 2967.03. The adult parole authority may exercise its	4223
functions and duties in relation to the pardon, commutation of	4224
sentence, or reprieve of a convict upon direction of the governor	4225
or upon its own initiative. It may exercise its functions and	4226
duties in relation to the parole of a prisoner who is eligible for	4227
parole upon the initiative of the head of the institution in which	4228
the prisoner is confined or upon its own initiative. When a	4229
prisoner becomes eligible for parole, the head of the institution	4230
in which the prisoner is confined shall notify the authority in	4231
the manner prescribed by the authority. The authority may	4232
investigate and examine, or cause the investigation and	4233
examination of, prisoners confined in state correctional	4234
institutions concerning their conduct in the institutions, their	4235
mental and moral qualities and characteristics, their knowledge of	4236
a trade or profession, their former means of livelihood, their	4237
family relationships, and any other matters affecting their	4238
fitness to be at liberty without being a threat to society.	4239

The authority may recommend to the governor the pardon,	4240
commutation of sentence, ~~medical release,~~ or reprieve of any	4241
convict or prisoner or grant a parole to any prisoner for whom	4242
parole is authorized, if in its judgment there is reasonable	4243
ground to believe that granting a pardon, commutation, ~~medical~~	4244
~~release,~~ or reprieve to the convict or paroling the prisoner would	4245
further the interests of justice and be consistent with the	4246
welfare and security of society. However, the authority shall not	4247
recommend a pardon,or commutation of sentence, ~~or medical release~~	4248
~~of,~~ or grant a parole to, any convict or prisoner until the	4249
authority has complied with the applicable notice requirements of	4250
sections 2930.16 and 2967.12 of the Revised Code and until it has	4251
considered any statement made by a victim or a victim's	4252
representative that is relevant to the convict's or prisoner's	4253
case and that was sent to the authority pursuant to section	4254
2930.17 of the Revised Code, any other statement made by a victim	4255
or a victim's representative that is relevant to the convict's or	4256
prisoner's case and that was received by the authority after it	4257
provided notice of the pendency of the action under sections	4258
2930.16 and 2967.12 of the Revised Code, and any written statement	4259
of any person submitted to the court pursuant to division (G) of	4260
section 2967.12 of the Revised Code. If a victim, victim's	4261
representative, or the victim's spouse, parent, sibling, or child	4262
appears at a full board hearing of the parole board and gives	4263
testimony as authorized by section 5149.101 of the Revised Code,	4264
the authority shall consider the testimony in determining whether	4265
to grant a parole. The trial judge and prosecuting attorney of the	4266
trial court in which a person was convicted shall furnish to the	4267
authority, at the request of the authority, a summarized statement	4268
of the facts proved at the trial and of all other facts having	4269
reference to the propriety of recommending a pardon,or	4270
commutation~~, or medical release,~~ or granting a parole, together	4271
with a recommendation for or against a pardon, commutation,	4272
~~medical release,~~ or parole, and the reasons for the	4273
recommendation. The trial judge, the prosecuting attorney,	4274
specified law enforcement agency members, and a representative of	4275
the prisoner may appear at a full board hearing of the parole	4276
board and give testimony in regard to the grant of a parole to the	4277
prisoner as authorized by section 5149.101 of the Revised Code.	4278
All state and local officials shall furnish information to the	4279
authority, when so requested by it in the performance of its	4280
duties.	4281

The adult parole authority shall exercise its functions and	4282
duties in relation to the release of prisoners who are serving a	4283
stated prison term in accordance with section 2967.28 of the	4284
Revised Code.	4285

Sec. 2967.05. (A) As used in this section:

4286

(1) "Imminent danger of death" means that the inmate has a	4287
medically diagnosable condition that will cause death to occur	4288
within a short period of time.	4289

As used in division (A)(1) of this section, "within a short	4290
period of time" means generally within six months.	4291

(2)(a) "Medically incapacitated" means any diagnosable	4292
medical condition, including mental dementia and severe, permanent	4293
medical or cognitive disability, that prevents the inmate from	4294
completing activities of daily living without significant	4295
assistance, that incapacitates the inmate to the extent that	4296
institutional confinement does not offer additional restrictions,	4297
that is likely to continue throughout the entire period of parole,	4298
and that is unlikely to improve noticeably.	4299

(b) "Medically incapacitated" does not include conditions	4300
related solely to mental illness unless the mental illness is	4301
accompanied by injury, disease, or organic defect.	4302

(3)(a) "Terminal illness" means a condition that satisfies	4303
all of the following criteria:	4304

(i) The condition is irreversible and incurable and is caused	4305
by disease, illness, or injury from which the inmate is unlikely	4306
to recover.	4307

(ii) In accordance with reasonable medical standards and a	4308
reasonable degree of medical certainty, the condition is likely to	4309
cause death to the inmate within twelve months.	4310

(iii) Institutional confinement of the inmate does not offer	4311
additional protections for public safety or against the inmate's	4312
risk to reoffend.	4313

(b) The department of rehabilitation and correction shall	4314
adopt rules pursuant to Chapter 119. of the Revised Code to	4315
implement the definition of "terminal illness" in division	4316
(A)(3)(a) of this section.	4317

(B) Upon the recommendation of the director of rehabilitation	4318
and correction, accompanied by a certificate of the attending	4319
physician that an inmate is terminally ill, medically	4320
incapacitated, or in imminent danger of death, the governor may	4321
order the inmate's release as if on parole, reserving the right to	4322
return the inmate to the institution pursuant to this section. If,	4323
subsequent to the inmate's release, the inmate's health improves	4324
so that the inmate is no longer terminally ill, medically	4325
incapacitated, or in imminent danger of death, the inmate shall be	4326
returned, by order of the governor, to the institution from which	4327
the inmate was released. If the inmate violates any rules or	4328
conditions applicable to the inmate, the inmate may be returned to	4329
an institution under the control of the department of	4330
rehabilitation and correction. The governor may direct the adult	4331
parole authority to investigate or cause to be investigated the	4332
inmate and make a recommendation ~~in the manner set forth in~~	4333
~~section 2967.03 of the Revised Code~~. An inmate released under this	4334
section shall be subject to supervision by the adult parole	4335
authority in accordance with any recommendation of the adult	4336
parole authority that is approved by the governor. The adult	4337
parole authority shall adopt rules pursuant to section 119.03 of	4338
the Revised Code to establish the procedure for medical release of	4339
an inmate when an inmate is terminally ill, medically	4340
incapacitated, or in imminent danger of death.	4341

(C) No inmate is eligible for release under this section if	4342
the inmate is serving a death sentence, a sentence of life without	4343
parole, a sentence under Chapter 2971. of the Revised Code for a	4344
felony of the first or second degree, a sentence for aggravated	4345
murder or murder, or a mandatory prison term for an offense of	4346
violence or any specification described in Chapter 2941. of the	4347
Revised Code.	4348

Sec. 2967.14. (A) The department of rehabilitation and	4349
correction or the adult parole authority may require or allow a	4350
parolee, a releasee, or a prisoner otherwise released from a state	4351
correctional institution to reside in a halfway house or other	4352
suitable community residential center that has been licensed by	4353
the division of parole and community services pursuant to division	4354
(C) of this section during a part or for the entire period of the	4355
offender's or parolee's conditional release or of the releasee's	4356
term of post-release control. The court of common pleas that	4357
placed an offender under a sanction consisting of a term in a	4358
halfway house or in an alternative residential sanction may	4359
require the offender to reside in a halfway house or other	4360
suitable community residential center that is designated by the	4361
court and that has been licensed by the division pursuant to	4362
division (C) of this section during a part or for the entire	4363
period of the offender's residential sanction.	4364

(B) The division of parole and community services may	4365
negotiate and enter into agreements with any public or private	4366
agency or a department or political subdivision of the state that	4367
operates a halfway house, reentry center, or community residential	4368
center that has been licensed by the division pursuant to division	4369
(C) of this section. An agreement under this division shall	4370
provide for the purchase of beds, shall set limits of supervision	4371
and levels of occupancy, and shall determine the scope of services	4372
for all eligible offenders, including those subject to a	4373
residential sanction, as defined in rules adopted by the director	4374
of rehabilitation and correction in accordance with Chapter 119.	4375
of the Revised Code, or those released from prison without	4376
supervision. The payments for beds and services shall not exceed	4377
the total operating costs of the halfway house, reentry center, or	4378
community residential center during the term of an agreement. The	4379
director of rehabilitation and correction shall adopt rules in	4380
accordance with Chapter 119. of the Revised Code for determining	4381
includable and excludable costs and income to be used in computing	4382
the agency's average daily per capita costs with its facility at	4383
full occupancy.	4384

The ~~department~~director of rehabilitation and correction ~~may~~	4385
shall adopt rules providing for the use of no more than ~~ten~~	4386
fifteen per cent of the amount appropriated to the department each	4387
fiscal year for the halfway house, reentry center, and community	4388
residential center program to pay for contracts with licensed	4389
halfway houses for nonresidential services for offenders under the	4390
supervision of the adult parole authority, including but not	4391
limited to, offenders supervised pursuant to an agreement entered	4392
into by the adult parole authority and a court of common pleas	4393
under section 2301.32 of the Revised Code. The nonresidential	4394
services may include, but are not limited to, treatment for	4395
substance abuse, mental health counseling, counseling for sex	4396
offenders, ~~and~~ electronic monitoring services, aftercare, and	4397
other nonresidential services that the director identifies by	4398
rule.	4399

(C) The division of parole and community services may license	4400
a halfway house, reentry center, or community residential center	4401
as a suitable facility for the care and treatment of adult	4402
offenders, including offenders sentenced under section 2929.16 or	4403
2929.26 of the Revised Code, only if the halfway house, reentry	4404
center, or community residential center complies with the	4405
standards that the division adopts in accordance with Chapter 119.	4406
of the Revised Code for the licensure of halfway houses, reentry	4407
centers, and community residential centers. The division shall	4408
annually inspect each licensed halfway house, licensed reentry	4409
center, and licensed community residential center to determine if	4410
it is in compliance with the licensure standards.	4411

Sec. 2967.19. (A) As used in this section:

4412

(1) "Deadly weapon" and "dangerous ordnance" have the same	4413
meanings as in section 2923.11 of the Revised Code.	4414

(2) "Disqualifying prison term" means any of the following:

4415

(a) A prison term imposed for aggravated murder, murder,	4416
voluntary manslaughter, involuntary manslaughter, felonious	4417
assault, kidnapping, rape, aggravated arson, aggravated burglary,	4418
or aggravated robbery;	4419

(b) A prison term imposed for complicity in, an attempt to	4420
commit, or conspiracy to commit any offense listed in division	4421
(A)(2)(a) of this section;	4422

(c) A prison term of life imprisonment, including any term of	4423
life imprisonment that has parole eligibility;	4424

(d) A prison term imposed for any felony other than carrying	4425
a concealed weapon an essential element of which is any conduct or	4426
failure to act expressly involving any deadly weapon or dangerous	4427
ordnance;	4428

(e) A prison term imposed for any violation of section	4429
2925.03 of the Revised Code that is a felony of the first or	4430
second degree;	4431

(f) A prison term imposed for engaging in a pattern of	4432
corrupt activity in violation of section 2923.32 of the Revised	4433
Code;	4434

(g) A prison term imposed pursuant to section 2971.03 of the	4435
Revised Code;	4436

(h) A prison term imposed for any sexually oriented offense.

4437

(3) "Eligible prison term" means any prison term that is not	4438
a disqualifying prison term and is not a restricting prison term.	4439

(4) "Restricting prison term" means any of the following:

4440

(a) A mandatory prison term imposed under division	4441
~~(D)~~(B)(1)(a), ~~(D)~~(B)(1)(c), ~~(D)~~(B)(1)(f), ~~(D)~~(B)(1)(g),	4442
~~(D)~~(B)(2), or ~~(D)~~(B)(7) of section 2929.14 of the Revised Code for	4443
a specification of the type described in that division;	4444

(b) In the case of an offender who has been sentenced to a	4445
mandatory prison term for a specification of the type described in	4446
division (A)(4)(a) of this section, the prison term imposed for	4447
the felony offense for which the specification was stated at the	4448
end of the body of the indictment, count in the indictment, or	4449
information charging the offense;	4450

4451

(d) A prison term imposed for any offense that is described	4452
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	4453
of this section applies to the offender:	4454

(i) The offense is a felony of the first or second degree	4455
that is an offense of violence and that is not described in	4456
division (A)(2)(a) or (b) of this section, an attempt to commit a	4457
felony of the first or second degree that is an offense of	4458
violence and that is not described in division (A)(2)(a) or (b) of	4459
this section if the attempt is a felony of the first or second	4460
degree, or an offense under an existing or former law of this	4461
state, another state, or the United States that is or was	4462
substantially equivalent to any other offense described in this	4463
division.	4464

(ii) The offender previously was convicted of or pleaded	4465
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	4466
this section.	4467

(5) "Sexually oriented offense" has the same meaning as in	4468
section 2950.01 of the Revised Code.	4469

(B) The director of the department of rehabilitation and	4470
correction may ~~petition~~recommend in writing to the sentencing	4471
court ~~for the release~~that the court consider releasing from	4472
prison of any offender who, on or after September 30, 2011, is	4473
confined in a state correctional institution ~~under~~, who is serving	4474
a stated prison term of one year or more, and who is eligible	4475
under division (C) of this section for a release under this	4476
section ~~and who has served at least eighty per cent of that stated~~	4477
~~prison term that remains to be served after the offender becomes~~	4478
~~eligible as described in that division~~. If the director wishes to	4479
~~submit a petition for release~~recommend that the sentencing court	4480
consider releasing an offender under this section, the director	4481
shall ~~submit the petition~~notify the sentencing court in writing	4482
of the offender's eligibility not earlier than ninety days prior	4483
to the date on which the offender ~~has served eighty per cent of~~	4484
~~the offender's stated prison term that remains to be served after~~	4485
~~the offender~~ becomes eligible as described in division (C) of this	4486
section. The director's submission of ~~a petition for release under~~	4487
~~this section~~the written notice constitutes a recommendation by	4488
the director that the court strongly consider release of the	4489
offender consistent with the purposes and principles of sentencing	4490
set forth in sections 2929.11 and 2929.13 of the Revised Code.	4491
Only an offender recommended by the director under division (B) of	4492
this section may be considered for early release under this	4493
section.	4494

(C)(1) An offender serving a stated prison term of one year	4495
or more and who has commenced service of that stated prison term	4496
becomes eligible for release from prison under this section only	4497
as described in this division. An offender serving a stated prison	4498
term that includes a disqualifying prison term is not eligible for	4499
release from prison under this section. An offender serving a	4500
stated prison term that consists solely of one or more restricting	4501
prison terms is not eligible for release under this section. An	4502
offender serving a stated prison term of one year or more that	4503
includes one or more restricting prison terms and one or more	4504
eligible prison terms becomes eligible for release under this	4505
section after having fully served ~~each~~all restricting prison ~~term~~	4506
terms and having served eighty per cent of the stated prison term	4507
that remains to be served after all restricting prison terms have	4508
been fully served. An offender serving a stated prison term that	4509
consists solely of one or more eligible prison terms becomes	4510
eligible for release under this section ~~upon the offender's~~	4511
~~commencement of service~~after having served eighty per cent of	4512
that stated prison term. ~~After an offender becomes eligible for~~	4513
~~release under this section, the director of rehabilitation and~~	4514
~~correction may petition for the release of the offender under~~	4515
~~division (C)(2) of this section no earlier than ninety days before~~	4516
~~the offender has served the portion of the offender's stated~~	4517
~~prison term specified in that division.~~ For purposes of	4518
determining an offender's eligibility for release under this	4519
section, if the offender's stated prison term includes consecutive	4520
prison terms, any restricting prison terms shall be deemed served	4521
prior to any eligible prison terms that run consecutively to the	4522
restricting prison terms, and the eligible prison terms are deemed	4523
to commence after all of the restricting prison terms have been	4524
fully served.	4525

An offender serving a stated prison term ~~one~~of one year or	4526
more that includes a mandatory prison term that is not a	4527
disqualifying prison term and is not a restricting prison term is	4528
not automatically ineligible as a result of the offender's service	4529
of that mandatory term for release from prison under this section,	4530
and the offender's eligibility for release from prison under this	4531
section is determined in accordance with this division.	4532

(2) If an offender confined in a state correctional	4533
institution under a stated prison term is eligible for release	4534
under this section as described in division (C)(1) of this	4535
section, the director of the department of rehabilitation and	4536
correction may ~~petition~~recommend in writing that the sentencing	4537
court ~~pursuant to division (B) of this section for the release~~	4538
consider releasing the offender from prison ~~of the offender~~under	4539
this section by submitting to the sentencing court the written	4540
notice described in division (B) of this section.	4541

(D) The director shall include with any ~~petition~~notice	4542
submitted to the sentencing court under division (B) of this	4543
section an institutional summary report that covers the offender's	4544
participation while confined in a state correctional institution	4545
in school, training, work, treatment, and other rehabilitative	4546
activities and any disciplinary action taken against the offender	4547
while so confined. The director shall include with the ~~petition a~~	4548
~~post-release control assessment and placement plan, when relevant,~~	4549
~~and~~notice any other documentation requested by the court, if	4550
available.	4551

(E) When the director submits a ~~petition~~written notice to a	4552
sentencing court that an offender is eligible to be considered for	4553
early release under this section ~~for release of an offender~~, the	4554
department promptly shall provide to the prosecuting attorney of	4555
the county in which the offender was indicted a copy of the	4556
~~petition~~written notice, a copy of the institutional summary	4557
report, and any other information provided to the court. The	4558
department also promptly shall give written notice of the ~~filing~~	4559
~~of the petition~~submission to any victim of the offender or	4560
victim's representative of any victim of the offender who is	4561
registered with the office of victim's services.	4562

The department also shall post a copy of the written notice	4563
~~of the petition~~ on the database it maintains under section 5120.66	4564
of the Revised Code and include information on where a person may	4565
send comments regarding the ~~petition~~recommendation of early	4566
release.	4567

The information provided to the court, the prosecutor, and	4568
the victim or victim's representative under divisions (D) and (E)	4569
of this section shall include the name and contact information of	4570
a specific department of rehabilitation and correction employee	4571
who is available to answer questions about the offender who is the	4572
subject of the written notice submitted by the director,	4573
including, but not limited to, the offender's institutional	4574
conduct and rehabilitative activities while incarcerated.	4575

(F) Upon receipt of a ~~petition for release of an offender~~	4576
written notice submitted by the director under division (B) of	4577
this section, the court ~~may deny the petition without~~either	4578
shall, on its own motion, schedule a hearing to consider releasing	4579
the offender who is the subject of the notice or shall inform the	4580
department that it will not be conducting a hearing relative to	4581
the offender. The court shall not grant ~~a petition for~~an early	4582
release ofto an offender without holding a hearing. If a court	4583
~~denies a petition for release of an offender without~~declines to	4584
hold a hearing relative to an offender with respect to a written	4585
notice submitted by the director, the court may later consider	4586
release of that offender under this section on ~~a subsequent~~	4587
~~petition. The court shall enter its ruling within~~its own motion	4588
by scheduling a hearing for that purpose. Within thirty days after	4589
the ~~petition~~written notice is ~~filed~~submitted, the court shall	4590
inform the department whether or not the court is scheduling a	4591
hearing on the offender who is the subject of the notice.	4592

(G) If the court ~~grants~~schedules a hearing onupon receiving	4593
a ~~petition for release of an offender~~written notice submitted	4594
under division (B) of this section or upon its own motion under	4595
division (F) of this section, the court shall notify the head of	4596
the state correctional institution in which the offender is	4597
confined of the hearing prior to the hearing. If the court makes a	4598
journal entry ordering the offender to be conveyed to the hearing,	4599
except as otherwise provided in this division, the head of the	4600
correctional institution shall deliver the offender to the sheriff	4601
of the county in which the hearing is to be held, and the sheriff	4602
shall convey the offender to and from the hearing. Upon the	4603
court's own motion or the motion of the offender or the	4604
prosecuting attorney of the county in which the offender was	4605
indicted, the court may permit the offender to appear at the	4606
hearing by video conferencing equipment if equipment of that	4607
nature is available and compatible.	4608

Upon receipt of notice from a court of a hearing on the	4609
release of an offender under this division, the head of the state	4610
correctional institution in which the offender is confined	4611
immediately shall notify the appropriate person at the department	4612
of rehabilitation and correction of the hearing, and the	4613
department within twenty-four hours after receipt of the notice	4614
shall post on the database it maintains pursuant to section	4615
5120.66 of the Revised Code the offender's name and all of the	4616
information specified in division (A)(1)(c)(i) of that section. If	4617
the court ~~grants~~schedules a hearing ~~on a petition for release of~~	4618
~~an offender~~ under this section, the court promptly shall give	4619
notice of the hearing to the prosecuting attorney of the county in	4620
which the offender was indicted. Upon receipt of the notice from	4621
the court, the prosecuting attorney shall notify pursuant to	4622
section 2930.16 of the Revised Code any victim of the offender or	4623
the victim's representative of the hearing.	4624

(H) If the court ~~grants~~schedules a hearing ~~on a petition for~~	4625
~~release of an offender~~ under this section, at the hearing, the	4626
court shall afford the offender and the offender's attorney an	4627
opportunity to present written information and, if present, oral	4628
information relevant to the ~~motion~~offender's early release. The	4629
court shall afford a similar opportunity to the prosecuting	4630
attorney, victim or victim's representative, as defined in section	4631
2930.01 of the Revised Code, and any other person the court	4632
determines is likely to present additional relevant information.	4633
If the court pursuant to division (G) of this section permits the	4634
offender to appear at the hearing by video conferencing equipment,	4635
the offender's opportunity to present oral information shall be as	4636
a part of the video conferencing. The court shall consider any	4637
statement of a victim made under section 2930.14 or 2930.17 of the	4638
Revised Code, any victim impact statement prepared under section	4639
2947.051 of the Revised Code, and any report~~, plan,~~ and other	4640
documentation submitted by the director under division (D) of this	4641
section. After ruling on ~~the motion~~whether to grant the offender	4642
early release, the court shall notify the victim in accordance	4643
with sections 2930.03 and 2930.16 of the Revised Code.	4644

(I) If the court grants ~~a petition for release of~~ an offender	4645
early release under this section, it shall order the release of	4646
the offender, shall place the offender under one or more	4647
appropriate community control sanctions, under appropriate	4648
conditions, and under the supervision of the department of	4649
probation that serves the court, and shall reserve the right to	4650
reimpose the sentence that it reduced and from which the offender	4651
was released if the offender violates the sanction. The court	4652
shall not make a release under this section effective prior to the	4653
date on which the offender ~~has served at least eighty per cent of~~	4654
~~the offender's stated prison term that remains to be served after~~	4655
~~the offender~~ becomes eligible as described in division (C) of this	4656
section. If the sentence under which the offender is confined in a	4657
state correctional institution and from which the offender is	4658
being released was imposed for a felony of the first or second	4659
degree, the court shall consider ordering that the offender be	4660
monitored by means of a global positioning device. If the court	4661
reimposes the sentence that it reduced and from which the offender	4662
was released and if the violation of the sanction is a new	4663
offense, the court may order that the reimposed sentence be served	4664
either concurrently with, or consecutive to, any new sentence	4665
imposed upon the offender as a result of the violation that is a	4666
new offense. The period of all community control sanctions imposed	4667
under this division shall not exceed five years. The court, in its	4668
discretion, may reduce the period of community control sanctions	4669
by the amount of time the offender spent in jail or prison for the	4670
offense.	4671

If the court grants ~~a petition for release of~~ an offender	4672
early release under this section, it shall notify the appropriate	4673
person at the department of rehabilitation and correction of the	4674
release, and the department shall post notice of the release on	4675
the database it maintains pursuant to section 5120.66 of the	4676
Revised Code.	4677

(J) The department shall adopt under Chapter 119. of the	4678
Revised Code any rules necessary to implement this section.	4679

Sec. 2967.191. The department of rehabilitation and	4680
correction shall reduce the stated prison term of a prisoner or,	4681
if the prisoner is serving a term for which there is parole	4682
eligibility, the minimum and maximum term or the parole	4683
eligibility date of the prisoner by the total number of days that	4684
the prisoner was confined for any reason arising out of the	4685
offense for which the prisoner was convicted and sentenced,	4686
including confinement in lieu of bail while awaiting trial,	4687
confinement for examination to determine the prisoner's competence	4688
to stand trial or sanity, and confinement while awaiting	4689
transportation to the place where the prisoner is to serve the	4690
prisoner's prison term, as determined by the sentencing court	4691
under division (B)(2)(g)(i) of section 2929.19 of the Revised	4692
Code. The department of rehabilitation and correction also shall	4693
reduce the stated prison term of a prisoner or, if the prisoner is	4694
serving a term for which there is parole eligibility, the minimum	4695
and maximum term or the parole eligibility date of the prisoner by	4696
the total number of days, if any, that the prisoner previously	4697
served in the custody of the department of rehabilitation and	4698
correction arising out of the offense for which the prisoner was	4699
convicted and sentenced.	4700

Sec. 2967.193. (A)(1) Except as provided in division (C) of	4701
this section and subject to the maximum aggregate total specified	4702
in division (A)(2) of this section, a person confined in a state	4703
correctional institution may provisionally earn one day or five	4704
days of credit, based on the category set forth in division	4705
(D)(1), (2), (3), (4), or (5) of this section in which the person	4706
is included, toward satisfaction of the person's stated prison	4707
term for each completed month during which the person productively	4708
participates in an education program, vocational training,	4709
employment in prison industries, treatment for substance abuse, or	4710
any other constructive program developed by the department with	4711
specific standards for performance by prisoners. Except as	4712
provided in division (C) of this section and subject to the	4713
maximum aggregate total specified in division (A)(2) of this	4714
section, a person so confined who successfully completes two	4715
programs or activities of that type may, in addition,	4716
provisionally earn up to five days of credit toward satisfaction	4717
of the person's stated prison term for the successful completion	4718
of the second program or activity. The person shall not be awarded	4719
any provisional days of credit for the successful completion of	4720
the first program or activity or for the successful completion of	4721
any program or activity that is completed after the second program	4722
or activity. At the end of each calendar month in which a prisoner	4723
productively participates in a program or activity listed in this	4724
division or successfully completes a program or activity listed in	4725
this division, the department of rehabilitation and correction	4726
shall determine and record the total number of days credit that	4727
the prisoner provisionally earned in that calendar month. If the	4728
prisoner violates prison rules, the department may deny the	4729
prisoner a credit that otherwise could have been provisionally	4730
awarded to the prisoner or may withdraw one or more credits	4731
previously provisionally earned by the prisoner. Days of credit	4732
provisionally earned by a prisoner shall be finalized and awarded	4733
by the department subject to administrative review by the	4734
department of the prisoner's conduct.	4735

(2) The aggregate days of credit provisionally earned by a	4736
person for program or activity participation and program and	4737
activity completion under this section and the aggregate days of	4738
credit finally credited to a person under this section shall not	4739
exceed eight per cent of the total number of days in the person's	4740
stated prison term.	4741

(B) The department of rehabilitation and correction shall	4742
adopt rules that specify the programs or activities for which	4743
credit may be earned under this section, the criteria for	4744
determining productive participation in, or completion of, the	4745
programs or activities and the criteria for awarding credit,	4746
including criteria for awarding additional credit for successful	4747
program or activity completion, and the criteria for denying or	4748
withdrawing previously provisionally earned credit as a result of	4749
a violation of prison rules.	4750

(C) No person confined in a state correctional institution to	4751
whom any of the following applies shall be awarded any days of	4752
credit under division (A) of this section:	4753

(1) The person is serving a prison term that section 2929.13	4754
or section 2929.14 of the Revised Code specifies cannot be reduced	4755
pursuant to this section or this ~~Chapter~~chapter or is serving a	4756
sentence for which section 2967.13 or division (B) of section	4757
2929.143 of the Revised Code specifies that the person is not	4758
entitled to any earned credit under this section.	4759

(2) The person is sentenced to death or is serving a prison	4760
term or a term of life imprisonment for aggravated murder, murder,	4761
or a conspiracy or attempt to commit, or complicity in committing,	4762
aggravated murder or murder.	4763

(3) The person is serving a sentence of life imprisonment	4764
without parole imposed pursuant to section 2929.03 or 2929.06 of	4765
the Revised Code, a prison term or a term of life imprisonment	4766
without parole imposed pursuant to section 2971.03 of the Revised	4767
Code, or a sentence for a sexually oriented offense that was	4768
committed on or after ~~the effective date of this amendment~~	4769
September 30, 2011.	4770

(D) This division does not apply to a determination of	4771
whether a person confined in a state correctional institution may	4772
earn any days of credit under division (A) of this section for	4773
successful completion of a second program or activity. The	4774
determination of whether a person confined in a state correctional	4775
institution may earn one day of credit or five days of credit	4776
under division (A) of this section for each completed month during	4777
which the person productively participates in a program or	4778
activity specified under that division shall be made in accordance	4779
with the following:	4780

(1) The offender may earn one day of credit under division	4781
(A) of this section, except as provided in division (C) of this	4782
section, if the most serious offense for which the offender is	4783
confined is any of the following that is a felony of the first or	4784
second degree:	4785

(a) A violation of division (A) of section 2903.04 or of	4786
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	4787
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	4788
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	4789
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	4790
of the Revised Code;	4791

(b) A conspiracy or attempt to commit, or complicity in	4792
committing, any other offense for which the maximum penalty is	4793
imprisonment for life or any offense listed in division (D)(1)(a)	4794
of this section.	4795

(2) The offender may earn one day of credit under division	4796
(A) of this section, except as provided in division (C) of this	4797
section, if the offender is serving a stated prison term that	4798
includes a prison term imposed for a sexually oriented offense	4799
that the offender committed prior to ~~the effective date of this~~	4800
~~amendment~~September 30, 2011.	4801

(3) The offender may earn one day of credit under division	4802
(A) of this section, except as provided in division (C) of this	4803
section, if the offender is serving a stated prison term that	4804
includes a prison term imposed for a felony other than carrying a	4805
concealed weapon an essential element of which is any conduct or	4806
failure to act expressly involving any deadly weapon or dangerous	4807
ordnance.	4808

(4) Except as provided in division (C) of this section, if	4809
the most serious offense for which the offender is confined is a	4810
felony of the first or second degree and divisions (D)(1), (2),	4811
and (3) of this section do not apply to the offender, the offender	4812
may earn one day of credit under division (A) of this section if	4813
the offender committed that offense prior to ~~the effective date of~~	4814
~~this amendment~~September 30, 2011, and the offender may earn five	4815
days of credit under division (A) of this section if the offender	4816
committed that offense on or after ~~the effective date of this~~	4817
~~amendment~~September 30, 2011.	4818

(5) Except as provided in division (C) of this section, if	4819
the most serious offense for which the offender is confined is a	4820
felony of the third, fourth, or fifth degree or an unclassified	4821
felony and neither division (D)(2) nor (3) of this section applies	4822
to the offender, the offender may earn one day of credit under	4823
division (A) of this section if the offender committed that	4824
offense prior to ~~the effective date of this amendment~~September	4825
30, 2011, and the offender may earn five days of credit under	4826
division (A) of this section if the offender committed that	4827
offense on or after ~~the effective date of this amendment~~September	4828
30, 2011.	4829

(E) ~~If a court imposes a sentence including a prison term on~~	4830
~~or after the effective date of this amendment for a felony, and if~~	4831
~~the court is required to include notice of the type described in~~	4832
~~division (F)(3) of section 2929.14 of the Revised Code in the~~	4833
~~offender's sentence, the failure of the court to include the~~	4834
~~notice does not affect the eligibility of the offender under this~~	4835
~~section to earn any days of credit as a deduction from the~~	4836
~~offender's stated prison term or otherwise render any part of this~~	4837
~~section or any action taken under this section void or voidable~~	4838
~~and does not constitute grounds for setting aside the offender's~~	4839
~~conviction or sentence or for granting postconviction relief to~~	4840
~~the offender.~~	4841

~~(F)~~ The department annually shall seek and consider the	4842
written feedback of the Ohio prosecuting attorneys association,	4843
the Ohio judicial conference, the Ohio public defender, the Ohio	4844
association of criminal defense lawyers, and other organizations	4845
and associations that have an interest in the operation of the	4846
corrections system and the earned credits program under this	4847
section as part of its evaluation of the program and in	4848
determining whether to modify the program.	4849

~~(G)~~(F) As used in this section, "sexually oriented offense"	4850
has the same meaning as in section 2950.01 of the Revised Code.	4851

Sec. 2967.26. (A)(1) The department of rehabilitation and	4852
correction, by rule, may establish a transitional control program	4853
for the purpose of closely monitoring a prisoner's adjustment to	4854
community supervision during the final one hundred eighty days of	4855
the prisoner's confinement. If the department establishes a	4856
transitional control program under this division, the ~~adult parole~~	4857
~~authority~~division of parole and community services of the	4858
department of rehabilitation and correction may transfer eligible	4859
prisoners to transitional control status under the program during	4860
the final one hundred eighty days of their confinement and under	4861
the terms and conditions established by the department, shall	4862
provide for the confinement as provided in this division of each	4863
eligible prisoner so transferred, and shall supervise each	4864
eligible prisoner so transferred in one or more community control	4865
sanctions. Each eligible prisoner who is transferred to	4866
transitional control status under the program shall be confined in	4867
a suitable facility that is licensed pursuant to division (C) of	4868
section 2967.14 of the Revised Code, or shall be confined in a	4869
residence the department has approved for this purpose and be	4870
monitored pursuant to an electronic monitoring device, as defined	4871
in section 2929.01 of the Revised Code. If the department	4872
establishes a transitional control program under this division,	4873
the rules establishing the program shall include criteria that	4874
define which prisoners are eligible for the program, criteria that	4875
must be satisfied to be approved as a residence that may be used	4876
for confinement under the program of a prisoner that is	4877
transferred to it and procedures for the department to approve	4878
residences that satisfy those criteria, and provisions of the type	4879
described in division (C) of this section. At a minimum, the	4880
criteria that define which prisoners are eligible for the program	4881
shall provide all of the following:	4882

(a) That a prisoner is eligible for the program if the	4883
prisoner is serving a prison term or term of imprisonment for an	4884
offense committed prior to March 17, 1998, and if, at the time at	4885
which eligibility is being determined, the prisoner would have	4886
been eligible for a furlough under this section as it existed	4887
immediately prior to March 17, 1998, or would have been eligible	4888
for conditional release under former section 2967.23 of the	4889
Revised Code as that section existed immediately prior to March	4890
17, 1998;	4891

(b) That no prisoner who is serving a mandatory prison term	4892
is eligible for the program until after expiration of the	4893
mandatory term;	4894

(c) That no prisoner who is serving a prison term or term of	4895
life imprisonment without parole imposed pursuant to section	4896
2971.03 of the Revised Code is eligible for the program.	4897

(2) At least three weeks prior to transferring to	4898
transitional control under this section a prisoner who is serving	4899
a term of imprisonment or prison term for an offense committed on	4900
or after July 1, 1996, the ~~adult~~division of parole ~~authority~~and	4901
community services shall give notice of the pendency of the	4902
transfer to transitional control to the court of common pleas of	4903
the county in which the indictment against the prisoner was found	4904
and of the fact that the court may disapprove the transfer of the	4905
prisoner to transitional control and shall include a report	4906
prepared by the head of the state correctional institution in	4907
which the prisoner is confined. The head of the state correctional	4908
institution in which the prisoner is confined, upon the request of	4909
the ~~adult parole authority~~division of parole and community	4910
services, shall provide to the ~~authority~~division for inclusion in	4911
the notice sent to the court under this division a report on the	4912
prisoner's conduct in the institution and in any institution from	4913
which the prisoner may have been transferred. The report shall	4914
cover the prisoner's participation in school, vocational training,	4915
work, treatment, and other rehabilitative activities and any	4916
disciplinary action taken against the prisoner. If the court	4917
disapproves of the transfer of the prisoner to transitional	4918
control, the court shall notify the ~~authority~~division of the	4919
disapproval within thirty days after receipt of the notice. If the	4920
court timely disapproves the transfer of the prisoner to	4921
transitional control, the ~~authority~~division shall not proceed	4922
with the transfer. If the court does not timely disapprove the	4923
transfer of the prisoner to transitional control, the ~~authority~~	4924
division may transfer the prisoner to transitional control.	4925

(3) If the victim of an offense for which a prisoner was	4926
sentenced to a prison term or term of imprisonment has requested	4927
notification under section 2930.16 of the Revised Code and has	4928
provided the department of rehabilitation and correction with the	4929
victim's name and address, the ~~adult parole authority~~division of	4930
parole and community services, at least three weeks prior to	4931
transferring the prisoner to transitional control pursuant to this	4932
section, shall notify the victim of the pendency of the transfer	4933
and of the victim's right to submit a statement to the ~~authority~~	4934
division regarding the impact of the transfer of the prisoner to	4935
transitional control. If the victim subsequently submits a	4936
statement of that nature to the ~~authority~~division, the ~~authority~~	4937
division shall consider the statement in deciding whether to	4938
transfer the prisoner to transitional control.	4939

(4) The department of rehabilitation and correction, at least	4940
three weeks prior to transferring a prisoner to transitional	4941
control pursuant to this section, shall post on the database it	4942
maintains pursuant to section 5120.66 of the Revised Code the	4943
prisoner's name and all of the information specified in division	4944
(A)(1)(c)(iv) of that section. In addition to and independent of	4945
the right of a victim to submit a statement as described in	4946
division (A)(3) of this section or to otherwise make a statement	4947
and in addition to and independent of any other right or duty of a	4948
person to present information or make a statement, any person may	4949
send to the ~~adult parole authority~~division of parole and	4950
community services at any time prior to the ~~authority's~~	4951
division's transfer of the prisoner to transitional control a	4952
written statement regarding the transfer of the prisoner to	4953
transitional control. In addition to the information, reports, and	4954
statements it considers under divisions (A)(2) and (3) of this	4955
section or that it otherwise considers, the ~~authority~~division	4956
shall consider each statement submitted in accordance with this	4957
division in deciding whether to transfer the prisoner to	4958
transitional control.	4959

(B) Each prisoner transferred to transitional control under	4960
this section shall be confined in the manner described in division	4961
(A) of this section during any period of time that the prisoner is	4962
not actually working at the prisoner's approved employment,	4963
engaged in a vocational training or another educational program,	4964
engaged in another program designated by the director, or engaged	4965
in other activities approved by the department.	4966

(C) The department of rehabilitation and correction shall	4967
adopt rules for transferring eligible prisoners to transitional	4968
control, supervising and confining prisoners so transferred,	4969
administering the transitional control program in accordance with	4970
this section, and using the moneys deposited into the transitional	4971
control fund established under division (E) of this section.	4972

(D) The department of rehabilitation and correction may adopt	4973
rules for the issuance of passes for the limited purposes	4974
described in this division to prisoners who are transferred to	4975
transitional control under this section. If the department adopts	4976
rules of that nature, the rules shall govern the granting of the	4977
passes and shall provide for the supervision of prisoners who are	4978
temporarily released pursuant to one of those passes. Upon the	4979
adoption of rules under this division, the department may issue	4980
passes to prisoners who are transferred to transitional control	4981
status under this section in accordance with the rules and the	4982
provisions of this division. All passes issued under this division	4983
shall be for a maximum of forty-eight hours and may be issued only	4984
for the following purposes:	4985

(1) To visit a relative in imminent danger of death;

4986

(2) To have a private viewing of the body of a deceased	4987
relative;	4988

(3) To visit with family;

4989

(4) To otherwise aid in the rehabilitation of the prisoner.

4990

(E) The ~~adult parole authority~~division of parole and	4991
community services may require a prisoner who is transferred to	4992
transitional control to pay to the division ~~of parole and~~	4993
~~community services~~ the reasonable expenses incurred by the	4994
division in supervising or confining the prisoner while under	4995
transitional control. Inability to pay those reasonable expenses	4996
shall not be grounds for refusing to transfer an otherwise	4997
eligible prisoner to transitional control. Amounts received by the	4998
division of parole and community services under this division	4999
shall be deposited into the transitional control fund, which is	5000
hereby created in the state treasury and which hereby replaces and	5001
succeeds the furlough services fund that formerly existed in the	5002
state treasury. All moneys that remain in the furlough services	5003
fund on March 17, 1998, shall be transferred on that date to the	5004
transitional control fund. The transitional control fund shall be	5005
used solely to pay costs related to the operation of the	5006
transitional control program established under this section. The	5007
director of rehabilitation and correction shall adopt rules in	5008
accordance with section 111.15 of the Revised Code for the use of	5009
the fund.	5010

(F) A prisoner who violates any rule established by the	5011
department of rehabilitation and correction under division (A),	5012
(C), or (D) of this section may be transferred to a state	5013
correctional institution pursuant to rules adopted under division	5014
(A), (C), or (D) of this section, but the prisoner shall receive	5015
credit towards completing the prisoner's sentence for the time	5016
spent under transitional control.	5017

If a prisoner is transferred to transitional control under	5018
this section, upon successful completion of the period of	5019
transitional control, the prisoner may be released on parole or	5020
under post-release control pursuant to section 2967.13 or 2967.28	5021
of the Revised Code and rules adopted by the department of	5022
rehabilitation and correction. If the prisoner is released under	5023
post-release control, the duration of the post-release control,	5024
the type of post-release control sanctions that may be imposed,	5025
the enforcement of the sanctions, and the treatment of prisoners	5026
who violate any sanction applicable to the prisoner are governed	5027
by section 2967.28 of the Revised Code.	5028

Sec. 2967.28. (A) As used in this section:

5029

(1) "Monitored time" means the monitored time sanction	5030
specified in section 2929.17 of the Revised Code.	5031

(2) "Deadly weapon" and "dangerous ordnance" have the same	5032
meanings as in section 2923.11 of the Revised Code.	5033

(3) "Felony sex offense" means a violation of a section	5034
contained in Chapter 2907. of the Revised Code that is a felony.	5035

(4) "Risk reduction sentence" means a prison term imposed by	5036
a court, when the court recommends pursuant to section 2929.143 of	5037
the Revised Code that the offender serve the sentence under	5038
section 5120.036 of the Revised Code, and the offender may	5039
potentially be released from imprisonment prior to the expiration	5040
of the prison term if the offender successfully completes all	5041
assessment and treatment or programming required by the department	5042
of rehabilitation and correction under section 5120.036 of the	5043
Revised Code.	5044

(B) Each sentence to a prison term for a felony of the first	5045
degree, for a felony of the second degree, for a felony sex	5046
offense, or for a felony of the third degree that is not a felony	5047
sex offense and in the commission of which the offender caused or	5048
threatened to cause physical harm to a person shall include a	5049
requirement that the offender be subject to a period of	5050
post-release control imposed by the parole board after the	5051
offender's release from imprisonment. This division applies with	5052
respect to all prison terms of a type described in this division,	5053
including a term of any such type that is a risk reduction	5054
sentence. If a court imposes a sentence including a prison term of	5055
a type described in this division on or after July 11, 2006, the	5056
failure of a sentencing court to notify the offender pursuant to	5057
division (B)(2)(c) of section 2929.19 of the Revised Code of this	5058
requirement or to include in the judgment of conviction entered on	5059
the journal a statement that the offender's sentence includes this	5060
requirement does not negate, limit, or otherwise affect the	5061
mandatory period of supervision that is required for the offender	5062
under this division. Section 2929.191 of the Revised Code applies	5063
if, prior to July 11, 2006, a court imposed a sentence including a	5064
prison term of a type described in this division and failed to	5065
notify the offender pursuant to division (B)(2)(c) of section	5066
2929.19 of the Revised Code regarding post-release control or to	5067
include in the judgment of conviction entered on the journal or in	5068
the sentence pursuant to division (D)(1) of section 2929.14 of the	5069
Revised Code a statement regarding post-release control. Unless	5070
reduced by the parole board pursuant to division (D) of this	5071
section when authorized under that division, a period of	5072
post-release control required by this division for an offender	5073
shall be of one of the following periods:	5074

(1) For a felony of the first degree or for a felony sex	5075
offense, five years;	5076

(2) For a felony of the second degree that is not a felony	5077
sex offense, three years;	5078

(3) For a felony of the third degree that is not a felony sex	5079
offense and in the commission of which the offender caused or	5080
threatened physical harm to a person, three years.	5081

(C) Any sentence to a prison term for a felony of the third,	5082
fourth, or fifth degree that is not subject to division (B)(1) or	5083
(3) of this section shall include a requirement that the offender	5084
be subject to a period of post-release control of up to three	5085
years after the offender's release from imprisonment, if the	5086
parole board, in accordance with division (D) of this section,	5087
determines that a period of post-release control is necessary for	5088
that offender. This division applies with respect to all prison	5089
terms of a type described in this division, including a term of	5090
any such type that is a risk reduction sentence. Section 2929.191	5091
of the Revised Code applies if, prior to July 11, 2006, a court	5092
imposed a sentence including a prison term of a type described in	5093
this division and failed to notify the offender pursuant to	5094
division (B)(2)(d) of section 2929.19 of the Revised Code	5095
regarding post-release control or to include in the judgment of	5096
conviction entered on the journal or in the sentence pursuant to	5097
division (D)(2) of section 2929.14 of the Revised Code a statement	5098
regarding post-release control. Pursuant to an agreement entered	5099
into under section 2967.29 of the Revised Code, a court of common	5100
pleas or parole board may impose sanctions or conditions on an	5101
offender who is placed on post-release control under this	5102
division.	5103

(D)(1) Before the prisoner is released from imprisonment, the	5104
parole board or, pursuant to an agreement under section 2967.29 of	5105
the Revised Code, the court shall impose upon a prisoner described	5106
in division (B) of this section, shall impose upon a prisoner	5107
described in division (C) of this section who is to be released	5108
before the expiration of the prisoner's stated prison term under a	5109
risk reduction sentence, may impose upon a prisoner described in	5110
division (C) of this section who is not to be released before the	5111
expiration of the prisoner's stated prison term under a risk	5112
reduction sentence, and shall impose upon a prisoner described in	5113
division (B)(2)(b) of section 5120.031 or in division (B)(1) of	5114
section 5120.032 of the Revised Code, one or more post-release	5115
control sanctions to apply during the prisoner's period of	5116
post-release control. Whenever the board or court imposes one or	5117
more post-release control sanctions upon a prisoner, the board or	5118
court, in addition to imposing the sanctions, also shall include	5119
as a condition of the post-release control that the offender not	5120
leave the state without permission of the court or the offender's	5121
parole or probation officer and that the offender abide by the	5122
law. The board or court may impose any other conditions of release	5123
under a post-release control sanction that the board or court	5124
considers appropriate, and the conditions of release may include	5125
any community residential sanction, community nonresidential	5126
sanction, or financial sanction that the sentencing court was	5127
authorized to impose pursuant to sections 2929.16, 2929.17, and	5128
2929.18 of the Revised Code. Prior to the release of a prisoner	5129
for whom it will impose one or more post-release control sanctions	5130
under this division, the parole board or court shall review the	5131
prisoner's criminal history, results from the single validated	5132
risk assessment tool selected by the department of rehabilitation	5133
and correction under section 5120.114 of the Revised Code, all	5134
juvenile court adjudications finding the prisoner, while a	5135
juvenile, to be a delinquent child, and the record of the	5136
prisoner's conduct while imprisoned. The parole board or court	5137
shall consider any recommendation regarding post-release control	5138
sanctions for the prisoner made by the office of victims'	5139
services. After considering those materials, the board or court	5140
shall determine, for a prisoner described in division (B) of this	5141
section, division (B)(2)(b) of section 5120.031, or division	5142
(B)(1) of section 5120.032 of the Revised Code and for a prisoner	5143
described in division (C) of this section who is to be released	5144
before the expiration of the prisoner's stated prison term under a	5145
risk reduction sentence, which post-release control sanction or	5146
combination of post-release control sanctions is reasonable under	5147
the circumstances or, for a prisoner described in division (C) of	5148
this section who is not to be released before the expiration of	5149
the prisoner's stated prison term under a risk reduction sentence,	5150
whether a post-release control sanction is necessary and, if so,	5151
which post-release control sanction or combination of post-release	5152
control sanctions is reasonable under the circumstances. In the	5153
case of a prisoner convicted of a felony of the fourth or fifth	5154
degree other than a felony sex offense, the board or court shall	5155
presume that monitored time is the appropriate post-release	5156
control sanction unless the board or court determines that a more	5157
restrictive sanction is warranted. A post-release control sanction	5158
imposed under this division takes effect upon the prisoner's	5159
release from imprisonment.	5160

Regardless of whether the prisoner was sentenced to the	5161
prison term prior to, on, or after July 11, 2006, prior to the	5162
release of a prisoner for whom it will impose one or more	5163
post-release control sanctions under this division, the parole	5164
board shall notify the prisoner that, if the prisoner violates any	5165
sanction so imposed or any condition of post-release control	5166
described in division (B) of section 2967.131 of the Revised Code	5167
that is imposed on the prisoner, the parole board may impose a	5168
prison term of up to one-half of the stated prison term originally	5169
imposed upon the prisoner.	5170

(2) If a prisoner who is placed on post-release control under	5171
this section is released before the expiration of the prisoner's	5172
stated prison term by reason of credit earned under section	5173
2967.193 of the Revised Code and if the prisoner earned sixty or	5174
more days of credit, the adult parole authority shall supervise	5175
the offender with an active global positioning system device for	5176
the first fourteen days after the offender's release from	5177
imprisonment. This division does not prohibit or limit the	5178
imposition of any post-release control sanction otherwise	5179
authorized by this section.	5180

(3) At any time after a prisoner is released from	5181
imprisonment and during the period of post-release control	5182
applicable to the releasee, the adult parole authority or,	5183
pursuant to an agreement under section 2967.29 of the Revised	5184
Code, the court may review the releasee's behavior under the	5185
post-release control sanctions imposed upon the releasee under	5186
this section. The authority or court may determine, based upon the	5187
review and in accordance with the standards established under	5188
division (E) of this section, that a more restrictive or a less	5189
restrictive sanction is appropriate and may impose a different	5190
sanction. The authority also may recommend that the parole board	5191
or court increase or reduce the duration of the period of	5192
post-release control imposed by the court. If the authority	5193
recommends that the board or court increase the duration of	5194
post-release control, the board or court shall review the	5195
releasee's behavior and may increase the duration of the period of	5196
post-release control imposed by the court up to eight years. If	5197
the authority recommends that the board or court reduce the	5198
duration of control for an offense described in division (B) or	5199
(C) of this section, the board or court shall review the	5200
releasee's behavior and may reduce the duration of the period of	5201
control imposed by the court. In no case shall the board or court	5202
reduce the duration of the period of control imposed for an	5203
offense described in division (B)(1) of this section to a period	5204
less than the length of the stated prison term originally imposed,	5205
and in no case shall the board or court permit the releasee to	5206
leave the state without permission of the court or the releasee's	5207
parole or probation officer.	5208

(E) The department of rehabilitation and correction, in	5209
accordance with Chapter 119. of the Revised Code, shall adopt	5210
rules that do all of the following:	5211

(1) Establish standards for the imposition by the parole	5212
board of post-release control sanctions under this section that	5213
are consistent with the overriding purposes and sentencing	5214
principles set forth in section 2929.11 of the Revised Code and	5215
that are appropriate to the needs of releasees;	5216

(2) Establish standards that provide for a period of	5217
post-release control of up to three years for all prisoners	5218
described in division (C) of this section who are to be released	5219
before the expiration of their stated prison term under a risk	5220
reduction sentence and standards by which the parole board can	5221
determine which prisoners described in division (C) of this	5222
section who are not to be released before the expiration of their	5223
stated prison term under a risk reduction sentence should be	5224
placed under a period of post-release control;	5225

(3) Establish standards to be used by the parole board in	5226
reducing the duration of the period of post-release control	5227
imposed by the court when authorized under division (D) of this	5228
section, in imposing a more restrictive post-release control	5229
sanction than monitored time upon a prisoner convicted of a felony	5230
of the fourth or fifth degree other than a felony sex offense, or	5231
in imposing a less restrictive control sanction upon a releasee	5232
based on the releasee's activities including, but not limited to,	5233
remaining free from criminal activity and from the abuse of	5234
alcohol or other drugs, successfully participating in approved	5235
rehabilitation programs, maintaining employment, and paying	5236
restitution to the victim or meeting the terms of other financial	5237
sanctions;	5238

(4) Establish standards to be used by the adult parole	5239
authority in modifying a releasee's post-release control sanctions	5240
pursuant to division (D)(2) of this section;	5241

(5) Establish standards to be used by the adult parole	5242
authority or parole board in imposing further sanctions under	5243
division (F) of this section on releasees who violate post-release	5244
control sanctions, including standards that do the following:	5245

(a) Classify violations according to the degree of	5246
seriousness;	5247

(b) Define the circumstances under which formal action by the	5248
parole board is warranted;	5249

5250

(d) Ensure procedural due process to an alleged violator;

5251

(e) Prescribe nonresidential community control sanctions for	5252
most misdemeanor and technical violations;	5253

(f) Provide procedures for the return of a releasee to	5254
imprisonment for violations of post-release control.	5255

(F)(1) Whenever the parole board imposes one or more	5256
post-release control sanctions upon an offender under this	5257
section, the offender upon release from imprisonment shall be	5258
under the general jurisdiction of the adult parole authority and	5259
generally shall be supervised by the field services section	5260
through its staff of parole and field officers as described in	5261
section 5149.04 of the Revised Code, as if the offender had been	5262
placed on parole. If the offender upon release from imprisonment	5263
violates the post-release control sanction or any conditions	5264
described in division (A) of section 2967.131 of the Revised Code	5265
that are imposed on the offender, the public or private person or	5266
entity that operates or administers the sanction or the program or	5267
activity that comprises the sanction shall report the violation	5268
directly to the adult parole authority or to the officer of the	5269
authority who supervises the offender. The authority's officers	5270
may treat the offender as if the offender were on parole and in	5271
violation of the parole, and otherwise shall comply with this	5272
section.	5273

(2) If the adult parole authority or, pursuant to an	5274
agreement under section 2967.29 of the Revised Code, the court	5275
determines that a releasee has violated a post-release control	5276
sanction or any conditions described in division (A) of section	5277
2967.131 of the Revised Code imposed upon the releasee and that a	5278
more restrictive sanction is appropriate, the authority or court	5279
may impose a more restrictive sanction upon the releasee, in	5280
accordance with the standards established under division (E) of	5281
this section or in accordance with the agreement made under	5282
section 2967.29 of the Revised Code, or may report the violation	5283
to the parole board for a hearing pursuant to division (F)(3) of	5284
this section. The authority or court may not, pursuant to this	5285
division, increase the duration of the releasee's post-release	5286
control or impose as a post-release control sanction a residential	5287
sanction that includes a prison term, but the authority or court	5288
may impose on the releasee any other residential sanction,	5289
nonresidential sanction, or financial sanction that the sentencing	5290
court was authorized to impose pursuant to sections 2929.16,	5291
2929.17, and 2929.18 of the Revised Code.	5292

(3) The parole board or, pursuant to an agreement under	5293
section 2967.29 of the Revised Code, the court may hold a hearing	5294
on any alleged violation by a releasee of a post-release control	5295
sanction or any conditions described in division (A) of section	5296
2967.131 of the Revised Code that are imposed upon the releasee.	5297
If after the hearing the board or court finds that the releasee	5298
violated the sanction or condition, the board or court may	5299
increase the duration of the releasee's post-release control up to	5300
the maximum duration authorized by division (B) or (C) of this	5301
section or impose a more restrictive post-release control	5302
sanction. When appropriate, the board or court may impose as a	5303
post-release control sanction a residential sanction that includes	5304
a prison term. The board or court shall consider a prison term as	5305
a post-release control sanction imposed for a violation of	5306
post-release control when the violation involves a deadly weapon	5307
or dangerous ordnance, physical harm or attempted serious physical	5308
harm to a person, or sexual misconduct, or when the releasee	5309
committed repeated violations of post-release control sanctions.	5310
Unless a releasee's stated prison term was reduced pursuant to	5311
section 5120.032 of the Revised Code, the period of a prison term	5312
that is imposed as a post-release control sanction under this	5313
division shall not exceed nine months, and the maximum cumulative	5314
prison term for all violations under this division shall not	5315
exceed one-half of the stated prison term originally imposed upon	5316
the offender as part of this sentence. If a releasee's stated	5317
prison term was reduced pursuant to section 5120.032 of the	5318
Revised Code, the period of a prison term that is imposed as a	5319
post-release control sanction under this division and the maximum	5320
cumulative prison term for all violations under this division	5321
shall not exceed the period of time not served in prison under the	5322
sentence imposed by the court. The period of a prison term that is	5323
imposed as a post-release control sanction under this division	5324
shall not count as, or be credited toward, the remaining period of	5325
post-release control.	5326

If an offender is imprisoned for a felony committed while	5327
under post-release control supervision and is again released on	5328
post-release control for a period of time determined by division	5329
(F)(4)(d) of this section, the maximum cumulative prison term for	5330
all violations under this division shall not exceed one-half of	5331
the total stated prison terms of the earlier felony, reduced by	5332
any prison term administratively imposed by the parole board or	5333
court, plus one-half of the total stated prison term of the new	5334
felony.	5335

(4) Any period of post-release control shall commence upon an	5336
offender's actual release from prison. If an offender is serving	5337
an indefinite prison term or a life sentence in addition to a	5338
stated prison term, the offender shall serve the period of	5339
post-release control in the following manner:	5340

(a) If a period of post-release control is imposed upon the	5341
offender and if the offender also is subject to a period of parole	5342
under a life sentence or an indefinite sentence, and if the period	5343
of post-release control ends prior to the period of parole, the	5344
offender shall be supervised on parole. The offender shall receive	5345
credit for post-release control supervision during the period of	5346
parole. The offender is not eligible for final release under	5347
section 2967.16 of the Revised Code until the post-release control	5348
period otherwise would have ended.	5349

(b) If a period of post-release control is imposed upon the	5350
offender and if the offender also is subject to a period of parole	5351
under an indefinite sentence, and if the period of parole ends	5352
prior to the period of post-release control, the offender shall be	5353
supervised on post-release control. The requirements of parole	5354
supervision shall be satisfied during the post-release control	5355
period.	5356

(c) If an offender is subject to more than one period of	5357
post-release control, the period of post-release control for all	5358
of the sentences shall be the period of post-release control that	5359
expires last, as determined by the parole board or court. Periods	5360
of post-release control shall be served concurrently and shall not	5361
be imposed consecutively to each other.	5362

(d) The period of post-release control for a releasee who	5363
commits a felony while under post-release control for an earlier	5364
felony shall be the longer of the period of post-release control	5365
specified for the new felony under division (B) or (C) of this	5366
section or the time remaining under the period of post-release	5367
control imposed for the earlier felony as determined by the parole	5368
board or court.	5369

Sec. 4511.091. (A) The driver of any motor vehicle that has	5370
been checked by radar, or by any electrical or mechanical timing	5371
device to determine the speed of the motor vehicle over a measured	5372
distance of a highway or a measured distance of a private road or	5373
driveway, and found to be in violation of any of the provisions of	5374
section 4511.21 or 4511.211 of the Revised Code, may be arrested	5375
until a warrant can be obtained, provided the arresting officer	5376
has observed the recording of the speed of the motor vehicle by	5377
the radio microwaves, electrical or mechanical timing device, or	5378
has received a radio message from the officer who observed the	5379
speed of the motor vehicle recorded by the radio microwaves,	5380
electrical or mechanical timing device; provided, in case of an	5381
arrest based on such a message, the radio message has been	5382
dispatched immediately after the speed of the motor vehicle was	5383
recorded and the arresting officer is furnished a description of	5384
the motor vehicle for proper identification and the recorded	5385
speed.	5386

(B) If the driver of a motor vehicle being driven on a public	5387
street or highway of this state is observed violating any	5388
provision of this chapter other than section 4511.21 or 4511.211	5389
of the Revised Code by a law enforcement officer situated at any	5390
location, including in any type of airborne aircraft or airship,	5391
that law enforcement officer may send a radio message to another	5392
law enforcement officer, and the other law enforcement officer may	5393
arrest the driver of the motor vehicle until a warrant can be	5394
obtained or may issue the driver a citation for the violation;	5395
provided, if an arrest or citation is based on such a message, the	5396
radio message is dispatched immediately after the violation is	5397
observed and the law enforcement officer who observes the	5398
violation furnishes to the law enforcement officer who makes the	5399
arrest or issues the citation a description of the alleged	5400
violation and the motor vehicle for proper identification.	5401

~~(C)(1) No person shall be arrested, charged, or convicted of~~	5402
~~a violation of any provision of divisions (B) to (O) of section~~	5403
~~4511.21 or section 4511.211 of the Revised Code or a substantially~~	5404
~~similar municipal ordinance based on a peace officer's unaided~~	5405
~~visual estimation of the speed of a motor vehicle, trackless~~	5406
~~trolley, or streetcar. This division does not do any of the~~	5407
~~following:~~	5408

~~(a) Preclude the use by a peace officer of a stopwatch,~~	5409
~~radar, laser, or other electrical, mechanical, or digital device~~	5410
~~to determine the speed of a motor vehicle;~~	5411

~~(b) Apply regarding any violation other than a violation of~~	5412
~~divisions (B) to (O) of section 4511.21 or section 4511.211 of the~~	5413
~~Revised Code or a substantially similar municipal ordinance;~~	5414

~~(c) Preclude a peace officer from testifying that the speed~~	5415
~~of operation of a motor vehicle, trackless trolley, or streetcar~~	5416
~~was at a speed greater or less than a speed described in division~~	5417
~~(A) of section 4511.21 of the Revised Code, the admission into~~	5418
~~evidence of such testimony, or preclude a conviction of a~~	5419
~~violation of that division based in whole or in part on such~~	5420
~~testimony.~~	5421

~~(2) As used in this division, "peace officer" has the same~~	5422
~~meaning as in section 2935.01 of the Revised Code.~~	5423

Sec. 5120.036. (A) The department of rehabilitation and	5424
correction shall provide risk reduction programming and treatment	5425
for inmates whom a court under section 2929.143 of the Revised	5426
Code recommends serve a risk reduction sentence and who meet the	5427
eligibility criteria described in division (B) of this section.	5428

(B) If an offender is sentenced to a term of imprisonment in	5429
a state correctional institution and the sentencing court	5430
recommended that the offender serve a risk reduction sentence, the	5431
department of rehabilitation and correction shall conduct a	5432
validated and objective assessment of the person's needs and risk	5433
of reoffending. If the offender cooperates with the risk	5434
assessment and agrees to participate in any programming or	5435
treatment ordered by the department, the department shall provide	5436
programming and treatment to the offender to address the risks and	5437
needs identified in the assessment.	5438

(C) If the department determines that an offender serving a	5439
term of incarceration for whom the sentencing court recommended a	5440
risk reduction sentence under section 2929.143 of the Revised Code	5441
has successfully completed the assessment and treatment or	5442
programming required by the department under division (B) of this	5443
section, the department shall release the offender to ~~supervised~~	5444
~~release~~post-release control under one or more post-release	5445
control sanctions after the offender has served each mandatory	5446
prison term to which the offender was sentenced, if any, and a	5447
minimum of eighty per cent of the aggregated nonmandatory prison	5448
terms to which the offender was sentenced. The placement under	5449
post-release control sanctions shall be under terms set by the	5450
parole board in accordance with section 2967.28 of the Revised	5451
Code and shall be subject to the provisions of that section and	5452
sections 2929.141 and 2967.15 of the Revised Code regarding	5453
violation of post-release control sanctions. No mandatory prison	5454
term shall be reduced by, or as a result of, an offender's service	5455
of a risk reduction sentence. The department shall notify the	5456
sentencing court that the offender has successfully completed the	5457
terms of the risk reduction sentence at least thirty days prior to	5458
the date upon which the offender is to be released.	5459

(D) As used in this section:

5460

(1) "Mandatory prison term" has the same meaning as in	5461
section 2929.01 of the Revised Code.	5462

(2) "Nonmandatory prison term" means a prison term that is	5463
not a mandatory prison term.	5464

(3) "Post-release control" and "post-release control	5465
sanction" have the same meanings as in section 2967.01 of the	5466
Revised Code.	5467

Sec. 5120.66. (A) Within ninety days after November 23,	5468
2005, but not before January 1, 2006, the department of	5469
rehabilitation and correction shall establish and operate on the	5470
internet a database that contains all of the following:	5471

(1) For each inmate in the custody of the department under a	5472
sentence imposed for a conviction of or plea of guilty to any	5473
offense, all of the following information:	5474

(a) The inmate's name;

5475

(b) For each offense for which the inmate was sentenced to a	5476
prison term or term of imprisonment and is in the department's	5477
custody, the name of the offense, the Revised Code section of	5478
which the offense is a violation, the gender of each victim of the	5479
offense if those facts are known, whether each victim of the	5480
offense was an adult or child if those facts are known, the range	5481
of the possible prison terms or term of imprisonment that could	5482
have been imposed for the offense, the actual prison term or term	5483
of imprisonment imposed for the offense, the county in which the	5484
offense was committed, the date on which the inmate began serving	5485
the prison term or term of imprisonment imposed for the offense,	5486
and either the date on which the inmate will be eligible for	5487
parole relative to the offense if the prison term or term of	5488
imprisonment is an indefinite term or life term or the date on	5489
which the term ends if the prison term is a definite term;	5490

(c) All of the following information that is applicable	5491
regarding the inmate:	5492

(i) If known to the department prior to the conduct of any	5493
hearing for judicial release of the defendant pursuant to section	5494
2929.20 of the Revised Code in relation to any prison term or term	5495
of imprisonment the inmate is serving for any offense or any	5496
hearing for release of the defendant pursuant to section 2967.19	5497
of the Revised Code in relation to any such term, notice of the	5498
fact that the inmate will be having a hearing regarding a possible	5499
grant of judicial release or release, the date of the hearing, and	5500
the right of any person pursuant to division (J) of section	5501
2929.20 or division (H) of section 2967.19 of the Revised Code,	5502
whichever is applicable, to submit to the court a written	5503
statement regarding the possible judicial release or release. The	5504
department also shall post notice of the ~~filing~~submission to a	5505
sentencing court of any ~~petition~~recommendation for early release	5506
of the inmate pursuant to section 2967.19 of the Revised Code, as	5507
required by division (E) of that section.	5508

(ii) If the inmate is serving a prison term pursuant to	5509
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	5510
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	5511
Code, prior to the conduct of any hearing pursuant to section	5512
2971.05 of the Revised Code to determine whether to modify the	5513
requirement that the inmate serve the entire prison term in a	5514
state correctional facility in accordance with division (C) of	5515
that section, whether to continue, revise, or revoke any existing	5516
modification of that requirement, or whether to terminate the	5517
prison term in accordance with division (D) of that section,	5518
notice of the fact that the inmate will be having a hearing	5519
regarding those determinations and of the date of the hearing;	5520

(iii) At least three weeks before the adult parole authority	5521
recommends a pardon or commutation of sentence for the inmate or	5522
at least three weeks prior to a hearing before the adult parole	5523
authority regarding a grant of parole to the inmate in relation to	5524
any prison term or term of imprisonment the inmate is serving for	5525
any offense, notice of the fact that the inmate might be under	5526
consideration for a pardon or commutation of sentence or will be	5527
having a hearing regarding a possible grant of parole, of the date	5528
of any hearing regarding a possible grant of parole, and of the	5529
right of any person to submit a written statement regarding the	5530
pending action;	5531

(iv) At least three weeks before the inmate is transferred to	5532
transitional control under section 2967.26 of the Revised Code in	5533
relation to any prison term or term of imprisonment the inmate is	5534
serving for any offense, notice of the pendency of the transfer,	5535
of the date of the possible transfer, and of the right of any	5536
person to submit a statement regarding the possible transfer;	5537

(v) Prompt notice of the inmate's escape from any facility in	5538
which the inmate was incarcerated and of the capture of the inmate	5539
after an escape;	5540

(vi) Notice of the inmate's death while in confinement;

5541

(vii) Prior to the release of the inmate from confinement,	5542
notice of the fact that the inmate will be released, of the date	5543
of the release, and, if applicable, of the standard terms and	5544
conditions of the release;	5545

(viii) Notice of the inmate's judicial release pursuant to	5546
section 2929.20 of the Revised Code or release pursuant to section	5547
2967.19 of the Revised Code.	5548

(2) Information as to where a person can send written	5549
statements of the types referred to in divisions (A)(1)(c)(i),	5550
(iii), and (iv) of this section.	5551

(B)(1) The department shall update the database required	5552
under division (A) of this section every twenty-four hours to	5553
ensure that the information it contains is accurate and current.	5554

(2) The database required under division (A) of this section	5555
is a public record open for inspection under section 149.43 of the	5556
Revised Code. The department shall make the database searchable by	5557
inmate name and by the county and zip code where the offender	5558
intends to reside after release from a state correctional	5559
institution if this information is known to the department.	5560

(3) The database required under division (A) of this section	5561
may contain information regarding inmates who are listed in the	5562
database in addition to the information described in that	5563
division.	5564

(4) No information included on the database required under	5565
division (A) of this section shall identify or enable the	5566
identification of any victim of any offense committed by an	5567
inmate.	5568

(C) The failure of the department to comply with the	5569
requirements of division (A) or (B) of this section does not give	5570
any rights or any grounds for appeal or post-conviction relief to	5571
any inmate.	5572

(D) This section, and the related provisions of sections	5573
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	5574
in the act in which this section was enacted, shall be known as	5575
"Laura's Law."	5576

Sec. 5149.311. (A) The department of rehabilitation and	5577
correction shall establish and administer the probation	5578
improvement grant and the probation incentive grant for ~~court of~~	5579
common pleas, municipal, and county court probation departments	5580
that supervise ~~felony~~ offenders.	5581

(B)(1) The probation improvement grant shall provide funding	5582
to ~~court of~~ common pleas, municipal, and county court probation	5583
departments to adopt policies and practices based on the latest	5584
research on how to reduce the number of ~~felony~~ offenders on	5585
probation supervision who violate the conditions of their	5586
supervision.	5587

(2) The department shall adopt rules for the distribution of	5588
the probation improvement grant, including the formula for the	5589
allocation of the subsidy based on the number of ~~felony~~ offenders	5590
placed on probation annually in each jurisdiction.	5591

(C)(1) The probation incentive grant shall provide a	5592
performance-based level of funding to ~~court of~~ common pleas,	5593
municipal, and county court probation departments that are	5594
successful in reducing the number of ~~felony~~ offenders on probation	5595
supervision whose terms of supervision are revoked.	5596

(2) The department shall calculate annually any cost savings	5597
realized by the state from a reduction in the percentage of people	5598
who are incarcerated because their terms of supervised probation	5599
were revoked. The cost savings estimate shall be calculated for	5600
each county and be based on the difference from fiscal year 2010	5601
and the fiscal year under examination.	5602

(3) The department shall adopt rules that specify the subsidy	5603
amount to be appropriated to ~~court of~~ common pleas, municipal, and	5604
county court probation departments that successfully reduce the	5605
percentage of people on probation who are incarcerated because	5606
their terms of supervision are revoked.	5607

(D) The following stipulations apply to both the probation	5608
improvement grant and the probation incentive grant:	5609

(1) In order to be eligible for the probation improvement	5610
grant and the probation incentive grant, ~~courts of~~ common pleas,	5611
municipal, and county courts must satisfy all requirements under	5612
sections 2301.27 and 2301.30 of the Revised Code and, except for	5613
sentencing decisions made by a court when use of the risk	5614
assessment tool is discretionary, must utilize the single	5615
validated risk assessment tool selected by the department of	5616
rehabilitation and correction under section 5120.114 of the	5617
Revised Code.	5618

(2) The department may deny a subsidy under this section to	5619
any applicant if the applicant fails to comply with the terms of	5620
any agreement entered into pursuant to any of the provisions of	5621
this section.	5622

(3) The department shall evaluate or provide for the	5623
evaluation of the policies, practices, and programs the ~~court of~~	5624
common pleas, municipal, or county court probation departments	5625
utilize with the programs of subsidies established under this	5626
section and establish means of measuring their effectiveness.	5627

(4) The department shall specify the policies, practices, and	5628
programs for which ~~court of~~ common pleas, municipal, or county	5629
court probation departments may use the program subsidy and shall	5630
establish minimum standards of quality and efficiency that	5631
recipients of the subsidy must follow. The department shall give	5632
priority to supporting evidence-based policies and practices, as	5633
defined by the department.	5634

Section 2. That existing sections 307.932, 2152.12,	5635
2152.121, 2152.52, 2152.56, 2152.59, 2301.27, 2301.271, 2921.331,	5636
2925.03, 2925.04, 2929.01, 2929.14, 2929.19, 2929.26, 2929.41,	5637
2951.022, 2953.08, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19,	5638
2967.191, 2967.193, 2967.26, 2967.28, 4511.091, 5120.036, 5120.66,	5639
and 5149.311 and section 2950.17 of the Revised Code are hereby	5640
repealed.	5641

Section 3. That Section 5 of Am. Sub. H.B. 86 of the 129th	5642
General Assembly be amended to read as follows:	5643

Sec. 5. (A) The Ohio Interagency Task Force on Mental Health	5644
and Juvenile Justice is hereby established to investigate and make	5645
recommendations on how to most effectively treat delinquent youth	5646
who suffer from serious mental illness or emotional and behavioral	5647
disorders, while giving attention to the needs of Ohio's economy.	5648
The Task Force shall consist of the following members:	5649

(1) The Director of Youth Services;

5650

(2) The Director of Mental Health;

5651

(3) The Director of the Governor's Office of Health	5652
Transformation;	5653

(4) The Superintendent of Public Instruction;

5654

(5) A justice of the Supreme Court or a designee appointed by	5655
the justices of the Supreme Court who has experience in juvenile	5656
law or mental health issues;	5657

(6) A designee appointed by the President of the Ohio	5658
Association of Juvenile Court Judges;	5659

(7) A board-certified child and adolescent psychiatrist	5660
appointed by the Director of the Department of Mental Health;	5661

(8) A licensed child and adolescent psychologist appointed by	5662
the President of the State Board of Psychology;	5663

(9) Up to ten members with expertise in child and adolescent	5664
development, mental health, or juvenile justice appointed by the	5665
Governor, including, but not limited to, members representing the	5666
Ohio chapter of the National Alliance on Mental Illness, the Ohio	5667
Federation for Children's Mental Health, an academic research	5668
institution with expertise in juvenile justice and child and	5669
adolescent development, and a provider of children's	5670
community-based mental health services;	5671

(10) Two members of the General Assembly, one from the	5672
majority party and one from the minority party, jointly appointed	5673
by the Speaker of the House of Representatives and the President	5674
of the Senate;	5675

(11) A member of the public jointly appointed by the Speaker	5676
of the House of Representatives and the President of the Senate;	5677

(12) A representative of the Ohio Prosecuting Attorneys	5678
Association designated by the Association;	5679

(13) The State Public Defender;

5680

(14) A representative of the Ohio Judicial Conference.

5681

(B) Members of the Task Force shall be appointed by September	5682
30, 2011. Vacancies on the Task Force shall be filled in the same	5683
manner as the original appointments. Members shall serve without	5684
compensation.	5685

(C) The Governor shall designate the chairperson of the Task	5686
Force. All meetings of the Task Force shall be held at the call of	5687
the chairperson.	5688

(D) The duties of the Task Force shall include all of the	5689
following:	5690

(1) Reviewing the current staff training and protocols and	5691
procedures for treating mentally ill and seriously mentally ill	5692
youth committed to the Department of Youth Services;	5693

(2) Reviewing the current funding, roles, and	5694
responsibilities of the Department of Youth Services, Department	5695
of Mental Health, Department of Education, and other Departments	5696
providing services to youth, as the funding, roles, and	5697
responsibilities pertain to youth with serious mental illness, or	5698
severe emotional and behavioral disorders;	5699

(3) Conducting a review of literature related to the best	5700
practices in the treatment of youth with mental illness and	5701
seriously mentally ill youth who are adjudicated to be a	5702
delinquent child and committed to the Department of Youth	5703
Services;	5704

(4) Investigating mental health treatment models for youth	5705
involved in the juvenile justice system of other states and	5706
jurisdictions, and other relevant data and information, in order	5707
to identify potential model programs, protocols, and best	5708
practices;	5709

(5) Conducting at least one visit to a Department of Youth	5710
Services mental health unit and completing a comprehensive data	5711
review of the mentally ill and seriously mentally ill youth	5712
currently committed to the Department of Youth Services to develop	5713
a profile of such youth currently committed to the Department of	5714
Youth Services.	5715

(E) The members of the Task Force shall make findings and	5716
recommendations, based on the results of the Task Force's duties,	5717
regarding all of the following:	5718

(1) Best practices in the field of treatment for youth with	5719
mental illness or serious mental illness who are involved in the	5720
juvenile justice system;	5721

(2) Guiding principles for the treatment of youth with mental	5722
illness or serious mental illness who are involved in the juvenile	5723
justice system;	5724

(3) The infrastructure, roles, and responsibilities of and	5725
other departments providing services to youth, in relation to	5726
effectively meeting the multiple needs of youth with mental	5727
illness or serious mental illness who are involved in the juvenile	5728
justice system;	5729

(4) Funding strategies that maximize public, private, state,	5730
and federal resources and that create incentives for high	5731
performance and innovative treatment;	5732

(5) Changes to administrative, court, and legislative rules	5733
that would support the recommendations of the Task Force.	5734

The members of the Task Force may make other recommendations	5735
related to effectively treating delinquent youth who suffer from	5736
mental illness and serious mental health illness, including	5737
mentally ill youth who also have special education needs, as	5738
determined to be relevant by the chairperson of the Task Force.	5739

(F) Not later than ~~March 31~~September 30, 2012, the Task	5740
Force shall issue a report of the Task Force's findings and	5741
recommendations to the Governor, the President of the Senate, the	5742
Speaker of the House of Representatives, and the Chief Justice of	5743
the Supreme Court. Upon the issuance of the report by the Task	5744
Force, the Task Force shall cease to exist.	5745

Section 4. That existing Section 5 of Am. Sub. H.B. 86 of	5746
the 129th General Assembly is hereby repealed.	5747

Section 5. Section 2925.03 of the Revised Code is presented	5748
in this act as a composite of the section as amended by both Sub.	5749
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly. The	5750
General Assembly, applying the principle stated in division (B) of	5751
section 1.52 of the Revised Code that amendments are to be	5752
harmonized if reasonably capable of simultaneous operation, finds	5753
that the composite is the resulting version of the section in	5754
effect prior to the effective date of the section as presented in	5755
this act.	5756