Sub. H. B. No. 86 As Pending in the House Criminal Justice Committee (L# 0829-1)

As Pending in the House Criminal Justice Committee (L# 0829-1)

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 86

Representatives Blessing, Heard

A BILL

To amend sections 109.42, 307.93, 309.18, 341.12,

926.99, 1333.99, 1707.99, 1716.99, 2301.27,

2301.30, 2743.191, 2909.03, 2909.05, 2909.11,

2911.12, 2913.01, 2913.02, 2913.03, 2913.04,

2913.11, 2913.21, 2913.31, 2913.32, 2913.34,

2913.40, 2913.401, 2913.42, 2913.421, 2913.43,

2913.45, 2913.46, 2913.47, 2913.48, 2913.49,

2913.51, 2913.61, 2915.05, 2917.21, 2917.31,

2917.32, 2919.21, 2921.13, 2921.34, 2921.41,

2923.31, 2925.01, 2925.03, 2925.05, 2925.11,

2929.01, 2929.13, 2929.14, 2929.15, 2929.16,

2929.20, 2929.26, 2929.34, 2930.12, 2930.16,

2930.17, 2950.99, 2951.041, 2951.08, 2967.05,

2967.14, 2967.193, 2967.28, 2981.07, 4507.51,

5120.07, 5120.10, 5120.111, 5120.16, 5120.331,

5120.48, 5120.59, 5120.60, 5120.66, 5149.01,

5149.10, 5149.31, 5149.32, 5149.33, 5149.34, and

5149.36 and to enact sections 307.932, 2301.271,

2929.143, 2951.022, 2967.19, 5120.035, 5120.036,

5120.113, 5120.114, and 5149.311 of the Revised

Code to increase from $500 to $1,000 the threshold

amount for determining increased penalties for

theft-related offenses and for certain elements of

"vandalism" and "engaging in a pattern of corrupt

activity"; to increase by 50% the other threshold

amounts for determining increased penalties for

those offenses; to revise and clarify the law

regarding prosecution of multiple theft, Medicaid

fraud, workers' compensation fraud, and similar

offenses and the valuation of property or services

involved; to include workers' compensation fraud

as a theft offense; to provide that if "nonsupport

of dependents" is based on an abandonment of or

failure to support a child or a person to whom a

court order requires support and is a felony the

sentencing court generally must first consider

placing the offender on one or more community

control sanctions; to eliminate the difference in

criminal penalties for crack cocaine and powder

cocaine; to revise some of the penalties for

trafficking in marihuana or hashish and for

possession of marihuana, cocaine, or hashish; to

revise procedures for notification of victims when

violent offenders escape from the Department of

Rehabilitation and Correction; to modify the

number of Parole Board members required to conduct

a full Board hearing; to limit a member of the

Parole Board who is not the Chairperson or a

victim representative to two six-year terms; to

revise the eligibility criteria for, and

procedures governing, intervention in lieu of

conviction; to revise the eligibility criteria for

judicial release; to reduce the penalty for the

offense of "escape" when it involves certain

conduct by a person under supervised release by

the Department; to revise the procedure for

prisoners in state correctional institutions to

earn days of credit for productive participation

in specified prison programs and the number of

days of credit that may be earned; to require GPS

monitoring of a prisoner placed on post-release

control who was released early from prison due to

earning 60 or more days of credit; to enact a new

mechanism for the possible release with sentencing

court approval of certain Department inmates who

have served at least 85% of their prison term; to

expand the membership of a county's local

corrections planning board; to expand the

authorization to transfer certain Ohio prisoners

for pretrial confinement to a contiguous county in

an adjoining state to also apply to postconviction

confinement and confinement upon civil process; to

make changes regarding halfway houses and

community residential centers and authorize

reentry centers; to allow placement in a skilled

nursing facility for care of an inmate who is

released on indefinite parole due to being in

imminent danger of death, medically incapacitated,

or terminally ill; to provide for the

establishment and operation of community

alternative sentencing centers for misdemeanants

sentenced directly to the centers under a

community residential sanction or an OVI term of

confinement not exceeding 30 days; to change the

membership of the Ex-offender Reentry Coalition by

reducing the number and functions of members from

the Governor's office and adding the Director of

Veterans Services; to remove judges from the

membership of a corrections commission and instead

have them form an advisory board; to require the

Department to develop a reentry plan for each

inmate committed to the Department who was not

sentenced to a term of life without parole or a

sentence of death and who is expected to be

imprisoned for more than 30 days; to revise the

procedures governing the Department's issuance of

an inmate identification card upon an inmate's

release and the use of such a card to obtain a

state identification card; to authorize, instead

of require, the Department to discontinue subsidy

100

payment to a political subdivision that reduces

101

local funding for corrections by the amount of a

102

community-based corrections subsidy or that uses a

103

subsidy for capital improvements; to require the

104

Department, together with the Department of

105

Alcohol and Drug Addiction Services, to develop an

106

implementation plan related to funding through the

107

federal Second Chance Act related to community

108

reentry of offenders; to adopt a single validated

109

risk assessment tool to be used by courts,

110

probation departments, and the Department of

111

Rehabilitation and Correction to evaluate risk

112

levels of offenders; to provide judges the option

113

of risk reduction sentencing to allow for early

114

release of prisoners who complete treatment and

115

programming while incarcerated; to require

116

offenders convicted of or pleading guilty to a

117

felony of the fourth or fifth degree that is not

118

an offense of violence to serve community control

119

sanctions; to create the offense of trespass in a

120

habitation of a person when any person other than

121

an accomplice of the offender is present or likely

122

to be present; to change the sentencing structure

123

for felonies of the first and third degree; to

124

restrict sentencing to community-based

125

correctional facilities to offenders who are a

126

high risk to reoffend; to reduce duplication of

127

probation supervision resources and to require

128

probation departments to provide a monthly report

129

with statistical data to the Department of

130

Rehabilitation and Correction; and to require the

131

Department of Rehabilitation and Correction to

132

establish and administer the probation improvement

133

grant and the probation incentive grant.

134

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

Section 1. That sections 109.42, 307.93, 309.18, 341.12,	135
926.99, 1333.99, 1707.99, 1716.99, 2301.27, 2301.30, 2743.191,	136
2909.03, 2909.05, 2909.11, 2911.12, 2913.01, 2913.02, 2913.03,	137
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	138
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	139
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	140
2917.32, 2919.21, 2921.13, 2921.34, 2921.41, 2923.31, 2925.01,	141
2925.03, 2925.05, 2925.11, 2929.01, 2929.13, 2929.14, 2929.15,	142
2929.16, 2929.20, 2929.26, 2929.34, 2930.12, 2930.16, 2930.17,	143
2950.99, 2951.041, 2951.08, 2967.05, 2967.14, 2967.193, 2967.28,	144
2981.07, 4507.51, 5120.07, 5120.10, 5120.111, 5120.16, 5120.331,	145
5120.48, 5120.59, 5120.60, 5120.66, 5149.01, 5149.10, 5149.31,	146
5149.32, 5149.33, 5149.34, and 5149.36 be amended and sections	147
307.932, 2301.271, 2929.143, 2951.022, 2967.19, 5120.035,	148
5120.036, 5120.113, 5120.114, and 5149.311 of the Revised Code be	149
enacted to read as follows:	150

Sec. 109.42. (A) The attorney general shall prepare and have	151
printed a pamphlet that contains a compilation of all statutes	152
relative to victim's rights in which the attorney general lists	153
and explains the statutes in the form of a victim's bill of	154
rights. The attorney general shall distribute the pamphlet to all	155
sheriffs, marshals, municipal corporation and township police	156
departments, constables, and other law enforcement agencies, to	157
all prosecuting attorneys, city directors of law, village	158
solicitors, and other similar chief legal officers of municipal	159
corporations, and to organizations that represent or provide	160
services for victims of crime. The victim's bill of rights set	161
forth in the pamphlet shall contain a description of all of the	162
rights of victims that are provided for in Chapter 2930. or in any	163
other section of the Revised Code and shall include, but not be	164
limited to, all of the following:	165

(1) The right of a victim or a victim's representative to	166
attend a proceeding before a grand jury, in a juvenile case, or in	167
a criminal case pursuant to a subpoena without being discharged	168
from the victim's or representative's employment, having the	169
victim's or representative's employment terminated, having the	170
victim's or representative's pay decreased or withheld, or	171
otherwise being punished, penalized, or threatened as a result of	172
time lost from regular employment because of the victim's or	173
representative's attendance at the proceeding pursuant to the	174
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	175
2945.451 of the Revised Code;	176

(2) The potential availability pursuant to section 2151.359	177
or 2152.61 of the Revised Code of a forfeited recognizance to pay	178
damages caused by a child when the delinquency of the child or	179
child's violation of probation or community control is found to be	180
proximately caused by the failure of the child's parent or	181
guardian to subject the child to reasonable parental authority or	182
to faithfully discharge the conditions of probation or community	183
control;	184

(3) The availability of awards of reparations pursuant to	185
sections 2743.51 to 2743.72 of the Revised Code for injuries	186
caused by criminal offenses;	187

(4) The right of the victim in certain criminal or juvenile	188
cases or a victim's representative to receive, pursuant to section	189
2930.06 of the Revised Code, notice of the date, time, and place	190
of the trial or delinquency proceeding in the case or, if there	191
will not be a trial or delinquency proceeding, information from	192
the prosecutor, as defined in section 2930.01 of the Revised Code,	193
regarding the disposition of the case;	194

(5) The right of the victim in certain criminal or juvenile	195
cases or a victim's representative to receive, pursuant to section	196
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	197
name of the person charged with the violation, the case or docket	198
number assigned to the charge, and a telephone number or numbers	199
that can be called to obtain information about the disposition of	200
the case;	201

(6) The right of the victim in certain criminal or juvenile	202
cases or of the victim's representative pursuant to section	203
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	204
terms set by the court as authorized under section 2930.14 of the	205
Revised Code, to make a statement about the victimization and, if	206
applicable, a statement relative to the sentencing or disposition	207
of the offender;	208

(7) The opportunity to obtain a court order, pursuant to	209
section 2945.04 of the Revised Code, to prevent or stop the	210
commission of the offense of intimidation of a crime victim or	211
witness or an offense against the person or property of the	212
complainant, or of the complainant's ward or child;	213

(8) The right of the victim in certain criminal or juvenile	214
cases or a victim's representative pursuant to sections 2151.38,	215
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	216
receive notice of a pending motion for judicial release, release	217
pursuant to section 2967.19 of the Revised Code, or other early	218
release of the person who committed the offense against the	219
victim, to make an oral or written statement at the court hearing	220
on the motion, and to be notified of the court's decision on the	221
motion;	222

(9) The right of the victim in certain criminal or juvenile	223
cases or a victim's representative pursuant to section 2930.16,	224
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	225
of any pending commutation, pardon, parole, transitional control,	226
discharge, other form of authorized release, post-release control,	227
or supervised release for the person who committed the offense	228
against the victim or any application for release of that person	229
and to send a written statement relative to the victimization and	230
the pending action to the adult parole authority or the release	231
authority of the department of youth services;	232

(10) The right of the victim to bring a civil action pursuant	233
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	234
from the offender's profit fund;	235

(11) The right, pursuant to section 3109.09 of the Revised	236
Code, to maintain a civil action to recover compensatory damages	237
not exceeding ten thousand dollars and costs from the parent of a	238
minor who willfully damages property through the commission of an	239
act that would be a theft offense, as defined in section 2913.01	240
of the Revised Code, if committed by an adult;	241

(12) The right, pursuant to section 3109.10 of the Revised	242
Code, to maintain a civil action to recover compensatory damages	243
not exceeding ten thousand dollars and costs from the parent of a	244
minor who willfully and maliciously assaults a person;	245

(13) The possibility of receiving restitution from an	246
offender or a delinquent child pursuant to section 2152.20,	247
2929.18, or 2929.28 of the Revised Code;	248

(14) The right of the victim in certain criminal or juvenile	249
cases or a victim's representative, pursuant to section 2930.16 of	250
the Revised Code, to receive notice of the escape from confinement	251
or custody of the person who committed the offense, to receive	252
that notice from the custodial agency of the person at the	253
victim's last address or telephone number provided to the	254
custodial agency, and to receive notice that, if either the	255
victim's address or telephone number changes, it is in the	256
victim's interest to provide the new address or telephone number	257
to the custodial agency;	258

(15) The right of a victim of domestic violence to seek the	259
issuance of a civil protection order pursuant to section 3113.31	260
of the Revised Code, the right of a victim of a violation of	261
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	262
of the Revised Code, a violation of a substantially similar	263
municipal ordinance, or an offense of violence who is a family or	264
household member of the offender at the time of the offense to	265
seek the issuance of a temporary protection order pursuant to	266
section 2919.26 of the Revised Code, and the right of both types	267
of victims to be accompanied by a victim advocate during court	268
proceedings;	269

(16) The right of a victim of a sexually oriented offense or	270
of a child-victim oriented offense that is committed by a person	271
who is convicted of, pleads guilty to, or is adjudicated a	272
delinquent child for committing the offense and who is in a	273
category specified in division (B) of section 2950.10 of the	274
Revised Code to receive, pursuant to that section, notice that the	275
person has registered with a sheriff under section 2950.04,	276
2950.041, or 2950.05 of the Revised Code and notice of the	277
person's name, the person's residence that is registered, and the	278
offender's school, institution of higher education, or place of	279
employment address or addresses that are registered, the person's	280
photograph, and a summary of the manner in which the victim must	281
make a request to receive the notice. As used in this division,	282
"sexually oriented offense" and "child-victim oriented offense"	283
have the same meanings as in section 2950.01 of the Revised Code.	284

(17) The right of a victim of certain sexually violent	285
offenses committed by an offender who also is convicted of or	286
pleads guilty to a sexually violent predator specification and who	287
is sentenced to a prison term pursuant to division (A)(3) of	288
section 2971.03 of the Revised Code, of a victim of a violation of	289
division (A)(1)(b) of section 2907.02 of the Revised Code	290
committed on or after January 2, 2007, by an offender who is	291
sentenced for the violation pursuant to division (B)(1)(a), (b),	292
or (c) of section 2971.03 of the Revised Code, of a victim of an	293
attempted rape committed on or after January 2, 2007, by an	294
offender who also is convicted of or pleads guilty to a	295
specification of the type described in section 2941.1418,	296
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	297
the violation pursuant to division (B)(2)(a), (b), or (c) of	298
section 2971.03 of the Revised Code, and of a victim of an offense	299
that is described in division (B)(3)(a), (b), (c), or (d) of	300
section 2971.03 of the Revised Code and is committed by an	301
offender who is sentenced pursuant to one of those divisions to	302
receive, pursuant to section 2930.16 of the Revised Code, notice	303
of a hearing to determine whether to modify the requirement that	304
the offender serve the entire prison term in a state correctional	305
facility, whether to continue, revise, or revoke any existing	306
modification of that requirement, or whether to terminate the	307
prison term. As used in this division, "sexually violent offense"	308
and "sexually violent predator specification" have the same	309
meanings as in section 2971.01 of the Revised Code.	310

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	311
prosecuting attorney, assistant prosecuting attorney, city	312
director of law, assistant city director of law, village	313
solicitor, assistant village solicitor, or similar chief legal	314
officer of a municipal corporation or an assistant of any of those	315
officers who prosecutes an offense committed in this state, upon	316
first contact with the victim of the offense, the victim's family,	317
or the victim's dependents, shall give the victim, the victim's	318
family, or the victim's dependents a copy of the pamphlet prepared	319
pursuant to division (A) of this section and explain, upon	320
request, the information in the pamphlet to the victim, the	321
victim's family, or the victim's dependents.	322

(b) Subject to division (B)(1)(c) of this section, a law	323
enforcement agency that investigates an offense or delinquent act	324
committed in this state shall give the victim of the offense or	325
delinquent act, the victim's family, or the victim's dependents a	326
copy of the pamphlet prepared pursuant to division (A) of this	327
section at one of the following times:	328

(i) Upon first contact with the victim, the victim's family,	329
or the victim's dependents;	330

(ii) If the offense or delinquent act is an offense of	331
violence, if the circumstances of the offense or delinquent act	332
and the condition of the victim, the victim's family, or the	333
victim's dependents indicate that the victim, the victim's family,	334
or the victim's dependents will not be able to understand the	335
significance of the pamphlet upon first contact with the agency,	336
and if the agency anticipates that it will have an additional	337
contact with the victim, the victim's family, or the victim's	338
dependents, upon the agency's second contact with the victim, the	339
victim's family, or the victim's dependents.	340

If the agency does not give the victim, the victim's family,	341
or the victim's dependents a copy of the pamphlet upon first	342
contact with them and does not have a second contact with the	343
victim, the victim's family, or the victim's dependents, the	344
agency shall mail a copy of the pamphlet to the victim, the	345
victim's family, or the victim's dependents at their last known	346
address.	347

(c) In complying on and after December 9, 1994, with the	348
duties imposed by division (B)(1)(a) or (b) of this section, an	349
official or a law enforcement agency shall use copies of the	350
pamphlet that are in the official's or agency's possession on	351
December 9, 1994, until the official or agency has distributed all	352
of those copies. After the official or agency has distributed all	353
of those copies, the official or agency shall use only copies of	354
the pamphlet that contain at least the information described in	355
divisions (A)(1) to (17) of this section.	356

(2) The failure of a law enforcement agency or of a	357
prosecuting attorney, assistant prosecuting attorney, city	358
director of law, assistant city director of law, village	359
solicitor, assistant village solicitor, or similar chief legal	360
officer of a municipal corporation or an assistant to any of those	361
officers to give, as required by division (B)(1) of this section,	362
the victim of an offense or delinquent act, the victim's family,	363
or the victim's dependents a copy of the pamphlet prepared	364
pursuant to division (A) of this section does not give the victim,	365
the victim's family, the victim's dependents, or a victim's	366
representative any rights under section 2743.51 to 2743.72,	367
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	368
Revised Code or under any other provision of the Revised Code and	369
does not affect any right under those sections.	370

(3) A law enforcement agency, a prosecuting attorney or	371
assistant prosecuting attorney, or a city director of law,	372
assistant city director of law, village solicitor, assistant	373
village solicitor, or similar chief legal officer of a municipal	374
corporation that distributes a copy of the pamphlet prepared	375
pursuant to division (A) of this section shall not be required to	376
distribute a copy of an information card or other printed material	377
provided by the clerk of the court of claims pursuant to section	378
2743.71 of the Revised Code.	379

(C) The cost of printing and distributing the pamphlet	380
prepared pursuant to division (A) of this section shall be paid	381
out of the reparations fund, created pursuant to section 2743.191	382
of the Revised Code, in accordance with division (D) of that	383
section.	384

(D) As used in this section:

385

(1) "Victim's representative" has the same meaning as in	386
section 2930.01 of the Revised Code;	387

(2) "Victim advocate" has the same meaning as in section	388
2919.26 of the Revised Code.	389

Sec. 307.93. (A) The boards of county commissioners of two	390
or more adjacent counties may contract for the joint establishment	391
of a multicounty correctional center, and the board of county	392
commissioners of a county or the boards of two or more counties	393
may contract with any municipal corporation or municipal	394
corporations located in that county or those counties for the	395
joint establishment of a municipal-county or multicounty-municipal	396
correctional center. The center shall augment county and, where	397
applicable, municipal jail programs and facilities by providing	398
custody and rehabilitative programs for those persons under the	399
charge of the sheriff of any of the contracting counties or of the	400
officer or officers of the contracting municipal corporation or	401
municipal corporations having charge of persons incarcerated in	402
the municipal jail, workhouse, or other correctional facility who,	403
in the opinion of the sentencing court, need programs of custody	404
and rehabilitation not available at the county or municipal jail	405
and by providing custody and rehabilitative programs in accordance	406
with division (C) of this section, if applicable. The contract may	407
include, but need not be limited to, provisions regarding the	408
acquisition, construction, maintenance, repair, termination of	409
operations, and administration of the center. The contract shall	410
prescribe the manner of funding of, and debt assumption for, the	411
center and the standards and procedures to be followed in the	412
operation of the center. Except as provided in division (H) of	413
this section, the contracting counties and municipal corporations	414
shall form a corrections commission to oversee the administration	415
of the center. Members of the commission shall consist of the	416
sheriff of each participating county, ~~the president~~a member of	417
the board of county commissioners of each participating county,	418
~~the presiding judge of the court of common pleas of each~~	419
~~participating county, or, if the court of common pleas of a~~	420
~~participating county has only one judge, then that judge,~~ the	421
chief of police of each participating municipal corporation, and	422
the mayor or city manager of each participating municipal	423
corporation~~, and the presiding judge or the sole judge of the~~	424
~~municipal court of each participating municipal corporation~~. Any	425
of the foregoing officers may appoint a designee to serve in the	426
officer's place on the corrections commission. The standards and	427
procedures shall be formulated and agreed to by the commission and	428
may be amended at any time during the life of the contract by	429
agreement of the parties to the contract upon the advice of the	430
commission. The standards and procedures formulated by the	431
commission shall include, but need not be limited to, designation	432
of the person in charge of the center, designation of a fiscal	433
agent, the categories of employees to be employed at the center,	434
the appointing authority of the center, and the standards of	435
treatment and security to be maintained at the center. The person	436
in charge of, and all persons employed to work at, the center	437
shall have all the powers of police officers that are necessary	438
for the proper performance of the duties relating to their	439
positions at the center.	440

(B)(1) Upon the establishment of a corrections commission	441
under division (A) of this section, the judges specified in this	442
division shall form a judicial advisory board for the purpose of	443
making recommendations to the corrections commission on issues of	444
bed allocation, expansion of the center that the corrections	445
commission oversees, and other issues concerning the	446
administration of sentences or any other matter determined to be	447
appropriate by the corrections commission. The judges who shall	448
form the judicial advisory board for a corrections commission are	449
the administrative judge of the general division of the court of	450
common pleas of each county participating in the corrections	451
center, the presiding judge of the municipal court of each	452
municipal corporation participating in the corrections center, and	453
the presiding judge of each county court of each county	454
participating in the corrections center. Any of the foregoing	455
judges may appoint a designee to serve in the judge's place on the	456
judicial advisory board, provided that the designee shall be a	457
judge of the same court as the judge who makes the appointment.	458
The judicial advisory board for a corrections commission shall	459
meet with the corrections commission at least once each year.	460

(2) Each board of county commissioners that enters a contract	461
under division (A) of this section may appoint a building	462
commission pursuant to section 153.21 of the Revised Code. If any	463
commissions are appointed, they shall function jointly in the	464
construction of a multicounty or multicounty-municipal	465
correctional center with all the powers and duties authorized by	466
law.	467

(C) Prior to the acceptance for custody and rehabilitation	468
into a center established under this section of any persons who	469
are designated by the department of rehabilitation and correction,	470
who plead guilty to or are convicted of a felony of the fourth or	471
fifth degree, and who satisfy the other requirements listed in	472
section 5120.161 of the Revised Code, the corrections commission	473
of a center established under this section shall enter into an	474
agreement with the department of rehabilitation and correction	475
under section 5120.161 of the Revised Code for the custody and	476
rehabilitation in the center of persons who are designated by the	477
department, who plead guilty to or are convicted of a felony of	478
the fourth or fifth degree, and who satisfy the other requirements	479
listed in that section, in exchange for a per diem fee per person.	480
Persons incarcerated in the center pursuant to an agreement	481
entered into under this division shall be subject to supervision	482
and control in the manner described in section 5120.161 of the	483
Revised Code. This division does not affect the authority of a	484
court to directly sentence a person who is convicted of or pleads	485
guilty to a felony to the center in accordance with section	486
2929.16 of the Revised Code.	487

(D) Pursuant to section 2929.37 of the Revised Code, each	488
board of county commissioners and the legislative authority of	489
each municipal corporation that enters into a contract under	490
division (A) of this section may require a person who was	491
convicted of an offense, who is under the charge of the sheriff of	492
their county or of the officer or officers of the contracting	493
municipal corporation or municipal corporations having charge of	494
persons incarcerated in the municipal jail, workhouse, or other	495
correctional facility, and who is confined in the multicounty,	496
municipal-county, or multicounty-municipal correctional center as	497
provided in that division, to reimburse the applicable county or	498
municipal corporation for its expenses incurred by reason of the	499
person's confinement in the center.	500

(E) Notwithstanding any contrary provision in this section or	501
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	502
corrections commission of a center may establish a policy that	503
complies with section 2929.38 of the Revised Code and that	504
requires any person who is not indigent and who is confined in the	505
multicounty, municipal-county, or multicounty-municipal	506
correctional center to pay a reception fee, a fee for medical	507
treatment or service requested by and provided to that person, or	508
the fee for a random drug test assessed under division (E) of	509
section 341.26 of the Revised Code.	510

(F)(1) The corrections commission of a center established	511
under this section may establish a commissary for the center. The	512
commissary may be established either in-house or by another	513
arrangement. If a commissary is established, all persons	514
incarcerated in the center shall receive commissary privileges. A	515
person's purchases from the commissary shall be deducted from the	516
person's account record in the center's business office. The	517
commissary shall provide for the distribution to indigent persons	518
incarcerated in the center of necessary hygiene articles and	519
writing materials.	520

(2) If a commissary is established, the corrections	521
commission of a center established under this section shall	522
establish a commissary fund for the center. The management of	523
funds in the commissary fund shall be strictly controlled in	524
accordance with procedures adopted by the auditor of state.	525
Commissary fund revenue over and above operating costs and reserve	526
shall be considered profits. All profits from the commissary fund	527
shall be used to purchase supplies and equipment for the benefit	528
of persons incarcerated in the center and to pay salary and	529
benefits for employees of the center, or for any other persons,	530
who work in or are employed for the sole purpose of providing	531
service to the commissary. The corrections commission shall adopt	532
rules and regulations for the operation of any commissary fund it	533
establishes.	534

(G) In lieu of forming a corrections commission to administer	535
a multicounty correctional center or a municipal-county or	536
multicounty-municipal correctional center, the boards of county	537
commissioners and the legislative authorities of the municipal	538
corporations contracting to establish the center may also agree to	539
contract for the private operation and management of the center as	540
provided in section 9.06 of the Revised Code, but only if the	541
center houses only misdemeanant inmates. In order to enter into a	542
contract under section 9.06 of the Revised Code, all the boards	543
and legislative authorities establishing the center shall approve	544
and be parties to the contract.	545

(H) If a person who is convicted of or pleads guilty to an	546
offense is sentenced to a term in a multicounty correctional	547
center or a municipal-county or multicounty-municipal correctional	548
center or is incarcerated in the center in the manner described in	549
division (C) of this section, or if a person who is arrested for	550
an offense, and who has been denied bail or has had bail set and	551
has not been released on bail is confined in a multicounty	552
correctional center or a municipal-county or multicounty-municipal	553
correctional center pending trial, at the time of reception and at	554
other times the officer, officers, or other person in charge of	555
the operation of the center determines to be appropriate, the	556
officer, officers, or other person in charge of the operation of	557
the center may cause the convicted or accused offender to be	558
examined and tested for tuberculosis, HIV infection, hepatitis,	559
including but not limited to hepatitis A, B, and C, and other	560
contagious diseases. The officer, officers, or other person in	561
charge of the operation of the center may cause a convicted or	562
accused offender in the center who refuses to be tested or treated	563
for tuberculosis, HIV infection, hepatitis, including but not	564
limited to hepatitis A, B, and C, or another contagious disease to	565
be tested and treated involuntarily.	566

(I) As used in this section, "multicounty-municipal" means	567
more than one county and a municipal corporation, or more than one	568
municipal corporation and a county, or more than one municipal	569
corporation and more than one county.	570

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

571

(1) "Division of parole and community services" means the	572
division of parole and community services of the department of	573
rehabilitation and correction.	574

(2) "Eligible offender" means, in relation to a particular	575
community alternative sentencing center or district community	576
alternative sentencing center established and operated under	577
division (E) of this section, an offender who has been convicted	578
of or pleaded guilty to a qualifying misdemeanor offense, for whom	579
no provision of the Revised Code or ordinance of a municipal	580
corporation other than section 4511.19 of the Revised Code or an	581
ordinance of a municipal corporation that provides the penalties	582
for a municipal OVI offense of the municipal corporation requires	583
the imposition of a mandatory jail term for that qualifying	584
misdemeanor offense, and who is eligible to be sentenced directly	585
to that center and admitted to it under rules adopted under	586
division (G) of this section by the board of county commissioners	587
or affiliated group of boards of county commissioners that	588
established and operates that center.	589

(3) "Municipal OVI offense" has the same meaning as in	590
section 4511.181 of the Revised Code.	591

(4) "OVI term of confinement" means a term of confinement	592
imposed for a violation of section 4511.19 of the Revised Code or	593
for a municipal OVI offense, including any mandatory jail term or	594
mandatory term of local incarceration imposed for that violation	595
or offense.	596

(5) "Community residential sanction" means a community	597
residential sanction imposed under section 2929.26 of the Revised	598
Code for a misdemeanor violation of a section of the Revised Code	599
or a term of confinement imposed for a misdemeanor violation of a	600
municipal ordinance that is not a jail term.	601

(6) "Qualifying misdemeanor offense" means a violation of any	602
section of the Revised Code that is a misdemeanor or a violation	603
of any ordinance of a municipal corporation located in the county	604
that is a misdemeanor.	605

(B)(1) The board of county commissioners of any county, in	606
consultation with the sheriff of the county, may formulate a	607
proposal for a community alternative sentencing center that, upon	608
implementation by the county or being subcontracted to or operated	609
by a nonprofit organization, would be used for the confinement of	610
eligible offenders sentenced directly to the center by a court	611
located in the county pursuant to a community residential sanction	612
of not more than thirty days or pursuant to an OVI term of	613
confinement of not more than thirty days, and for the purpose of	614
closely monitoring those eligible offenders' adjustment to	615
community supervision. A board that formulates a proposal pursuant	616
to this division shall do so by resolution.	617

(2) The boards of county commissioners of two or more	618
adjoining or neighboring counties, in consultation with the	619
sheriffs of each of those counties, may affiliate and formulate by	620
resolution adopted by each of them a proposal for a district	621
community alternative sentencing center that, upon implementation	622
by the counties or being subcontracted to or operated by a	623
nonprofit organization, would be used for the confinement of	624
eligible offenders sentenced directly to the center by a court	625
located in any of those counties pursuant to a community	626
residential sanction of not more than thirty days or pursuant to	627
an OVI term of confinement of not more than thirty days, and for	628
the purpose of closely monitoring those eligible offenders'	629
adjustment to community supervision. Each board that affiliates	630
with one or more other boards to formulate a proposal pursuant to	631
this division shall formulate the proposal by resolution.	632

(C) Each proposal for a community alternative sentencing	633
center or a district community alternative sentencing center that	634
is formulated under division (B)(1) or (2) of this section shall	635
include proposals for operation of the center and for criteria to	636
define which offenders are eligible to be sentenced directly to	637
the center and admitted to it. At a minimum, the proposed criteria	638
that define which offenders are eligible to be sentenced directly	639
to the center and admitted to it shall provide all of the	640
following:	641

(1) That an offender is eligible to be sentenced directly to	642
the center and admitted to it if the offender has been convicted	643
of or pleaded guilty to a qualifying misdemeanor offense and is	644
sentenced directly to the center for the qualifying misdemeanor	645
offense pursuant to a community residential sanction of not more	646
than thirty days or pursuant to an OVI term of confinement of not	647
more than thirty days by a court that is located in the county or	648
one of the counties served by the board of county commissioners or	649
by any of the affiliated group of boards of county commissioners	650
that submits the proposal;	651

(2) That no offender is eligible to be sentenced directly to	652
the center or admitted to it if, in addition to the community	653
residential sanction or OVI term of confinement described in	654
division (C)(1) of this section, the offender is serving or has	655
been sentenced to serve any other jail term, prison term, or	656
community residential sanction.	657

(D)(1) If a board of county commissioners formulates a	658
proposal for a community alternative sentencing center pursuant to	659
division (B)(1) of this section or an affiliated group of boards	660
of county commissioners formulates a proposal for a district	661
community alternative sentencing center pursuant to division	662
(B)(2) of this section, prior to establishing or operating the	663
center, the board or the affiliated group of boards shall submit	664
the proposal for certification to the division of parole and	665
community services of the department of rehabilitation and	666
correction for approval and certification pursuant to division (F)	667
of section 5120.10 of the Revised Code. The division may approve	668
and certify a center as a suitable facility for the care and	669
treatment of adult offenders only if the center complies with the	670
standards for the certification of the centers that the division	671
adopts by rule in accordance with Chapter 119. of the Revised	672
Code. The division shall inspect each center to which a proposal	673
submitted under this division applies and annually shall inspect	674
each center established or operated under an approved and	675
certified proposal to determine if the proposed or certified	676
center is in compliance with the certification standards. A board	677
or affiliated group of boards shall not establish or operate a	678
center without the division's approval and certification. The	679
approval and certification of a center by the division is not a	680
requirement for, and is not an affirmation that the division or	681
the department of rehabilitation and correction must or will	682
provide, funding for the operation of the center.	683

(2) If a proposal for a community alternative sentencing	684
center or a district community alternative sentencing center that	685
is formulated under division (B)(1) or (2) of this section	686
contemplates the use of an existing facility, or a part of an	687
existing facility, as the center, nothing in this section limits,	688
restricts, or precludes the use of the facility, the part of the	689
facility, or any other part of the facility for any purpose other	690
than as a community alternative sentencing center or district	691
community alternative sentencing center.	692

(E) Upon approval and certification by the division of parole	693
and community services of a proposal for a community alternative	694
sentencing center or for a district community alternative	695
sentencing center submitted to the division under division (D) of	696
this section, the board of county commissioners or the affiliated	697
group of boards of county commissioners that submitted the	698
proposal may establish and operate the center in accordance with	699
the approved and certified proposal, division (G) of this section,	700
and rules adopted under that division. The establishment and	701
operation of the center may be done by subcontracting with a	702
nonprofit organization for the operation of the center.	703

If a board of county commissioners or an affiliated group of	704
boards of county commissioners establishes and operates a	705
community alternative sentencing center or district community	706
alternative sentencing center under this division, except as	707
otherwise provided in this division, the center is not a minimum	708
security jail under section 341.14, section 753.21, or any other	709
provision of the Revised Code, is not a jail or alternative	710
residential facility as defined in section 2929.01 of the Revised	711
Code, is not required to satisfy or comply with minimum standards	712
for minimum security jails or other jails that are promulgated	713
under division (A) of section 5120.10 of the Revised Code, is not	714
a local detention facility as defined in section 2929.36 of the	715
Revised Code, and is not a residential unit as defined in section	716
2950.01 of the Revised Code. The center is a detention facility as	717
defined in sections 2921.01 and 2923.124 of the Revised Code, and	718
an eligible offender confined in the center is under detention as	719
defined in section 2921.01 of the Revised Code. Regarding persons	720
sentenced directly to the center under an OVI term of confinement,	721
the center shall be considered a "jail" or "local correctional	722
facility" for purposes of any provision in section 4511.19 of the	723
Revised Code or in an ordinance of a municipal corporation that	724
requires a mandatory jail term or mandatory term of local	725
incarceration for the violation of section 4511.19 of the Revised	726
Code or the municipal OVI offense, and a direct sentence of a	727
person to the center under an OVI term of confinement shall be	728
considered to be a sentence to a "jail" or "local correctional	729
facility" for purposes of any such provision in section 4511.19 of	730
the Revised Code or in an ordinance of a municipal corporation.	731

(F)(1) If the board of county commissioners of a county that	732
is being served by a community alternative sentencing center	733
established pursuant to division (E) of this section determines	734
that it no longer wants to be served by the center, the board may	735
dissolve the center by adopting a resolution evidencing the	736
determination to dissolve the center and notifying, in writing,	737
the division of parole and community services of the determination	738
to dissolve the center.	739

(2) If the boards of county commissioners of all of the	740
counties served by any district community alternative sentencing	741
center established pursuant to division (E) of this section	742
determine that they no longer want to be served by the center, the	743
boards may dissolve the center by adopting in each county a	744
resolution evidencing the determination to dissolve the center and	745
notifying, in writing, the division of parole and community	746
services of the determination to dissolve the center.	747

(3) If at least one, but not all, of the boards of county	748
commissioners of the counties being served by any district	749
community alternative sentencing center established pursuant to	750
division (E) of this section determines that it no longer wants to	751
be served by the center, the board may terminate its involvement	752
with the center by adopting a resolution evidencing the	753
determination to terminate its involvement with the center and	754
notifying, in writing, the division of parole and community	755
services of the determination to terminate its involvement with	756
the center. If at least one, but not all, of the boards of county	757
commissioners of the counties being served by any community	758
alternative sentencing center terminates its involvement with the	759
center in accordance with this division, the other boards of	760
county commissioners of the counties being served by the center	761
may continue to be served by the center.	762

(G) Upon approval and certification by the division of parole	763
and community services of a proposal for a community alternative	764
sentencing center or for a district community alternative	765
sentencing center submitted to it under division (D) of this	766
section, prior to establishing or operating the center, the board	767
of county commissioners or the affiliated group of boards of	768
county commissioners that submitted the proposal shall adopt rules	769
for the operation of the center. The rules shall include criteria	770
that define which offenders are eligible to be sentenced directly	771
to the center and admitted to it and the criteria so included	772
shall be consistent with the proposed criteria included in the	773
proposal approved and certified by the division.	774

(H) If a board of county commissioners establishes and	775
operates a community alternative sentencing center under division	776
(E) of this section, or an affiliated group of boards of county	777
commissioners establishes and operates a district community	778
alternative sentencing center under that division, all of the	779
following apply:	780

(1) Any court located within the county served by the board	781
that establishes and operates a community correctional center may	782
directly sentence eligible offenders to the center pursuant to a	783
community residential sanction of not more than thirty days or	784
pursuant to an OVI term of confinement of not more than thirty	785
days. Any court located within a county served by any of the	786
boards that establishes and operates a district community	787
correctional center may directly sentence eligible offenders to	788
the center pursuant to a community residential sanction of not	789
more than thirty days or pursuant to an OVI term of confinement of	790
not more than thirty days.	791

(2) Each eligible offender who is sentenced to the center as	792
described in division (H)(1) of this section and admitted to it	793
shall be offered during the eligible offender's confinement at the	794
center educational and vocational services and reentry planning	795
and may be offered any other treatment and rehabilitative services	796
that are available and that the court that sentenced the	797
particular eligible offender to the center and the administrator	798
of the center determine are appropriate based upon the offense for	799
which the eligible offender was sentenced to the community	800
residential sanction and the length of the sanction.	801

(3) Before accepting an eligible offender sentenced to the	802
center by a court, the board or the affiliated group of boards	803
shall enter into an agreement with a political subdivision that	804
operates that court that addresses the cost and payment of medical	805
treatment or services received by eligible offenders sentenced by	806
that court while they are confined in the center. The agreement	807
may provide for the payment of the costs by the particular	808
eligible offender who receives the treatment or services, as	809
described in division (I) of this section.	810

(4) If a court sentences an eligible offender to a center	811
under authority of division (H)(1) of this section, immediately	812
after the sentence is imposed, the eligible offender shall be	813
taken to the probation department that serves the court. The	814
department shall handle any preliminary matters regarding the	815
admission of the eligible offender to the center, including a	816
determination as to whether the eligible offender may be admitted	817
to the center under the criteria included in the rules adopted	818
under division (G) of this section that define which offenders are	819
eligible to be sentenced and admitted to the center. If the	820
eligible offender is accepted for admission to the center, the	821
department shall schedule the eligible offender for the admission	822
and shall provide for the transportation of the offender to the	823
center. If an eligible offender who is sentenced to the center	824
under a community residential sanction is not accepted for	825
admission to the center for any reason, the nonacceptance shall be	826
considered a violation of a condition of the community residential	827
sanction, the eligible offender shall be taken before the court	828
that imposed the sentence, and the court may proceed as specified	829
in division (C)(2) of section 2929.25 of the Revised Code based on	830
the violation or as provided by ordinance of the municipal	831
corporation based on the violation, whichever is applicable. If an	832
eligible offender who is sentenced to the center under an OVI term	833
of confinement is not accepted for admission to the center for any	834
reason, the eligible offender shall be taken before the court that	835
imposed the sentence, and the court shall determine the place at	836
which the offender is to serve the term of confinement. If the	837
eligible offender is admitted to the center, all of the following	838
apply:	839

(a) The admission shall be under the terms and conditions	840
established by the court and the administrator of the center, and	841
the court and the administrator of the center shall provide for	842
the confinement of the eligible offender and supervise the	843
eligible offender as provided in divisions (H)(4)(b) to (f) of	844
this section.	845

(b) The eligible offender shall be confined in the center	846
during any period of time that the eligible offender is not	847
actually working at the eligible offender's approved work release	848
described in division (H)(4)(c) of this section, engaged in	849
community service activities described in division (H)(4)(d) of	850
this section, engaged in authorized vocational training or another	851
authorized educational program, engaged in another program	852
designated by the administrator of the center, or engaged in other	853
activities approved by the court and the administrator of the	854
center.	855

(c) If the court and the administrator of the center	856
determine that work release is appropriate based upon the offense	857
for which the eligible offender was sentenced to the community	858
residential sanction or OVI term of confinement and the length of	859
the sanction or term, the eligible offender may be offered work	860
release from confinement at the center and be released from	861
confinement while engaged in the work release.	862

(d) If the administrator of the center determines that	863
community service is appropriate and if the eligible offender will	864
be confined for more than ten days at the center, the eligible	865
offender may be required to participate in community service	866
activities approved by the political subdivision served by the	867
court. Community service activities that may be required under	868
this division may take place in facilities of the political	869
subdivision that operates the court, in the community, or in both	870
such locales. The eligible offender shall be released from	871
confinement while engaged in the community service activities.	872
Community service activities required under this division shall be	873
supervised by the court or an official designated by the board of	874
county commissioners or affiliated group of boards of county	875
commissioners that established and is operating the center.	876
Community service activities required under this division shall	877
not exceed in duration the period for which the eligible offender	878
will be confined at the center under the community residential	879
sanction or the OVI term of confinement.	880

(e) The confinement of the eligible offender in the center	881
shall be considered for purposes of this division and division	882
(H)(4)(f) of this section as including any period of time	883
described in division (H)(4)(b) of this section when the eligible	884
offender may be outside of the center and shall continue until the	885
expiration of the community residential sanction or OVI term of	886
confinement that the eligible offender is serving upon admission	887
to the center.	888

(f) After the admission and until the expiration of the	889
community residential sanction or OVI term of confinement that the	890
eligible offender is serving upon admission to the center, the	891
eligible offender shall be considered for purposes of any	892
provision in Title XXIX of the Revised Code to be serving the	893
community residential sanction or OVI term of confinement.	894

(5) The administrator of the center, or the administrator's	895
designee, shall post a sign as described in division (A)(4) of	896
section 2923.1212 of the Revised Code in a conspicuous location at	897
the center.	898

(I) The board of county commissioners that establishes and	899
operates a community alternative sentencing center under division	900
(E) of this section, or the affiliated group of boards of county	901
commissioners that establishes and operates a district community	902
alternative sentencing center under that division, may require an	903
eligible offender who is sentenced directly to the center and	904
admitted to it to pay to the county served by the board or the	905
counties served by the affiliated group of boards or the entity	906
operating the center the reasonable expenses incurred by the	907
county or counties, whichever is applicable, in supervising or	908
confining the eligible offender after being sentenced to the	909
center and admitted. Inability to pay those reasonable expenses	910
shall not be grounds for refusing to admit an otherwise eligible	911
offender to the center.	912

(J)(1) If an eligible offender who is directly sentenced to a	913
community alternative sentencing center or district community	914
alternative sentencing center and admitted to the center	915
successfully completes the service of the community residential	916
sanction in the center, the administrator of the center shall	917
notify the court that imposed the sentence, and the court shall	918
enter into the journal that the eligible offender successfully	919
completed the service of the sanction.	920

(2) If an eligible offender who is directly sentenced to a	921
community alternative sentencing center or district community	922
alternative sentencing center and admitted to the center violates	923
any rule established under this section by the board of county	924
commissioners or the affiliated group of boards of county	925
commissioners that establishes and operates the center, violates	926
any condition of the community residential sanction or OVI term of	927
confinement imposed by the sentencing court, or otherwise does not	928
successfully complete the service of the community residential	929
sanction or OVI term of confinement in the center, the	930
administrator of the center shall report the violation or failure	931
to successfully complete the sanction or term directly to the	932
court or to the probation department or probation officer with	933
general control and supervision over the eligible offender. A	934
failure to successfully complete the service of the community	935
residential sanction or OVI term of confinement in the center	936
shall be considered a violation of a condition of the community	937
residential sanction or the OVI term of confinement. If the	938
administrator reports the violation to the probation department or	939
probation officer, the department or officer shall report the	940
violation to the court. Upon its receipt under this division of a	941
report of a violation or failure to complete the sanction by a	942
person sentenced to the center under a community residential	943
sanction, the court may proceed as specified in division (C)(2) of	944
section 2929.25 of the Revised Code based on the violation or as	945
provided by ordinance of the municipal corporation based on the	946
violation, whichever is applicable. Upon its receipt under this	947
division of a report of a violation or failure to complete the	948
term by a person sentenced to the center under an OVI term of	949
confinement, the court shall determine the place at which the	950
offender is to serve the remainder of the term of confinement. The	951
eligible offender shall receive credit towards completing the	952
eligible offender's sentence for the time spent in the center	953
after admission to it.	954

Sec. 309.18. (A) If a prosecuting attorney of a county	955
receives notice from the ~~department of rehabilitation and~~	956
~~correction pursuant to section 5120.14 of the Revised Code that a~~	957
~~person indicted in that county for an offense of violence that is~~	958
~~a felony has escaped from a correctional institution under the~~	959
~~control of the department or otherwise has escaped from the~~	960
~~custody of the department, receives notice from the~~ sheriff of the	961
county pursuant to section 341.011 of the Revised Code that a	962
person indicted for or otherwise charged with an offense of	963
violence that is a felony and that was committed in the county has	964
escaped from the county jail or workhouse or otherwise has escaped	965
from the custody of the sheriff, or receives notice from a chief	966
of police or other chief law enforcement officer of a municipal	967
corporation pursuant to section 753.19 of the Revised Code that a	968
person indicted for or otherwise charged with an offense of	969
violence that is a felony and that was committed in the county has	970
escaped from a jail or workhouse of that municipal corporation or	971
otherwise has escaped from the custody of that municipal	972
corporation, the prosecuting attorney shall notify each victim of	973
an offense of violence that is a felony committed by that person	974
of the person's escape and, if applicable, of ~~his~~the person's	975
subsequent apprehension. The notice of escape shall be given as	976
soon as possible after receipt of the notice from the department,	977
sheriff, or chief law enforcement officer of the municipal	978
corporation and shall be given by telephone or in person, except	979
that, if a prosecuting attorney tries and fails to give the notice	980
of escape by telephone at the victim's last known telephone number	981
or tries and fails to give the notice of escape in person at the	982
victim's last known address, the notice of escape shall be given	983
to the victim at ~~his~~the victim's last known address by certified	984
mail, return receipt requested. The notice of apprehension shall	985
be given as soon as possible after the person is apprehended and	986
shall be given in the same manner as is the notice of escape.	987

Any prosecuting attorney who fails to give any notice	988
required by this ~~section~~division is immune from civil liability	989
for any injury, death, or loss to person or property that might be	990
incurred as a result of that failure to give notice.	991

(B) If a prosecuting attorney of a county receives notice	992
from the department of rehabilitation and correction pursuant to	993
section 5120.14 of the Revised Code or otherwise receives notice	994
from the department that a person who was convicted of or pleaded	995
guilty in that county to an offense of violence that is a felony	996
has escaped from a correctional institution under the control of	997
the department or otherwise has escaped from the custody of the	998
department, and if the office of victim services of the department	999
requests assistance from the prosecuting attorney in identifying	1000
and locating the victim of the offense, the prosecuting attorney	1001
promptly shall provide the information requested, if available, to	1002
the office of victim services.	1003

Sec. 341.12. In a county not having a sufficient jail or	1004
staff, the sheriff shall convey any person charged with the	1005
commission of an offense, sentenced to imprisonment in the county	1006
jail, or in custody upon civil process to a jail in any county the	1007
sheriff considers most convenient and secure. ~~In the case of a~~	1008
~~person who has been charged with an offense and is being held~~	1009
~~pending trial~~As used in this paragraph, any county includes a	1010
contiguous county in an adjoining state.	1011

The sheriff may call such aid as is necessary in guarding,	1012
transporting, or returning such person. Whoever neglects or	1013
refuses to render such aid, when so called upon, shall forfeit and	1014
pay the sum of ten dollars, to be recovered by an action in the	1015
name and for the use of the county.	1016

Such sheriff and his assistants shall receive such	1017
compensation for their services as the county auditor of the	1018
county from which such person was removed considers reasonable.	1019
The compensation shall be paid from the county treasury on the	1020
warrant of the auditor.	1021

The receiving sheriff shall not, pursuant to this section,	1022
convey the person received to any county other than the one from	1023
which the person was removed.	1024

Sec. 926.99. (A)(1) Except as provided in division (A)(2) of	1025
this section, whoever violates section 926.04 of the Revised Code	1026
is guilty of a misdemeanor of the first degree on a first offense	1027
and a felony of the fifth degree on each subsequent offense.	1028

(2) A person who violates section 926.04 of the Revised Code	1029
and who is insolvent and financially unable to satisfy a claimant	1030
as defined in section 926.021 of the Revised Code is guilty of a	1031
felony of the fifth degree if the financial obligation owed by the	1032
offender to the claimant is ~~five hundred~~one thousand dollars or	1033
more and is less than ~~five~~seven thousand five hundred dollars. If	1034
the financial obligation is ~~five~~seven thousand five hundred	1035
dollars or more and is less than one hundred fifty thousand	1036
dollars, the offender is guilty of a felony of the fourth degree.	1037
If the financial obligation is one hundred fifty thousand dollars	1038
or more, the offender is guilty of a felony of the third degree.	1039

(B) Whoever violates division (E) or (F) of section 926.20 or	1040
division (A) of section 926.22 of the Revised Code is guilty of a	1041
minor misdemeanor on a first offense and a misdemeanor of the	1042
second degree on each subsequent offense.	1043

(C) Whoever violates division (G) of section 926.20 or	1044
section 926.34 or 926.35 of the Revised Code is guilty of a felony	1045
of the fourth degree.	1046

(D) Whoever violates division (A) of section 926.28 or	1047
division (B) of section 926.29 of the Revised Code is guilty of a	1048
felony of the fifth degree.	1049

(E) Whoever violates section 926.31 of the Revised Code is	1050
guilty of a misdemeanor of the fourth degree.	1051

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	1052
1333.04 of the Revised Code is guilty of a minor misdemeanor.	1053

(B) Whoever violates section 1333.12 or 1333.71 of the	1054
Revised Code is guilty of a misdemeanor of the fourth degree.	1055

(C) Whoever violates section 1333.36 of the Revised Code is	1056
guilty of a misdemeanor of the third degree.	1057

(D) A prosecuting attorney may file an action to restrain any	1058
person found in violation of section 1333.36 of the Revised Code.	1059
Upon the filing of such an action, the common pleas court may	1060
receive evidence of such violation and forthwith grant a temporary	1061
restraining order as may be prayed for, pending a hearing on the	1062
merits of said cause.	1063

(E) Whoever violates division (A)(1) of section 1333.52 or	1064
section 1333.81 of the Revised Code is guilty of a misdemeanor of	1065
the first degree.	1066

(F) Whoever violates division (A)(2) or (B) of section	1067
1333.52 of the Revised Code is guilty of a misdemeanor of the	1068
second degree.	1069

(G) Except as otherwise provided in this division, whoever	1070
violates section 1333.92 of the Revised Code is guilty of a	1071
misdemeanor of the first degree. If the value of the compensation	1072
is ~~five hundred~~one thousand dollars or more and less than ~~five~~	1073
seven thousand five hundred dollars, whoever violates section	1074
1333.92 of the Revised Code is guilty of a felony of the fifth	1075
degree. If the value of the compensation is ~~five~~seven thousand	1076
five hundred dollars or more and less than one hundred fifty	1077
thousand dollars, whoever violates section 1333.92 of the Revised	1078
Code is guilty of a felony of the fourth degree. If the value of	1079
the compensation is one hundred fifty thousand dollars or more,	1080
whoever violates section 1333.92 of the Revised Code is guilty of	1081
a felony of the third degree.	1082

Sec. 1707.99. Whoever commits any act described in division	1083
(A) of section 1707.042 or section 1707.44 of the Revised Code is	1084
guilty of a violation of sections 1707.01 to 1707.45 of the	1085
Revised Code and the following apply to the offender:	1086

(A) If the value of the funds or securities involved in the	1087
offense or the loss to the victim is less than ~~five hundred~~one	1088
thousand dollars, the offender is guilty of a felony of the fifth	1089
degree, and the court may impose upon the offender an additional	1090
fine of not more than two thousand five hundred dollars.	1091

(B) If the value of the funds or securities involved in the	1092
offense or the loss to the victim is ~~five hundred~~one thousand	1093
dollars or more but less than ~~five~~seven thousand five hundred	1094
dollars, the offender is guilty of a felony of the fourth degree,	1095
and the court may impose upon the offender an additional fine of	1096
not more than five thousand dollars.	1097

(C) If the value of the funds or securities involved in the	1098
offense or the loss to the victim is ~~five~~seven thousand five	1099
hundred dollars or more but less than ~~twenty-five~~thirty-seven	1100
thousand five hundred dollars, the offender is guilty of a felony	1101
of the third degree, and the court may impose upon the offender an	1102
additional fine of not more than ten thousand dollars.	1103

(D) If the value of the funds or securities involved in the	1104
offense or the loss to the victim is ~~twenty-five~~thirty-seven	1105
thousand five hundred dollars or more but less than one hundred	1106
fifty thousand dollars, the offender is guilty of a felony of the	1107
second degree, and the court may impose upon the offender an	1108
additional fine of not more than fifteen thousand dollars.	1109

(E) If the value of the funds or securities involved in the	1110
offense or the loss to the victim is one hundred fifty thousand	1111
dollars or more, the offender is guilty of a felony of the first	1112
degree, and the court may impose upon the offender an additional	1113
fine of not more than twenty thousand dollars.	1114

Sec. 1716.99. (A) Whoever violates any provision of sections	1115
1716.02 to 1716.17 of the Revised Code, other than division (A)(1)	1116
of section 1716.14 of the Revised Code, is guilty of a misdemeanor	1117
of the first degree.	1118

Each occurrence of a solicitation of a contribution from any	1119
person in violation of any provision of sections 1716.02 to	1120
1716.17 of the Revised Code, other than division (A)(1) of section	1121
1716.14 of the Revised Code, is considered a separate offense.	1122

(B)(1) Whoever violates division (A)(1) of section 1716.14 of	1123
the Revised Code is guilty of solicitation fraud and shall be	1124
punished as provided in divisions (B)(2) to (4) of this section.	1125

(2) Except as otherwise provided in division (B)(4) of this	1126
section, division (B)(3) of this section applies to solicitation	1127
fraud, and solicitation fraud is one of the following:	1128

(a) Except as otherwise provided in divisions (B)(2)(b) to	1129
(d) of this section, a misdemeanor of the first degree or, if the	1130
offender previously has been convicted of or pleaded guilty to a	1131
theft offense or a violation of division (A)(1) of section 1716.14	1132
of the Revised Code, a felony of the fifth degree.	1133

(b) If the value of the contribution or contributions made in	1134
the violation is ~~five hundred~~one thousand dollars or more but	1135
less than ~~five~~seven thousand five hundred dollars, a felony of	1136
the fifth degree or, if the offender previously has been convicted	1137
of or pleaded guilty to a theft offense or a violation of division	1138
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1139
fourth degree.	1140

(c) If the value of the contribution or contributions made in	1141
the violation is ~~five~~seven thousand five hundred dollars or more	1142
but less than one hundred fifty thousand dollars, a felony of the	1143
fourth degree or, if the offender previously has been convicted of	1144
or pleaded guilty to a theft offense or a violation of division	1145
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1146
third degree.	1147

(d) If the value of the contribution or contributions made in	1148
the violation is one hundred fifty thousand dollars or more, a	1149
felony of the third degree.	1150

(3) When an offender commits a series of offenses in	1151
violation of division (A)(1) of section 1716.14 of the Revised	1152
Code as part of a common scheme or plan to defraud multiple	1153
victims, all of the offenses may be tried as a single offense. If	1154
the offenses are tried as a single offense, the value of the	1155
contributions for purposes of determining the value as required by	1156
division (B)(2) of this section is the aggregate value of all	1157
contributions involved in all offenses in the common scheme or	1158
plan to defraud multiple victims. In prosecuting a single offense	1159
under this division, it is not necessary to separately allege and	1160
prove each offense in the series. Rather, it is sufficient to	1161
allege and prove that the offender, within a given span of time,	1162
committed one or more offenses as part of a common scheme or plan	1163
to defraud multiple victims as described in this division.	1164

(4) If the victim of the offense is an elderly person or	1165
disabled adult, division (B)(4) of this section and section	1166
2913.61 of the Revised Code apply to solicitation fraud, and	1167
solicitation fraud is one of the following:	1168

(a) Except as otherwise provided in divisions (B)(4)(b) to	1169
(d) of this section, a felony of the fifth degree;	1170

(b) If the value of the contributions made in the violation	1171
is ~~five hundred~~one thousand dollars or more and is less than	1172
~~five~~seven thousand five hundred dollars, a felony of the fourth	1173
degree;	1174

(c) If the value of the contributions made in the violation	1175
is ~~five~~seven thousand five hundred dollars or more and is less	1176
than ~~twenty-five~~thirty-seven thousand five hundred dollars, a	1177
felony of the third degree;	1178

(d) If the value of the contributions made in the violation	1179
is ~~twenty-five~~thirty-seven thousand five hundred dollars or more,	1180
a felony of the second degree.	1181

(C) Any person who is found guilty of any act or omission	1182
prohibited under this chapter shall forfeit the bond described in	1183
section 1716.05 or 1716.07 of the Revised Code to the state	1184
treasury to the credit of the charitable law fund established	1185
under section 109.32 of the Revised Code and shall be prohibited	1186
from registering with the attorney general or from serving as a	1187
fund-raising counsel or professional solicitor in this state for a	1188
period of five years after conviction.	1189

Sec. 2301.27. (A)(1)(a) The court of common pleas may	1190
establish a county department of probation. The establishment of	1191
the department shall be entered upon the journal of the court, and	1192
the clerk of the court of common pleas shall certify a copy of the	1193
journal entry establishing the department to each elective officer	1194
and board of the county. The department shall consist of a chief	1195
probation officer and the number of other probation officers and	1196
employees, clerks, and stenographers that is fixed from time to	1197
time by the court. The court shall appoint those individuals, fix	1198
their salaries, and supervise their work. ~~The~~	1199

(b) When appointing a chief probation officer, the court	1200
shall do all of the following:	1201

(i) Publicly advertise the position on the court's web site,	1202
including, but not limited to, the job description, qualifications	1203
for the position, and the application requirements;	1204

(ii) Conduct a competitive hiring process that adheres to	1205
state and federal equal employment opportunity laws;	1206

(iii) Review applicants who meet the posted qualifications	1207
and comply with the application requirements.	1208

(c) The court shall not appoint as a probation officer any	1209
person who does not possess the training, experience, and other	1210
qualifications prescribed by the adult parole authority created by	1211
section 5149.02 of the Revised Code. Probation officers have all	1212
the powers of regular police officers and shall perform any duties	1213
that are designated by the judge or judges of the court. All	1214
positions within the department of probation shall be in the	1215
classified service of the civil service of the county.	1216

(2) If two or more counties desire to jointly establish a	1217
probation department for those counties, the judges of the courts	1218
of common pleas of those counties may establish a probation	1219
department for those counties. If a probation department is	1220
established pursuant to division (A)(2) of this section to serve	1221
more than one county, the judges of the courts of common pleas	1222
that established the department shall designate the county	1223
treasurer of one of the counties served by the department as the	1224
treasurer to whom probation fees paid under section 2951.021 of	1225
the Revised Code are to be appropriated and transferred under	1226
division (A)(2) of section 321.44 of the Revised Code for deposit	1227
into the multicounty probation services fund established under	1228
division (B) of section 321.44 of the Revised Code.	1229

The cost of the administration and operation of a probation	1230
department established for two or more counties shall be prorated	1231
to the respective counties on the basis of population.	1232

(3) Probation officers shall receive, in addition to their	1233
respective salaries, their necessary and reasonable travel and	1234
other expenses incurred in the performance of their duties. Their	1235
salaries and expenses shall be paid monthly from the county	1236
treasury in the manner provided for the payment of the	1237
compensation of other appointees of the court.	1238

(4) Probation officers shall be trained in accordance with a	1239
set of minimum standards that are established by the supreme	1240
court.	1241

(B)(1) In lieu of establishing a county department of	1242
probation under division (A) of this section and in lieu of	1243
entering into an agreement with the adult parole authority as	1244
described in division (B) of section 2301.32 of the Revised Code,	1245
the court of common pleas may request the board of county	1246
commissioners to contract with, and upon that request the board	1247
may contract with, any nonprofit, public or private agency,	1248
association, or organization for the provision of probation	1249
services and supervisory services for persons placed under	1250
community control sanctions. The contract shall specify that each	1251
individual providing the probation services and supervisory	1252
services shall possess the training, experience, and other	1253
qualifications prescribed by the adult parole authority. The	1254
individuals who provide the probation services and supervisory	1255
services shall not be included in the classified or unclassified	1256
civil service of the county.	1257

(2) In lieu of establishing a county department of probation	1258
under division (A) of this section and in lieu of entering into an	1259
agreement with the adult parole authority as described in division	1260
(B) of section 2301.32 of the Revised Code, the courts of common	1261
pleas of two or more adjoining counties jointly may request the	1262
boards of county commissioners of those counties to contract with,	1263
and upon that request the boards of county commissioners of two or	1264
more adjoining counties jointly may contract with, any nonprofit,	1265
public or private agency, association, or organization for the	1266
provision of probation services and supervisory services for	1267
persons placed under community control sanctions for those	1268
counties. The contract shall specify that each individual	1269
providing the probation services and supervisory services shall	1270
possess the training, experience, and other qualifications	1271
prescribed by the adult parole authority. The individuals who	1272
provide the probation services and supervisory services shall not	1273
be included in the classified or unclassified civil service of any	1274
of those counties.	1275

(C) The chief probation officer may grant permission to a	1276
probation officer to carry firearms when required in the discharge	1277
of official duties if the probation officer has successfully	1278
completed a basic firearm training program that is approved by the	1279
executive director of the Ohio peace officer training commission.	1280
A probation officer who has been granted permission to carry a	1281
firearm in the discharge of official duties, annually shall	1282
successfully complete a firearms requalification program in	1283
accordance with section 109.801 of the Revised Code.	1284

(D) As used in this section and sections 2301.28 to 2301.32	1285
of the Revised Code, "community control sanction" has the same	1286
meaning as in section 2929.01 of the Revised Code.	1287

Sec. 2301.271. (A) The supreme court, in consultation with	1288
the adult parole authority, shall develop minimum standards for	1289
the training of probation officers as provided by section 2301.27	1290
of the Revised Code.	1291

(B) Within six months after the effective date of this	1292
section, the supreme court shall provide a copy of the minimum	1293
standards to the following entities:	1294

(1) The department of rehabilitation and correction;

1295

(2) Every municipal court, county court, and court of common	1296
pleas;	1297

(3) Every probation department.

1298

Sec. 2301.30. The court of common pleas of a county in which	1299
a county department of probation is established under division (A)	1300
of section 2301.27 of the Revised Code shall require the	1301
department, in the rules through which the supervision of the	1302
department is exercised or otherwise, to do all of the following:	1303

(A) Furnish to each person under a community control sanction	1304
or post-release control sanction or on parole under its	1305
supervision or in its custody, a written statement of the	1306
conditions of the community control sanction, post-release control	1307
sanction, or parole and instruct the person regarding the	1308
conditions;	1309

(B) Keep informed concerning the conduct and condition of	1310
each person in its custody or under its supervision by visiting,	1311
the requiring of reports, and otherwise;	1312

(C) Use all suitable methods, not inconsistent with the	1313
conditions of the community control sanction, post-release control	1314
sanction, or parole, to aid and encourage the persons under its	1315
supervision or in its custody and to bring about improvement in	1316
their conduct and condition;	1317

(D) Publish policies regarding the supervision of	1318
probationers that shall include, but not be limited to, all of the	1319
following:	1320

(1) The minimum number of supervision contacts required for	1321
probationers, based on each probationer's risk to reoffend as	1322
determined by the single validated risk assessment tool selected	1323
by the department of rehabilitation and correction under section	1324
5120.114 of the Revised Code, under which higher risk probationers	1325
receive the greatest amount of supervision;	1326

(2) A graduated response policy to govern which types of	1327
violations a probation officer may respond to administratively and	1328
which type require a violation hearing by the court.	1329

(E) Keep detailed records of the work of the department, keep	1330
accurate and complete accounts of all moneys collected from	1331
persons under its supervision or in its custody, and keep or give	1332
receipts for those moneys;	1333

~~(E)~~(F) Make reports to the adult parole authority created by	1334
section 5149.02 of the Revised Code that it requires;	1335

(G) Provide the department of rehabilitation and correction	1336
with a monthly report that includes statistical data needed to	1337
support budget requests and satisfy requests for information	1338
relating to the operation of probation departments under the	1339
jurisdiction of courts of common pleas and municipal courts and	1340
that shall include all of the following:	1341

(1) A count of the number of individuals placed on probation;

1342

(2) A count of the number of individuals terminated from	1343
probation listed by type of termination, including revocation;	1344

(3) The total number of individuals under supervision at the	1345
end of the month;	1346

(4) Any other elements, as determined necessary by the	1347
department, that allow for better measurement of the types of	1348
individuals placed on probation and their outcomes at termination.	1349

Sec. 2743.191. (A)(1) There is hereby created in the state	1350
treasury the reparations fund, which shall be used only for the	1351
following purposes:	1352

(a) The payment of awards of reparations that are granted by	1353
the attorney general;	1354

(b) The compensation of any personnel needed by the attorney	1355
general to administer sections 2743.51 to 2743.72 of the Revised	1356
Code;	1357

(c) The compensation of witnesses as provided in division (J)	1358
of section 2743.65 of the Revised Code;	1359

(d) Other administrative costs of hearing and determining	1360
claims for an award of reparations by the attorney general;	1361

(e) The costs of administering sections 2907.28 and 2969.01	1362
to 2969.06 of the Revised Code;	1363

(f) The costs of investigation and decision-making as	1364
certified by the attorney general;	1365

(g) The provision of state financial assistance to victim	1366
assistance programs in accordance with sections 109.91 and 109.92	1367
of the Revised Code;	1368

(h) The costs of paying the expenses of sex offense-related	1369
examinations and antibiotics pursuant to section 2907.28 of the	1370
Revised Code;	1371

(i) The cost of printing and distributing the pamphlet	1372
prepared by the attorney general pursuant to section 109.42 of the	1373
Revised Code;	1374

(j) Subject to division (D) of section 2743.71 of the Revised	1375
Code, the costs associated with the printing and providing of	1376
information cards or other printed materials to law enforcement	1377
agencies and prosecuting authorities and with publicizing the	1378
availability of awards of reparations pursuant to section 2743.71	1379
of the Revised Code;	1380

(k) The payment of costs of administering a DNA specimen	1381
collection procedure pursuant to sections 2152.74 and 2901.07 of	1382
the Revised Code, of performing DNA analysis of those DNA	1383
specimens, and of entering the resulting DNA records regarding	1384
those analyses into the DNA database pursuant to section 109.573	1385
of the Revised Code;	1386

(l) The payment of actual costs associated with initiatives	1387
by the attorney general for the apprehension, prosecution, and	1388
accountability of offenders, and the enhancing of services to	1389
crime victims. The amount of payments made pursuant to division	1390
(A)(1)(l) of this section during any given fiscal year shall not	1391
exceed five per cent of the balance of the reparations fund at the	1392
close of the immediately previous fiscal year;	1393

(m) The costs of administering the adult parole authority's	1394
supervision pursuant to division (E) of section 2971.05 of the	1395
Revised Code of sexually violent predators who are sentenced to a	1396
prison term pursuant to division (A)(3) of section 2971.03 of the	1397
Revised Code and of offenders who are sentenced to a prison term	1398
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1399
(c), or (B)(3)(a), (b), (c), or (d) of that section;	1400

(n) Subject to the limit set forth in those sections, the	1401
costs of the installation and monitoring of an electronic	1402
monitoring device used in the monitoring of a respondent pursuant	1403
to an electronic monitoring order issued by a court under division	1404
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	1405
2903.214 of the Revised Code if the court determines that the	1406
respondent is indigent or used in the monitoring of an offender	1407
pursuant to an electronic monitoring order issued under division	1408
(B)(5) of section 2919.27 of the Revised Code if the court	1409
determines that the offender is indigent;	1410

(o) The costs of monitoring an offender by means of a global	1411
positioning device, if the offender is released from prison	1412
pursuant to section 2967.19 of the Revised Code, the court orders	1413
monitoring of the offender by the device pursuant to division (I)	1414
of that section, and the court determines that the offender is	1415
indigent.	1416

(2) All costs paid pursuant to section 2743.70 of the Revised	1417
Code, the portions of license reinstatement fees mandated by	1418
division (F)(2)(b) of section 4511.191 of the Revised Code to be	1419
credited to the fund, the portions of the proceeds of the sale of	1420
a forfeited vehicle specified in division (C)(2) of section	1421
4503.234 of the Revised Code, payments collected by the department	1422
of rehabilitation and correction from prisoners who voluntarily	1423
participate in an approved work and training program pursuant to	1424
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	1425
all moneys collected by the state pursuant to its right of	1426
subrogation provided in section 2743.72 of the Revised Code shall	1427
be deposited in the fund.	1428

(B) In making an award of reparations, the attorney general	1429
shall render the award against the state. The award shall be	1430
accomplished only through the following procedure, and the	1431
following procedure may be enforced by writ of mandamus directed	1432
to the appropriate official:	1433

(1) The attorney general shall provide for payment of the	1434
claimant or providers in the amount of the award only if the	1435
amount of the award is fifty dollars or more.	1436

(2) The expense shall be charged against all available	1437
unencumbered moneys in the fund.	1438

(3) If sufficient unencumbered moneys do not exist in the	1439
fund, the attorney general shall make application for payment of	1440
the award out of the emergency purposes account or any other	1441
appropriation for emergencies or contingencies, and payment out of	1442
this account or other appropriation shall be authorized if there	1443
are sufficient moneys greater than the sum total of then pending	1444
emergency purposes account requests or requests for releases from	1445
the other appropriations.	1446

(4) If sufficient moneys do not exist in the account or any	1447
other appropriation for emergencies or contingencies to pay the	1448
award, the attorney general shall request the general assembly to	1449
make an appropriation sufficient to pay the award, and no payment	1450
shall be made until the appropriation has been made. The attorney	1451
general shall make this appropriation request during the current	1452
biennium and during each succeeding biennium until a sufficient	1453
appropriation is made. If, prior to the time that an appropriation	1454
is made by the general assembly pursuant to this division, the	1455
fund has sufficient unencumbered funds to pay the award or part of	1456
the award, the available funds shall be used to pay the award or	1457
part of the award, and the appropriation request shall be amended	1458
to request only sufficient funds to pay that part of the award	1459
that is unpaid.	1460

(C) The attorney general shall not make payment on a decision	1461
or order granting an award until all appeals have been determined	1462
and all rights to appeal exhausted, except as otherwise provided	1463
in this section. If any party to a claim for an award of	1464
reparations appeals from only a portion of an award, and a	1465
remaining portion provides for the payment of money by the state,	1466
that part of the award calling for the payment of money by the	1467
state and not a subject of the appeal shall be processed for	1468
payment as described in this section.	1469

(D) The attorney general shall prepare itemized bills for the	1470
costs of printing and distributing the pamphlet the attorney	1471
general prepares pursuant to section 109.42 of the Revised Code.	1472
The itemized bills shall set forth the name and address of the	1473
persons owed the amounts set forth in them.	1474

(E) As used in this section, "DNA analysis" and "DNA	1475
specimen" have the same meanings as in section 109.573 of the	1476
Revised Code.	1477

Sec. 2909.03. (A) No person, by means of fire or explosion,	1478
shall knowingly do any of the following:	1479

(1) Cause, or create a substantial risk of, physical harm to	1480
any property of another without the other person's consent;	1481

(2) Cause, or create a substantial risk of, physical harm to	1482
any property of the offender or another, with purpose to defraud;	1483

(3) Cause, or create a substantial risk of, physical harm to	1484
the statehouse or a courthouse, school building, or other building	1485
or structure that is owned or controlled by the state, any	1486
political subdivision, or any department, agency, or	1487
instrumentality of the state or a political subdivision, and that	1488
is used for public purposes;	1489

(4) Cause, or create a substantial risk of, physical harm,	1490
through the offer or the acceptance of an agreement for hire or	1491
other consideration, to any property of another without the other	1492
person's consent or to any property of the offender or another	1493
with purpose to defraud;	1494

(5) Cause, or create a substantial risk of, physical harm to	1495
any park, preserve, wildlands, brush-covered land, cut-over land,	1496
forest, timberland, greenlands, woods, or similar real property	1497
that is owned or controlled by another person, the state, or a	1498
political subdivision without the consent of the other person, the	1499
state, or the political subdivision;	1500

(6) With purpose to defraud, cause, or create a substantial	1501
risk of, physical harm to any park, preserve, wildlands,	1502
brush-covered land, cut-over land, forest, timberland, greenlands,	1503
woods, or similar real property that is owned or controlled by the	1504
offender, another person, the state, or a political subdivision.	1505

(B)(1) Whoever violates this section is guilty of arson.

1506

(2) A violation of division (A)(1) of this section is one of	1507
the following:	1508

(a) Except as otherwise provided in division (B)(2)(b) of	1509
this section, a misdemeanor of the first degree;	1510

(b) If the value of the property or the amount of the	1511
physical harm involved is ~~five hundred~~one thousand dollars or	1512
more, a felony of the fourth degree.	1513

(3) A violation of division (A)(2), (3), (5), or (6) of this	1514
section is a felony of the fourth degree.	1515

(4) A violation of division (A)(4) of this section is a	1516
felony of the third degree.	1517

Sec. 2909.05. (A) No person shall knowingly cause serious	1518
physical harm to an occupied structure or any of its contents.	1519

(B)(1) No person shall knowingly cause physical harm to	1520
property that is owned or possessed by another, when either of the	1521
following applies:	1522

(a) The property is used by its owner or possessor in the	1523
owner's or possessor's profession, business, trade, or occupation,	1524
and the value of the property or the amount of physical harm	1525
involved is ~~five hundred~~one thousand dollars or more;	1526

(b) Regardless of the value of the property or the amount of	1527
damage done, the property or its equivalent is necessary in order	1528
for its owner or possessor to engage in the owner's or possessor's	1529
profession, business, trade, or occupation.	1530

(2) No person shall knowingly cause serious physical harm to	1531
property that is owned, leased, or controlled by a governmental	1532
entity. A governmental entity includes, but is not limited to, the	1533
state or a political subdivision of the state, a school district,	1534
the board of trustees of a public library or public university, or	1535
any other body corporate and politic responsible for governmental	1536
activities only in geographical areas smaller than that of the	1537
state.	1538

(C) No person, without privilege to do so, shall knowingly	1539
cause serious physical harm to any tomb, monument, gravestone, or	1540
other similar structure that is used as a memorial for the dead;	1541
to any fence, railing, curb, or other property that is used to	1542
protect, enclose, or ornament any cemetery; or to a cemetery.	1543

(D) No person, without privilege to do so, shall knowingly	1544
cause physical harm to a place of burial by breaking and entering	1545
into a tomb, crypt, casket, or other structure that is used as a	1546
memorial for the dead or as an enclosure for the dead.	1547

(E) Whoever violates this section is guilty of vandalism.	1548
Except as otherwise provided in this division, vandalism is a	1549
felony of the fifth degree that is punishable by a fine of up to	1550
two thousand five hundred dollars in addition to the penalties	1551
specified for a felony of the fifth degree in sections 2929.11 to	1552
2929.18 of the Revised Code. If the value of the property or the	1553
amount of physical harm involved is ~~five~~seven thousand five	1554
hundred dollars or more but less than one hundred fifty thousand	1555
dollars, vandalism is a felony of the fourth degree. If the value	1556
of the property or the amount of physical harm involved is one	1557
hundred fifty thousand dollars or more, vandalism is a felony of	1558
the third degree.	1559

(F) For purposes of this section:

1560

(1) "Cemetery" means any place of burial and includes burial	1561
sites that contain American Indian burial objects placed with or	1562
containing American Indian human remains.	1563

(2) "Serious physical harm" means physical harm to property	1564
that results in loss to the value of the property of ~~five hundred~~	1565
one thousand dollars or more.	1566

Sec. 2909.11. (A) When a person is charged with a violation	1567
of division (A)(1) of section 2909.03 of the Revised Code	1568
involving property value or an amount of physical harm of ~~five~~	1569
~~hundred~~one thousand dollars or more or with a violation of	1570
section 2909.05 of the Revised Code involving property value or an	1571
amount of physical harm of ~~five hundred~~one thousand dollars or	1572
more, the jury or court trying the accused shall determine the	1573
value of the property or amount of physical harm and, if a guilty	1574
verdict is returned, shall return the finding as part of the	1575
verdict. In any such case, it is unnecessary to find or return the	1576
exact value or amount of physical harm, section 2945.75 of the	1577
Revised Code applies, and it is sufficient if either of the	1578
following applies, as appropriate, relative to the finding and	1579
return of the value or amount of physical harm:	1580

(1) If the finding and return relate to a violation of	1581
division (A)(1) of section 2909.03 of the Revised Code and are	1582
that the value or amount of the physical harm was ~~five hundred~~	1583
one thousand dollars or more, the finding and return shall include	1584
a statement that the value or amount was ~~five hundred~~one	1585
thousand dollars or more.	1586

(2) If the finding and return relate to a violation of	1587
~~division~~ section 2909.05 of the Revised Code and are that the	1588
value or amount of the physical harm was in any of the following	1589
categories, the finding and return shall include one of the	1590
following statements, as appropriate:	1591

(a) If the finding and return are that the value or amount	1592
was one hundred fifty thousand dollars or more, a statement that	1593
the value or amount was one hundred fifty thousand dollars or	1594
more;	1595

(b) If the finding and return are that the value or amount	1596
was ~~five~~seven thousand five hundred dollars or more but less than	1597
one hundred fifty thousand dollars a statement that the value or	1598
amount was ~~five~~seven thousand five hundred dollars or more but	1599
less than one hundred fifty thousand dollars;	1600

(c) If the finding and return are that the value or amount	1601
was ~~five hundred~~one thousand dollars or more but less than ~~five~~	1602
seven thousand five hundred dollars, a statement that the value	1603
or amount was ~~five hundred~~one thousand dollars or more but less	1604
than ~~five~~seven thousand five hundred dollars.	1605

(B) The following criteria shall be used in determining the	1606
value of property or amount of physical harm involved in a	1607
violation of division (A)(1) of section 2909.03 or section 2909.05	1608
of the Revised Code:	1609

(1) If the property is an heirloom, memento, collector's	1610
item, antique, museum piece, manuscript, document, record, or	1611
other thing that is either irreplaceable or is replaceable only on	1612
the expenditure of substantial time, effort, or money, the value	1613
of the property or the amount of physical harm involved is the	1614
amount that would compensate the owner for its loss.	1615

(2) If the property is not covered under division (B)(1) of	1616
this section and the physical harm is such that the property can	1617
be restored substantially to its former condition, the amount of	1618
physical harm involved is the reasonable cost of restoring the	1619
property.	1620

(3) If the property is not covered under division (B)(1) of	1621
this section and the physical harm is such that the property	1622
cannot be restored substantially to its former condition, the	1623
value of the property, in the case of personal property, is the	1624
cost of replacing the property with new property of like kind and	1625
quality, and, in the case of real property or real property	1626
fixtures, is the difference in the fair market value of the	1627
property immediately before and immediately after the offense.	1628

(C) As used in this section, "fair market value" has the same	1629
meaning as in section 2913.61 of the Revised Code.	1630

(D) Prima-facie evidence of the value of property, as	1631
provided in division (E) of section 2913.61 of the Revised Code,	1632
may be used to establish the value of property pursuant to this	1633
section.	1634

Sec. 2911.12. (A) No person, by force, stealth, or	1635
deception, shall do any of the following:	1636

(1) Trespass in an occupied structure or in a separately	1637
secured or separately occupied portion of an occupied structure,	1638
when another person other than an accomplice of the offender is	1639
present, with purpose to commit in the structure or in the	1640
separately secured or separately occupied portion of the structure	1641
any criminal offense;	1642

(2) Trespass in an occupied structure or in a separately	1643
secured or separately occupied portion of an occupied structure	1644
that is a permanent or temporary habitation of any person when any	1645
person other than an accomplice of the offender is present or	1646
likely to be present, with purpose to commit in the habitation any	1647
criminal offense;	1648

(3) Trespass in an occupied structure or in a separately	1649
secured or separately occupied portion of an occupied structure,	1650
with purpose to commit in the structure or separately secured or	1651
separately occupied portion of the structure any criminal	1652
offense;.	1653

~~(4) Trespass~~(B) No person, by force, stealth, or deception,	1654
shall trespass in a permanent or temporary habitation of any	1655
person when any person other than an accomplice of the offender is	1656
present or likely to be present.	1657

~~(B)~~(C) As used in this section, "occupied structure" has the	1658
same meaning as in section 2909.01 of the Revised Code.	1659

~~(C)~~(D) Whoever violates division (A) of this section is	1660
guilty of burglary. A violation of division (A)(1) or (2) of this	1661
section is a felony of the second degree. A violation of division	1662
(A)(3) of this section is a felony of the third degree. A	1663
~~violation of division (A)(4) of this section is a felony of the~~	1664
~~fourth degree.~~	1665

(E) Whoever violates division (B) of this section is guilty	1666
of trespass in a habitation when a person is present or likely to	1667
be present, a felony of the fourth degree.	1668

Sec. 2913.01. As used in this chapter, unless the context	1669
requires that a term be given a different meaning:	1670

(A) "Deception" means knowingly deceiving another or causing	1671
another to be deceived by any false or misleading representation,	1672
by withholding information, by preventing another from acquiring	1673
information, or by any other conduct, act, or omission that	1674
creates, confirms, or perpetuates a false impression in another,	1675
including a false impression as to law, value, state of mind, or	1676
other objective or subjective fact.	1677

(B) "Defraud" means to knowingly obtain, by deception, some	1678
benefit for oneself or another, or to knowingly cause, by	1679
deception, some detriment to another.	1680

1681

(1) Withhold property of another permanently, or for a period	1682
that appropriates a substantial portion of its value or use, or	1683
with purpose to restore it only upon payment of a reward or other	1684
consideration;	1685

(2) Dispose of property so as to make it unlikely that the	1686
owner will recover it;	1687

(3) Accept, use, or appropriate money, property, or services,	1688
with purpose not to give proper consideration in return for the	1689
money, property, or services, and without reasonable justification	1690
or excuse for not giving proper consideration.	1691

(D) "Owner" means, unless the context requires a different	1692
meaning, any person, other than the actor, who is the owner of,	1693
who has possession or control of, or who has any license or	1694
interest in property or services, even though the ownership,	1695
possession, control, license, or interest is unlawful.	1696

(E) "Services" include labor, personal services, professional	1697
services, rental services, public utility services including	1698
wireless service as defined in division (F)(1) of section 4931.40	1699
of the Revised Code, common carrier services, and food, drink,	1700
transportation, entertainment, and cable television services and,	1701
for purposes of section 2913.04 of the Revised Code, include cable	1702
services as defined in that section.	1703

(F) "Writing" means any computer software, document, letter,	1704
memorandum, note, paper, plate, data, film, or other thing having	1705
in or upon it any written, typewritten, or printed matter, and any	1706
token, stamp, seal, credit card, badge, trademark, label, or other	1707
symbol of value, right, privilege, license, or identification.	1708

(G) "Forge" means to fabricate or create, in whole or in part	1709
and by any means, any spurious writing, or to make, execute,	1710
alter, complete, reproduce, or otherwise purport to authenticate	1711
any writing, when the writing in fact is not authenticated by that	1712
conduct.	1713

(H) "Utter" means to issue, publish, transfer, use, put or	1714
send into circulation, deliver, or display.	1715

(I) "Coin machine" means any mechanical or electronic device	1716
designed to do both of the following:	1717

(1) Receive a coin, bill, or token made for that purpose;

1718

(2) In return for the insertion or deposit of a coin, bill,	1719
or token, automatically dispense property, provide a service, or	1720
grant a license.	1721

(J) "Slug" means an object that, by virtue of its size,	1722
shape, composition, or other quality, is capable of being inserted	1723
or deposited in a coin machine as an improper substitute for a	1724
genuine coin, bill, or token made for that purpose.	1725

(K) "Theft offense" means any of the following:

1726

(1) A violation of section 2911.01, 2911.02, 2911.11,	1727
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	1728
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1729
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	1730
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	1731
2913.51, 2915.05, or 2921.41 of the Revised Code;	1732

(2) A violation of an existing or former municipal ordinance	1733
or law of this or any other state, or of the United States,	1734
substantially equivalent to any section listed in division (K)(1)	1735
of this section or a violation of section 2913.41, 2913.81, or	1736
2915.06 of the Revised Code as it existed prior to July 1, 1996;	1737

(3) An offense under an existing or former municipal	1738
ordinance or law of this or any other state, or of the United	1739
States, involving robbery, burglary, breaking and entering, theft,	1740
embezzlement, wrongful conversion, forgery, counterfeiting,	1741
deceit, or fraud;	1742

(4) A conspiracy or attempt to commit, or complicity in	1743
committing, any offense under division (K)(1), (2), or (3) of this	1744
section.	1745

(L) "Computer services" includes, but is not limited to, the	1746
use of a computer system, computer network, computer program, data	1747
that is prepared for computer use, or data that is contained	1748
within a computer system or computer network.	1749

(M) "Computer" means an electronic device that performs	1750
logical, arithmetic, and memory functions by the manipulation of	1751
electronic or magnetic impulses. "Computer" includes, but is not	1752
limited to, all input, output, processing, storage, computer	1753
program, or communication facilities that are connected, or	1754
related, in a computer system or network to an electronic device	1755
of that nature.	1756

(N) "Computer system" means a computer and related devices,	1757
whether connected or unconnected, including, but not limited to,	1758
data input, output, and storage devices, data communications	1759
links, and computer programs and data that make the system capable	1760
of performing specified special purpose data processing tasks.	1761

(O) "Computer network" means a set of related and remotely	1762
connected computers and communication facilities that includes	1763
more than one computer system that has the capability to transmit	1764
among the connected computers and communication facilities through	1765
the use of computer facilities.	1766

(P) "Computer program" means an ordered set of data	1767
representing coded instructions or statements that, when executed	1768
by a computer, cause the computer to process data.	1769

(Q) "Computer software" means computer programs, procedures,	1770
and other documentation associated with the operation of a	1771
computer system.	1772

(R) "Data" means a representation of information, knowledge,	1773
facts, concepts, or instructions that are being or have been	1774
prepared in a formalized manner and that are intended for use in a	1775
computer, computer system, or computer network. For purposes of	1776
section 2913.47 of the Revised Code, "data" has the additional	1777
meaning set forth in division (A) of that section.	1778

(S) "Cable television service" means any services provided by	1779
or through the facilities of any cable television system or other	1780
similar closed circuit coaxial cable communications system, or any	1781
microwave or similar transmission service used in connection with	1782
any cable television system or other similar closed circuit	1783
coaxial cable communications system.	1784

(T) "Gain access" means to approach, instruct, communicate	1785
with, store data in, retrieve data from, or otherwise make use of	1786
any resources of a computer, computer system, or computer network,	1787
or any cable service or cable system both as defined in section	1788
2913.04 of the Revised Code.	1789

(U) "Credit card" includes, but is not limited to, a card,	1790
code, device, or other means of access to a customer's account for	1791
the purpose of obtaining money, property, labor, or services on	1792
credit, or for initiating an electronic fund transfer at a	1793
point-of-sale terminal, an automated teller machine, or a cash	1794
dispensing machine. It also includes a county procurement card	1795
issued under section 301.29 of the Revised Code.	1796

(V) "Electronic fund transfer" has the same meaning as in 92	1797
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	1798

(W) "Rented property" means personal property in which the	1799
right of possession and use of the property is for a short and	1800
possibly indeterminate term in return for consideration; the	1801
rentee generally controls the duration of possession of the	1802
property, within any applicable minimum or maximum term; and the	1803
amount of consideration generally is determined by the duration of	1804
possession of the property.	1805

(X) "Telecommunication" means the origination, emission,	1806
dissemination, transmission, or reception of data, images,	1807
signals, sounds, or other intelligence or equivalence of	1808
intelligence of any nature over any communications system by any	1809
method, including, but not limited to, a fiber optic, electronic,	1810
magnetic, optical, digital, or analog method.	1811

(Y) "Telecommunications device" means any instrument,	1812
equipment, machine, or other device that facilitates	1813
telecommunication, including, but not limited to, a computer,	1814
computer network, computer chip, computer circuit, scanner,	1815
telephone, cellular telephone, pager, personal communications	1816
device, transponder, receiver, radio, modem, or device that	1817
enables the use of a modem.	1818

(Z) "Telecommunications service" means the providing,	1819
allowing, facilitating, or generating of any form of	1820
telecommunication through the use of a telecommunications device	1821
over a telecommunications system.	1822

(AA) "Counterfeit telecommunications device" means a	1823
telecommunications device that, alone or with another	1824
telecommunications device, has been altered, constructed,	1825
manufactured, or programmed to acquire, intercept, receive, or	1826
otherwise facilitate the use of a telecommunications service or	1827
information service without the authority or consent of the	1828
provider of the telecommunications service or information service.	1829
"Counterfeit telecommunications device" includes, but is not	1830
limited to, a clone telephone, clone microchip, tumbler telephone,	1831
or tumbler microchip; a wireless scanning device capable of	1832
acquiring, intercepting, receiving, or otherwise facilitating the	1833
use of telecommunications service or information service without	1834
immediate detection; or a device, equipment, hardware, or software	1835
designed for, or capable of, altering or changing the electronic	1836
serial number in a wireless telephone.	1837

(BB)(1) "Information service" means, subject to division	1838
(BB)(2) of this section, the offering of a capability for	1839
generating, acquiring, storing, transforming, processing,	1840
retrieving, utilizing, or making available information via	1841
telecommunications, including, but not limited to, electronic	1842
publishing.	1843

(2) "Information service" does not include any use of a	1844
capability of a type described in division (BB)(1) of this section	1845
for the management, control, or operation of a telecommunications	1846
system or the management of a telecommunications service.	1847

(CC) "Elderly person" means a person who is sixty-five years	1848
of age or older.	1849

(DD) "Disabled adult" means a person who is eighteen years of	1850
age or older and has some impairment of body or mind that makes	1851
the person unable to work at any substantially remunerative	1852
employment that the person otherwise would be able to perform and	1853
that will, with reasonable probability, continue for a period of	1854
at least twelve months without any present indication of recovery	1855
from the impairment, or who is eighteen years of age or older and	1856
has been certified as permanently and totally disabled by an	1857
agency of this state or the United States that has the function of	1858
so classifying persons.	1859

(EE) "Firearm" and "dangerous ordnance" have the same	1860
meanings as in section 2923.11 of the Revised Code.	1861

(FF) "Motor vehicle" has the same meaning as in section	1862
4501.01 of the Revised Code.	1863

(GG) "Dangerous drug" has the same meaning as in section	1864
4729.01 of the Revised Code.	1865

(HH) "Drug abuse offense" has the same meaning as in section	1866
2925.01 of the Revised Code.	1867

(II)(1) "Computer hacking" means any of the following:

1868

(a) Gaining access or attempting to gain access to all or	1869
part of a computer, computer system, or a computer network without	1870
express or implied authorization with the intent to defraud or	1871
with intent to commit a crime;	1872

(b) Misusing computer or network services including, but not	1873
limited to, mail transfer programs, file transfer programs, proxy	1874
servers, and web servers by performing functions not authorized by	1875
the owner of the computer, computer system, or computer network or	1876
other person authorized to give consent. As used in this division,	1877
"misuse of computer and network services" includes, but is not	1878
limited to, the unauthorized use of any of the following:	1879

(i) Mail transfer programs to send mail to persons other than	1880
the authorized users of that computer or computer network;	1881

(ii) File transfer program proxy services or proxy servers to	1882
access other computers, computer systems, or computer networks;	1883

(iii) Web servers to redirect users to other web pages or web	1884
servers.	1885

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	1886
using a group of computer programs commonly known as "port	1887
scanners" or "probes" to intentionally access any computer,	1888
computer system, or computer network without the permission of the	1889
owner of the computer, computer system, or computer network or	1890
other person authorized to give consent. The group of computer	1891
programs referred to in this division includes, but is not limited	1892
to, those computer programs that use a computer network to access	1893
a computer, computer system, or another computer network to	1894
determine any of the following: the presence or types of computers	1895
or computer systems on a network; the computer network's	1896
facilities and capabilities; the availability of computer or	1897
network services; the presence or versions of computer software	1898
including, but not limited to, operating systems, computer	1899
services, or computer contaminants; the presence of a known	1900
computer software deficiency that can be used to gain unauthorized	1901
access to a computer, computer system, or computer network; or any	1902
other information about a computer, computer system, or computer	1903
network not necessary for the normal and lawful operation of the	1904
computer initiating the access.	1905

(ii) The group of computer programs referred to in division	1906
(II)(1)(c)(i) of this section does not include standard computer	1907
software used for the normal operation, administration,	1908
management, and test of a computer, computer system, or computer	1909
network including, but not limited to, domain name services, mail	1910
transfer services, and other operating system services, computer	1911
programs commonly called "ping," "tcpdump," and "traceroute" and	1912
other network monitoring and management computer software, and	1913
computer programs commonly known as "nslookup" and "whois" and	1914
other systems administration computer software.	1915

(d) The intentional use of a computer, computer system, or a	1916
computer network in a manner that exceeds any right or permission	1917
granted by the owner of the computer, computer system, or computer	1918
network or other person authorized to give consent.	1919

(2) "Computer hacking" does not include the introduction of a	1920
computer contaminant, as defined in section ~~2909.02~~2909.01 of the	1921
Revised Code, into a computer, computer system, computer program,	1922
or computer network.	1923

(JJ) "Police dog or horse" has the same meaning as in section	1924
2921.321 of the Revised Code.	1925

(KK) "Anhydrous ammonia" is a compound formed by the	1926
combination of two gaseous elements, nitrogen and hydrogen, in the	1927
manner described in this division. Anhydrous ammonia is one part	1928
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	1929
weight is fourteen parts nitrogen to three parts hydrogen, which	1930
is approximately eighty-two per cent nitrogen to eighteen per cent	1931
hydrogen.	1932

(LL) "Assistance dog" has the same meaning as in section	1933
955.011 of the Revised Code.	1934

(MM) "Federally licensed firearms dealer" has the same	1935
meaning as in section 5502.63 of the Revised Code.	1936

Sec. 2913.02. (A) No person, with purpose to deprive the	1937
owner of property or services, shall knowingly obtain or exert	1938
control over either the property or services in any of the	1939
following ways:	1940

(1) Without the consent of the owner or person authorized to	1941
give consent;	1942

(2) Beyond the scope of the express or implied consent of the	1943
owner or person authorized to give consent;	1944

(3) By deception;

1945

(4) By threat;

1946

(5) By intimidation.

1947

(B)(1) Whoever violates this section is guilty of theft.

1948

(2) Except as otherwise provided in this division or division	1949
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	1950
this section is petty theft, a misdemeanor of the first degree. If	1951
the value of the property or services stolen is ~~five hundred~~one	1952
thousand dollars or more and is less than ~~five~~seven thousand five	1953
hundred dollars or if the property stolen is any of the property	1954
listed in section 2913.71 of the Revised Code, a violation of this	1955
section is theft, a felony of the fifth degree. If the value of	1956
the property or services stolen is ~~five~~seven thousand five	1957
hundred dollars or more and is less than one hundred fifty	1958
thousand dollars, a violation of this section is grand theft, a	1959
felony of the fourth degree. If the value of the property or	1960
services stolen is one hundred fifty thousand dollars or more and	1961
is less than ~~five~~seven hundred fifty thousand dollars, a	1962
violation of this section is aggravated theft, a felony of the	1963
third degree. If the value of the property or services is ~~five~~	1964
seven hundred fifty thousand dollars or more and is less than one	1965
million five hundred thousand dollars, a violation of this section	1966
is aggravated theft, a felony of the second degree. If the value	1967
of the property or services stolen is one million five hundred	1968
thousand dollars or more, a violation of this section is	1969
aggravated theft of one million five hundred thousand dollars or	1970
more, a felony of the first degree.	1971

(3) Except as otherwise provided in division (B)(4), (5),	1972
(6), (7), or (8) of this section, if the victim of the offense is	1973
an elderly person or disabled adult, a violation of this section	1974
is theft from an elderly person or disabled adult, and division	1975
(B)(3) of this section applies. Except as otherwise provided in	1976
this division, theft from an elderly person or disabled adult is a	1977
felony of the fifth degree. If the value of the property or	1978
services stolen is ~~five hundred~~one thousand dollars or more and	1979
is less than ~~five~~seven thousand five hundred dollars, theft from	1980
an elderly person or disabled adult is a felony of the fourth	1981
degree. If the value of the property or services stolen is ~~five~~	1982
seven thousand five hundred dollars or more and is less than	1983
~~twenty-five~~thirty-seven thousand five hundred dollars, theft from	1984
an elderly person or disabled adult is a felony of the third	1985
degree. If the value of the property or services stolen is	1986
~~twenty-five~~thirty-seven thousand five hundred dollars or more and	1987
is less than one hundred fifty thousand dollars, theft from an	1988
elderly person or disabled adult is a felony of the second degree.	1989
If the value of the property or services stolen is one hundred	1990
fifty thousand dollars or more, theft from an elderly person or	1991
disabled adult is a felony of the first degree.	1992

(4) If the property stolen is a firearm or dangerous	1993
ordnance, a violation of this section is grand theft. Except as	1994
otherwise provided in this division, grand theft when the property	1995
stolen is a firearm or dangerous ordnance is a felony of the third	1996
degree, and there is a presumption in favor of the court imposing	1997
a prison term for the offense. If the firearm or dangerous	1998
ordnance was stolen from a federally licensed firearms dealer,	1999
grand theft when the property stolen is a firearm or dangerous	2000
ordnance is a felony of the first degree. The offender shall serve	2001
a prison term imposed for grand theft when the property stolen is	2002
a firearm or dangerous ordnance consecutively to any other prison	2003
term or mandatory prison term previously or subsequently imposed	2004
upon the offender.	2005

(5) If the property stolen is a motor vehicle, a violation of	2006
this section is grand theft of a motor vehicle, a felony of the	2007
fourth degree.	2008

(6) If the property stolen is any dangerous drug, a violation	2009
of this section is theft of drugs, a felony of the fourth degree,	2010
or, if the offender previously has been convicted of a felony drug	2011
abuse offense, a felony of the third degree.	2012

(7) If the property stolen is a police dog or horse or an	2013
assistance dog and the offender knows or should know that the	2014
property stolen is a police dog or horse or an assistance dog, a	2015
violation of this section is theft of a police dog or horse or an	2016
assistance dog, a felony of the third degree.	2017

(8) If the property stolen is anhydrous ammonia, a violation	2018
of this section is theft of anhydrous ammonia, a felony of the	2019
third degree.	2020

(9) In addition to the penalties described in division (B)(2)	2021
of this section, if the offender committed the violation by	2022
causing a motor vehicle to leave the premises of an establishment	2023
at which gasoline is offered for retail sale without the offender	2024
making full payment for gasoline that was dispensed into the fuel	2025
tank of the motor vehicle or into another container, the court may	2026
do one of the following:	2027

(a) Unless division (B)(9)(b) of this section applies,	2028
suspend for not more than six months the offender's driver's	2029
license, probationary driver's license, commercial driver's	2030
license, temporary instruction permit, or nonresident operating	2031
privilege;	2032

(b) If the offender's driver's license, probationary driver's	2033
license, commercial driver's license, temporary instruction	2034
permit, or nonresident operating privilege has previously been	2035
suspended pursuant to division (B)(9)(a) of this section, impose a	2036
class seven suspension of the offender's license, permit, or	2037
privilege from the range specified in division (A)(7) of section	2038
4510.02 of the Revised Code, provided that the suspension shall be	2039
for at least six months.	2040

(10) In addition to the penalties described in division	2041
(B)(2) of this section, if the offender committed the violation by	2042
stealing rented property or rental services, the court may order	2043
that the offender make restitution pursuant to section 2929.18 or	2044
2929.28 of the Revised Code. Restitution may include, but is not	2045
limited to, the cost of repairing or replacing the stolen	2046
property, or the cost of repairing the stolen property and any	2047
loss of revenue resulting from deprivation of the property due to	2048
theft of rental services that is less than or equal to the actual	2049
value of the property at the time it was rented. Evidence of	2050
intent to commit theft of rented property or rental services shall	2051
be determined pursuant to the provisions of section 2913.72 of the	2052
Revised Code.	2053

(C) The sentencing court that suspends an offender's license,	2054
permit, or nonresident operating privilege under division (B)(9)	2055
of this section may grant the offender limited driving privileges	2056
during the period of the suspension in accordance with Chapter	2057
4510. of the Revised Code.	2058

Sec. 2913.03. (A) No person shall knowingly use or operate	2059
an aircraft, motor vehicle, motorcycle, motorboat, or other	2060
motor-propelled vehicle without the consent of the owner or person	2061
authorized to give consent.	2062

(B) No person shall knowingly use or operate an aircraft,	2063
motor vehicle, motorboat, or other motor-propelled vehicle without	2064
the consent of the owner or person authorized to give consent, and	2065
either remove it from this state or keep possession of it for more	2066
than forty-eight hours.	2067

(C) The following are affirmative defenses to a charge under	2068
this section:	2069

(1) At the time of the alleged offense, the actor, though	2070
mistaken, reasonably believed that the actor was authorized to use	2071
or operate the property.	2072

(2) At the time of the alleged offense, the actor reasonably	2073
believed that the owner or person empowered to give consent would	2074
authorize the actor to use or operate the property.	2075

(D)(1) Whoever violates this section is guilty of	2076
unauthorized use of a vehicle.	2077

(2) Except as otherwise provided in division (D)(4) of this	2078
section, a violation of division (A) of this section is a	2079
misdemeanor of the first degree.	2080

(3) Except as otherwise provided in division (D)(4) of this	2081
section, a violation of division (B) of this section is a felony	2082
of the fifth degree.	2083

(4) If the victim of the offense is an elderly person or	2084
disabled adult and if the victim incurs a loss as a result of the	2085
violation, a violation of division (A) or (B) of this section is	2086
whichever of the following is applicable:	2087

(a) Except as otherwise provided in division (D)(4)(b), (c),	2088
or (d)~~, or (e)~~ of this section, a felony of the fifth degree;	2089

(b) If the loss to the victim is ~~five hundred~~one thousand	2090
dollars or more and is less than ~~five~~seven thousand five hundred	2091
dollars, a felony of the fourth degree;	2092

(c) If the loss to the victim is ~~five~~seven thousand five	2093
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	2094
thousand five hundred dollars, a felony of the third degree;	2095

(d) If the loss to the victim is ~~twenty-five~~thirty-seven	2096
thousand five hundred dollars or more, a felony of the second	2097
degree.	2098

Sec. 2913.04. (A) No person shall knowingly use or operate	2099
the property of another without the consent of the owner or person	2100
authorized to give consent.	2101

(B) No person, in any manner and by any means, including, but	2102
not limited to, computer hacking, shall knowingly gain access to,	2103
attempt to gain access to, or cause access to be gained to any	2104
computer, computer system, computer network, cable service, cable	2105
system, telecommunications device, telecommunications service, or	2106
information service without the consent of, or beyond the scope of	2107
the express or implied consent of, the owner of the computer,	2108
computer system, computer network, cable service, cable system,	2109
telecommunications device, telecommunications service, or	2110
information service or other person authorized to give consent.	2111

(C) No person shall knowingly gain access to, attempt to gain	2112
access to, cause access to be granted to, or disseminate	2113
information gained from access to the law enforcement automated	2114
database system created pursuant to section 5503.10 of the Revised	2115
Code without the consent of, or beyond the scope of the express or	2116
implied consent of, the chair of the law enforcement automated	2117
data system steering committee.	2118

(D) No person shall knowingly gain access to, attempt to gain	2119
access to, cause access to be granted to, or disseminate	2120
information gained from access to the Ohio law enforcement gateway	2121
established and operated pursuant to division (C)(1) of section	2122
109.57 of the Revised Code without the consent of, or beyond the	2123
scope of the express or implied consent of, the superintendent of	2124
the bureau of criminal identification and investigation.	2125

(E) The affirmative defenses contained in division (C) of	2126
section 2913.03 of the Revised Code are affirmative defenses to a	2127
charge under this section.	2128

(F)(1) Whoever violates division (A) of this section is	2129
guilty of unauthorized use of property.	2130

(2) Except as otherwise provided in division (F)(3) or (4) of	2131
this section, unauthorized use of property is a misdemeanor of the	2132
fourth degree.	2133

(3) Except as otherwise provided in division (F)(4) of this	2134
section, if unauthorized use of property is committed for the	2135
purpose of devising or executing a scheme to defraud or to obtain	2136
property or services, unauthorized use of property is whichever of	2137
the following is applicable:	2138

(a) Except as otherwise provided in division (F)(3)(b), (c),	2139
or (d) of this section, a misdemeanor of the first degree.	2140

(b) If the value of the property or services or the loss to	2141
the victim is ~~five hundred~~one thousand dollars or more and is	2142
less than ~~five~~seven thousand five hundred dollars, a felony of	2143
the fifth degree.	2144

(c) If the value of the property or services or the loss to	2145
the victim is ~~five~~seven thousand five hundred dollars or more and	2146
is less than one hundred fifty thousand dollars, a felony of the	2147
fourth degree.	2148

(d) If the value of the property or services or the loss to	2149
the victim is one hundred fifty thousand dollars or more, a felony	2150
of the third degree.	2151

(4) If the victim of the offense is an elderly person or	2152
disabled adult, unauthorized use of property is whichever of the	2153
following is applicable:	2154

(a) Except as otherwise provided in division (F)(4)(b), (c),	2155
or (d) of this section, a felony of the fifth degree;	2156

(b) If the value of the property or services or loss to the	2157
victim is ~~five hundred~~one thousand dollars or more and is less	2158
than ~~five~~seven thousand five hundred dollars, a felony of the	2159
fourth degree;	2160

(c) If the value of the property or services or loss to the	2161
victim is ~~five~~seven thousand five hundred dollars or more and is	2162
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	2163
a felony of the third degree;	2164

(d) If the value of the property or services or loss to the	2165
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	2166
or more, a felony of the second degree.	2167

(G)(1) Whoever violates division (B) of this section is	2168
guilty of unauthorized use of computer, cable, or	2169
telecommunication property, and shall be punished as provided in	2170
division (G)(2), (3), or (4) of this section.	2171

(2) Except as otherwise provided in division (G)(3) or (4) of	2172
this section, unauthorized use of computer, cable, or	2173
telecommunication property is a felony of the fifth degree.	2174

(3) Except as otherwise provided in division (G)(4) of this	2175
section, if unauthorized use of computer, cable, or	2176
telecommunication property is committed for the purpose of	2177
devising or executing a scheme to defraud or to obtain property or	2178
services, for obtaining money, property, or services by false or	2179
fraudulent pretenses, or for committing any other criminal	2180
offense, unauthorized use of computer, cable, or telecommunication	2181
property is whichever of the following is applicable:	2182

(a) Except as otherwise provided in division (G)(3)(b) of	2183
this section, if the value of the property or services involved or	2184
the loss to the victim is ~~five~~seven thousand five hundred dollars	2185
or more and less than one hundred fifty thousand dollars, a felony	2186
of the fourth degree;	2187

(b) If the value of the property or services involved or the	2188
loss to the victim is one hundred fifty thousand dollars or more,	2189
a felony of the third degree.	2190

(4) If the victim of the offense is an elderly person or	2191
disabled adult, unauthorized use of computer, cable, or	2192
telecommunication property is whichever of the following is	2193
applicable:	2194

(a) Except as otherwise provided in division (G)(4)(b), (c),	2195
or (d) of this section, a felony of the fifth degree;	2196

(b) If the value of the property or services or loss to the	2197
victim is ~~five hundred~~one thousand dollars or more and is less	2198
than ~~five~~seven thousand five hundred dollars, a felony of the	2199
fourth degree;	2200

(c) If the value of the property or services or loss to the	2201
victim is ~~five~~seven thousand five hundred dollars or more and is	2202
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	2203
a felony of the third degree;	2204

(d) If the value of the property or services or loss to the	2205
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	2206
or more, a felony of the second degree.	2207

(H) Whoever violates division (C) of this section is guilty	2208
of unauthorized use of the law enforcement automated database	2209
system, a felony of the fifth degree.	2210

(I) Whoever violates division (D) of this section is guilty	2211
of unauthorized use of the Ohio law enforcement gateway, a felony	2212
of the fifth degree.	2213

(J) As used in this section:

2214

(1) "Cable operator" means any person or group of persons	2215
that does either of the following:	2216

(a) Provides cable service over a cable system and directly	2217
or through one or more affiliates owns a significant interest in	2218
that cable system;	2219

(b) Otherwise controls or is responsible for, through any	2220
arrangement, the management and operation of a cable system.	2221

(2) "Cable service" means any of the following:

2222

(a) The one-way transmission to subscribers of video	2223
programming or of information that a cable operator makes	2224
available to all subscribers generally;	2225

(b) Subscriber interaction, if any, that is required for the	2226
selection or use of video programming or of information that a	2227
cable operator makes available to all subscribers generally, both	2228
as described in division (J)(2)(a) of this section;	2229

2230

(3) "Cable system" means any facility, consisting of a set of	2231
closed transmission paths and associated signal generation,	2232
reception, and control equipment that is designed to provide cable	2233
service that includes video programming and that is provided to	2234
multiple subscribers within a community. "Cable system" does not	2235
include any of the following:	2236

(a) Any facility that serves only to retransmit the	2237
television signals of one or more television broadcast stations;	2238

(b) Any facility that serves subscribers without using any	2239
public right-of-way;	2240

(c) Any facility of a common carrier that, under 47 U.S.C.A.	2241
522(7)(c), is excluded from the term "cable system" as defined in	2242
47 U.S.C.A. 522(7);	2243

(d) Any open video system that complies with 47 U.S.C.A. 573;

2244

(e) Any facility of any electric utility used solely for	2245
operating its electric utility system.	2246

Sec. 2913.11. (A) As used in this section:

2247

(1) "Check" includes any form of debit from a demand deposit	2248
account, including, but not limited to any of the following:	2249

(a) A check, bill of exchange, draft, order of withdrawal, or	2250
similar negotiable or non-negotiable instrument;	2251

(b) An electronic check, electronic transaction, debit card	2252
transaction, check card transaction, substitute check, web check,	2253
or any form of automated clearing house transaction.	2254

(2) "Issue a check" means causing any form of debit from a	2255
demand deposit account.	2256

(B) No person, with purpose to defraud, shall issue or	2257
transfer or cause to be issued or transferred a check or other	2258
negotiable instrument, knowing that it will be dishonored or	2259
knowing that a person has ordered or will order stop payment on	2260
the check or other negotiable instrument.	2261

(C) For purposes of this section, a person who issues or	2262
transfers a check or other negotiable instrument is presumed to	2263
know that it will be dishonored if either of the following occurs:	2264

(1) The drawer had no account with the drawee at the time of	2265
issue or the stated date, whichever is later;	2266

(2) The check or other negotiable instrument was properly	2267
refused payment for insufficient funds upon presentment within	2268
thirty days after issue or the stated date, whichever is later,	2269
and the liability of the drawer, indorser, or any party who may be	2270
liable thereon is not discharged by payment or satisfaction within	2271
ten days after receiving notice of dishonor.	2272

(D) For purposes of this section, a person who issues or	2273
transfers a check, bill of exchange, or other draft is presumed to	2274
have the purpose to defraud if the drawer fails to comply with	2275
section 1349.16 of the Revised Code by doing any of the following	2276
when opening a checking account intended for personal, family, or	2277
household purposes at a financial institution:	2278

(1) Falsely stating that the drawer has not been issued a	2279
valid driver's or commercial driver's license or identification	2280
card issued under section 4507.50 of the Revised Code;	2281

(2) Furnishing such license or card, or another	2282
identification document that contains false information;	2283

(3) Making a false statement with respect to the drawer's	2284
current address or any additional relevant information reasonably	2285
required by the financial institution.	2286

(E) In determining the value of the payment for purposes of	2287
division (F) of this section, the court may aggregate all checks	2288
and other negotiable instruments that the offender issued or	2289
transferred or caused to be issued or transferred in violation of	2290
division (A) of this section within a period of one hundred eighty	2291
consecutive days.	2292

(F) Whoever violates this section is guilty of passing bad	2293
checks. Except as otherwise provided in this division, passing bad	2294
checks is a misdemeanor of the first degree. If the check or	2295
checks or other negotiable instrument or instruments are issued or	2296
transferred to a single vendor or single other person for the	2297
payment of ~~five hundred~~one thousand dollars or more but less than	2298
~~five~~seven thousand five hundred dollars or if the check or checks	2299
or other negotiable instrument or instruments are issued or	2300
transferred to multiple vendors or persons for the payment of one	2301
thousand five hundred dollars or more but less than ~~five~~seven	2302
thousand five hundred dollars, passing bad checks is a felony of	2303
the fifth degree. If the check or checks or other negotiable	2304
instrument or instruments are for the payment of ~~five~~seven	2305
thousand five hundred dollars or more but less than one hundred	2306
fifty thousand dollars, passing bad checks is a felony of the	2307
fourth degree. If the check or checks or other negotiable	2308
instrument or instruments are for the payment of one hundred	2309
fifty thousand dollars or more, passing bad checks is a felony of	2310
the third degree.	2311

Sec. 2913.21. (A) No person shall do any of the following:

2312

(1) Practice deception for the purpose of procuring the	2313
issuance of a credit card, when a credit card is issued in actual	2314
reliance thereon;	2315

(2) Knowingly buy or sell a credit card from or to a person	2316
other than the issuer.	2317

(B) No person, with purpose to defraud, shall do any of the	2318
following:	2319

(1) Obtain control over a credit card as security for a debt;

2320

(2) Obtain property or services by the use of a credit card,	2321
in one or more transactions, knowing or having reasonable cause to	2322
believe that the card has expired or been revoked, or was	2323
obtained, is retained, or is being used in violation of law;	2324

(3) Furnish property or services upon presentation of a	2325
credit card, knowing that the card is being used in violation of	2326
law;	2327

(4) Represent or cause to be represented to the issuer of a	2328
credit card that property or services have been furnished, knowing	2329
that the representation is false.	2330

(C) No person, with purpose to violate this section, shall	2331
receive, possess, control, or dispose of a credit card.	2332

(D)(1) Whoever violates this section is guilty of misuse of	2333
credit cards.	2334

(2) Except as otherwise provided in division (D)(4) of this	2335
section, a violation of division (A), (B)(1), or (C) of this	2336
section is a misdemeanor of the first degree.	2337

(3) Except as otherwise provided in this division or division	2338
(D)(4) of this section, a violation of division (B)(2), (3), or	2339
(4) of this section is a misdemeanor of the first degree. If the	2340
cumulative retail value of the property and services involved in	2341
one or more violations of division (B)(2), (3), or (4) of this	2342
section, which violations involve one or more credit card accounts	2343
and occur within a period of ninety consecutive days commencing on	2344
the date of the first violation, is ~~five hundred~~one thousand	2345
dollars or more and is less than ~~five~~seven thousand five hundred	2346
dollars, misuse of credit cards in violation of any of those	2347
divisions is a felony of the fifth degree. If the cumulative	2348
retail value of the property and services involved in one or more	2349
violations of division (B)(2), (3), or (4) of this section, which	2350
violations involve one or more credit card accounts and occur	2351
within a period of ninety consecutive days commencing on the date	2352
of the first violation, is ~~five~~seven thousand five hundred	2353
dollars or more and is less than one hundred fifty thousand	2354
dollars, misuse of credit cards in violation of any of those	2355
divisions is a felony of the fourth degree. If the cumulative	2356
retail value of the property and services involved in one or more	2357
violations of division (B)(2), (3), or (4) of this section, which	2358
violations involve one or more credit card accounts and occur	2359
within a period of ninety consecutive days commencing on the date	2360
of the first violation, is one hundred fifty thousand dollars or	2361
more, misuse of credit cards in violation of any of those	2362
divisions is a felony of the third degree.	2363

(4) If the victim of the offense is an elderly person or	2364
disabled adult, and if the offense involves a violation of	2365
division (B)(1) or (2) of this section, division (D)(4) of this	2366
section applies. Except as otherwise provided in division (D)(4)	2367
of this section, a violation of division (B)(1) or (2) of this	2368
section is a felony of the fifth degree. If the debt for which the	2369
card is held as security or the cumulative retail value of the	2370
property or services involved in the violation is ~~five hundred~~	2371
one thousand dollars or more and is less than ~~five~~seven thousand	2372
five hundred dollars, a violation of either of those divisions is	2373
a felony of the fourth degree. If the debt for which the card is	2374
held as security or the cumulative retail value of the property or	2375
services involved in the violation is ~~five~~seven thousand five	2376
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	2377
thousand five hundred dollars, a violation of either of those	2378
divisions is a felony of the third degree. If the debt for which	2379
the card is held as security or the cumulative retail value of the	2380
property or services involved in the violation is ~~twenty-five~~	2381
thirty-seven thousand five hundred dollars or more, a violation of	2382
either of those divisions is a felony of the second degree.	2383

Sec. 2913.31. (A) No person, with purpose to defraud, or	2384
knowing that the person is facilitating a fraud, shall do any of	2385
the following:	2386

(1) Forge any writing of another without the other person's	2387
authority;	2388

(2) Forge any writing so that it purports to be genuine when	2389
it actually is spurious, or to be the act of another who did not	2390
authorize that act, or to have been executed at a time or place or	2391
with terms different from what in fact was the case, or to be a	2392
copy of an original when no such original existed;	2393

(3) Utter, or possess with purpose to utter, any writing that	2394
the person knows to have been forged.	2395

(B) No person shall knowingly do either of the following:

2396

(1) Forge an identification card;

2397

(2) Sell or otherwise distribute a card that purports to be	2398
an identification card, knowing it to have been forged.	2399

As used in this division, "identification card" means a card	2400
that includes personal information or characteristics of an	2401
individual, a purpose of which is to establish the identity of the	2402
bearer described on the card, whether the words "identity,"	2403
"identification," "identification card," or other similar words	2404
appear on the card.	2405

(C)(1)(a) Whoever violates division (A) of this section is	2406
guilty of forgery.	2407

(b) Except as otherwise provided in this division or division	2408
(C)(1)(c) of this section, forgery is a felony of the fifth	2409
degree. If property or services are involved in the offense or the	2410
victim suffers a loss, forgery is one of the following:	2411

(i) If the value of the property or services or the loss to	2412
the victim is ~~five~~seven thousand five hundred dollars or more and	2413
is less than one hundred fifty thousand dollars, a felony of the	2414
fourth degree;	2415

(ii) If the value of the property or services or the loss to	2416
the victim is one hundred fifty thousand dollars or more, a felony	2417
of the third degree.	2418

(c) If the victim of the offense is an elderly person or	2419
disabled adult, division (C)(1)(c) of this section applies to the	2420
forgery. Except as otherwise provided in division (C)(1)(c) of	2421
this section, forgery is a felony of the fifth degree. If property	2422
or services are involved in the offense or if the victim suffers a	2423
loss, forgery is one of the following:	2424

(i) If the value of the property or services or the loss to	2425
the victim is ~~five hundred~~one thousand dollars or more and is	2426
less than ~~five~~seven thousand five hundred dollars, a felony of	2427
the fourth degree;	2428

(ii) If the value of the property or services or the loss to	2429
the victim is ~~five~~seven thousand five hundred dollars or more and	2430
is less than ~~twenty-five~~thirty-seven thousand five hundred	2431
dollars, a felony of the third degree;	2432

(iii) If the value of the property or services or the loss to	2433
the victim is ~~twenty-five~~thirty-seven thousand five hundred	2434
dollars or more, a felony of the second degree.	2435

(2) Whoever violates division (B) of this section is guilty	2436
of forging identification cards or selling or distributing forged	2437
identification cards. Except as otherwise provided in this	2438
division, forging identification cards or selling or distributing	2439
forged identification cards is a misdemeanor of the first degree.	2440
If the offender previously has been convicted of a violation of	2441
division (B) of this section, forging identification cards or	2442
selling or distributing forged identification cards is a	2443
misdemeanor of the first degree and, in addition, the court shall	2444
impose upon the offender a fine of not less than two hundred fifty	2445
dollars.	2446

Sec. 2913.32. (A) No person, with purpose to defraud, or	2447
knowing that the person is facilitating a fraud, shall do any of	2448
the following:	2449

(1) Make or alter any object so that it appears to have value	2450
because of antiquity, rarity, curiosity, source, or authorship,	2451
which it does not in fact possess;	2452

(2) Practice deception in making, retouching, editing, or	2453
reproducing any photograph, movie film, video tape, phonograph	2454
record, or recording tape;	2455

(3) Falsely or fraudulently make, simulate, forge, alter, or	2456
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	2457
the liquor control commission under Chapters 4301. and 4303. of	2458
the Revised Code, falsely or fraudulently cause to be made,	2459
simulated, forged, altered, or counterfeited any wrapper, label,	2460
stamp, cork, or cap prescribed by the liquor control commission	2461
under Chapters 4301. and 4303. of the Revised Code, or use more	2462
than once any wrapper, label, stamp, cork, or cap prescribed by	2463
the liquor control commission under Chapters 4301. and 4303. of	2464
the Revised Code.	2465

(4) Utter, or possess with purpose to utter, any object that	2466
the person knows to have been simulated as provided in division	2467
(A)(1), (2), or (3) of this section.	2468

(B) Whoever violates this section is guilty of criminal	2469
simulation. Except as otherwise provided in this division,	2470
criminal simulation is a misdemeanor of the first degree. If the	2471
loss to the victim is ~~five hundred~~one thousand dollars or more	2472
and is less than ~~five~~seven thousand five hundred dollars,	2473
criminal simulation is a felony of the fifth degree. If the loss	2474
to the victim is ~~five~~seven thousand five hundred dollars or more	2475
and is less than one hundred fifty thousand dollars, criminal	2476
simulation is a felony of the fourth degree. If the loss to the	2477
victim is one hundred fifty thousand dollars or more, criminal	2478
simulation is a felony of the third degree.	2479

Sec. 2913.34. (A) No person shall knowingly do any of the	2480
following:	2481

(1) Attach, affix, or otherwise use a counterfeit mark in	2482
connection with the manufacture of goods or services, whether or	2483
not the goods or services are intended for sale or resale;	2484

(2) Possess, sell, or offer for sale tools, machines,	2485
instruments, materials, articles, or other items of personal	2486
property with the knowledge that they are designed for the	2487
production or reproduction of counterfeit marks;	2488

(3) Purchase or otherwise acquire goods, and keep or	2489
otherwise have the goods in the person's possession, with the	2490
knowledge that a counterfeit mark is attached to, affixed to, or	2491
otherwise used in connection with the goods and with the intent to	2492
sell or otherwise dispose of the goods;	2493

(4) Sell, offer for sale, or otherwise dispose of goods with	2494
the knowledge that a counterfeit mark is attached to, affixed to,	2495
or otherwise used in connection with the goods;	2496

(5) Sell, offer for sale, or otherwise provide services with	2497
the knowledge that a counterfeit mark is used in connection with	2498
that sale, offer for sale, or other provision of the services.	2499

(B)(1) Whoever violates this section is guilty of trademark	2500
counterfeiting.	2501

(2) Except as otherwise provided in this division, a	2502
violation of division (A)(1) of this section is a felony of the	2503
fifth degree. Except as otherwise provided in this division, if	2504
the cumulative sales price of the goods or services to which or in	2505
connection with which the counterfeit mark is attached, affixed,	2506
or otherwise used in the offense is five thousand dollars or more	2507
but less than one hundred thousand dollars or if the number of	2508
units of goods to which or in connection with which the	2509
counterfeit mark is attached, affixed, or otherwise used in the	2510
offense is more than one hundred units but less than one thousand	2511
units, a violation of division (A)(1) of this section is a felony	2512
of the fourth degree. If the cumulative sales price of the goods	2513
or services to which or in connection with which the counterfeit	2514
mark is attached, affixed, or otherwise used in the offense is one	2515
hundred thousand dollars or more or if the number of units of	2516
goods to which or in connection with which the counterfeit mark is	2517
attached, affixed, or otherwise used in the offense is one	2518
thousand units or more, a violation of division (A)(1) of this	2519
section is a felony of the third degree.	2520

(3) Except as otherwise provided in this division, a	2521
violation of division (A)(2) of this section is a misdemeanor of	2522
the first degree. If the circumstances of the violation indicate	2523
that the tools, machines, instruments, materials, articles, or	2524
other items of personal property involved in the violation were	2525
intended for use in the commission of a felony, a violation of	2526
division (A)(2) of this section is a felony of the fifth degree.	2527

(4) Except as otherwise provided in this division, a	2528
violation of division (A)(3), (4), or (5) of this section is a	2529
misdemeanor of the first degree. Except as otherwise provided in	2530
this division, if the cumulative sales price of the goods or	2531
services to which or in connection with which the counterfeit mark	2532
is attached, affixed, or otherwise used in the offense is ~~five~~	2533
~~hundred~~one thousand dollars or more but less than ~~five~~seven	2534
thousand five hundred dollars, a violation of division (A)(3),	2535
(4), or (5) of this section is a felony of the fifth degree.	2536
Except as otherwise provided in this division, if the cumulative	2537
sales price of the goods or services to which or in connection	2538
with which the counterfeit mark is attached, affixed, or otherwise	2539
used in the offense is ~~five~~seven thousand five hundred dollars	2540
or more but less than one hundred fifty thousand dollars or if the	2541
number of units of goods to which or in connection with which the	2542
counterfeit mark is attached, affixed, or otherwise used in the	2543
offense is more than one hundred units but less than one thousand	2544
units, a violation of division (A)(3), (4), or (5) of this section	2545
is a felony of the fourth degree. If the cumulative sales price of	2546
the goods or services to which or in connection with which the	2547
counterfeit mark is attached, affixed, or otherwise used in the	2548
offense is one hundred fifty thousand dollars or more or if the	2549
number of units of goods to which or in connection with which the	2550
counterfeit mark is attached, affixed, or otherwise used in the	2551
offense is one thousand units or more, a violation of division	2552
(A)(3), (4), or (5) of this section is a felony of the third	2553
degree.	2554

(C) A defendant may assert as an affirmative defense to a	2555
charge of a violation of this section defenses, affirmative	2556
defenses, and limitations on remedies that would be available in a	2557
civil, criminal, or administrative action or proceeding under the	2558
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	2559
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	2560
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	2561
of the Revised Code, or common law.	2562

(D)(1) Law enforcement officers may seize pursuant to	2563
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	2564
either of the following:	2565

(a) Goods to which or in connection with which a person	2566
attached, affixed, otherwise used, or intended to attach, affix,	2567
or otherwise use a counterfeit mark in violation of this section;	2568

(b) Tools, machines, instruments, materials, articles,	2569
vehicles, or other items of personal property that are possessed,	2570
sold, offered for sale, or used in a violation of this section or	2571
in an attempt to commit or complicity in the commission of a	2572
violation of this section.	2573

(2) Notwithstanding any contrary provision of Chapter 2981.	2574
of the Revised Code, if a person is convicted of or pleads guilty	2575
to a violation of this section, an attempt to violate this	2576
section, or complicity in a violation of this section, the court	2577
involved shall declare that the goods described in division	2578
(D)(1)(a) of this section and the personal property described in	2579
division (D)(1)(b) of this section are contraband and are	2580
forfeited. Prior to the court's entry of judgment under Criminal	2581
Rule 32, the owner of a registered trademark or service mark that	2582
is the subject of the counterfeit mark may recommend a manner in	2583
which the forfeited goods and forfeited personal property should	2584
be disposed of. If that owner makes a timely recommendation of a	2585
manner of disposition, the court is not bound by the	2586
recommendation. If that owner makes a timely recommendation of a	2587
manner of disposition, the court may include in its entry of	2588
judgment an order that requires appropriate persons to dispose of	2589
the forfeited goods and forfeited personal property in the	2590
recommended manner. If that owner fails to make a timely	2591
recommendation of a manner of disposition or if that owner makes a	2592
timely recommendation of the manner of disposition but the court	2593
determines to not follow the recommendation, the court shall	2594
include in its entry of judgment an order that requires the law	2595
enforcement agency that employs the law enforcement officer who	2596
seized the forfeited goods or the forfeited personal property to	2597
destroy them or cause their destruction.	2598

(E) This section does not affect the rights of an owner of a	2599
trademark or a service mark, or the enforcement in a civil action	2600
or in administrative proceedings of the rights of an owner of a	2601
trademark or a service mark, under the "Lanham Act," 60 Stat.	2602
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	2603
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	2604
amended, Chapter 1329. or another section of the Revised Code, or	2605
common law.	2606

(F) As used in this section:

2607

(1)(a) Except as provided in division (F)(1)(b) of this	2608
section, "counterfeit mark" means a spurious trademark or a	2609
spurious service mark that satisfies both of the following:	2610

(i) It is identical with or substantially indistinguishable	2611
from a mark that is registered on the principal register in the	2612
United States patent and trademark office for the same goods or	2613
services as the goods or services to which or in connection with	2614
which the spurious trademark or spurious service mark is attached,	2615
affixed, or otherwise used or from a mark that is registered with	2616
the secretary of state pursuant to sections 1329.54 to 1329.67 of	2617
the Revised Code for the same goods or services as the goods or	2618
services to which or in connection with which the spurious	2619
trademark or spurious service mark is attached, affixed, or	2620
otherwise used, and the owner of the registration uses the	2621
registered mark, whether or not the offender knows that the mark	2622
is registered in a manner described in division (F)(1)(a)(i) of	2623
this section.	2624

(ii) Its use is likely to cause confusion or mistake or to	2625
deceive other persons.	2626

(b) "Counterfeit mark" does not include a mark or other	2627
designation that is attached to, affixed to, or otherwise used in	2628
connection with goods or services if the holder of the right to	2629
use the mark or other designation authorizes the manufacturer,	2630
producer, or vendor of those goods or services to attach, affix,	2631
or otherwise use the mark or other designation in connection with	2632
those goods or services at the time of their manufacture,	2633
production, or sale.	2634

(2) "Cumulative sales price" means the product of the lowest	2635
single unit sales price charged or sought to be charged by an	2636
offender for goods to which or in connection with which a	2637
counterfeit mark is attached, affixed, or otherwise used or of the	2638
lowest single service transaction price charged or sought to be	2639
charged by an offender for services in connection with which a	2640
counterfeit mark is used, multiplied by the total number of those	2641
goods or services, whether or not units of goods are sold or are	2642
in an offender's possession, custody, or control.	2643

(3) "Registered trademark or service mark" means a trademark	2644
or service mark that is registered in a manner described in	2645
division (F)(1) of this section.	2646

(4) "Trademark" and "service mark" have the same meanings as	2647
in section 1329.54 of the Revised Code.	2648

Sec. 2913.40. (A) As used in this section:

2649

(1) "Statement or representation" means any oral, written,	2650
electronic, electronic impulse, or magnetic communication that is	2651
used to identify an item of goods or a service for which	2652
reimbursement may be made under the medical assistance program or	2653
that states income and expense and is or may be used to determine	2654
a rate of reimbursement under the medical assistance program.	2655

(2) "Medical assistance program" means the program	2656
established by the department of job and family services to	2657
provide medical assistance under section 5111.01 of the Revised	2658
Code and the medicaid program of Title XIX of the "Social Security	2659
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	2660

(3) "Provider" means any person who has signed a provider	2661
agreement with the department of job and family services to	2662
provide goods or services pursuant to the medical assistance	2663
program or any person who has signed an agreement with a party to	2664
such a provider agreement under which the person agrees to provide	2665
goods or services that are reimbursable under the medical	2666
assistance program.	2667

(4) "Provider agreement" means an oral or written agreement	2668
between the department of job and family services and a person in	2669
which the person agrees to provide goods or services under the	2670
medical assistance program.	2671

(5) "Recipient" means any individual who receives goods or	2672
services from a provider under the medical assistance program.	2673

(6) "Records" means any medical, professional, financial, or	2674
business records relating to the treatment or care of any	2675
recipient, to goods or services provided to any recipient, or to	2676
rates paid for goods or services provided to any recipient and any	2677
records that are required by the rules of the director of job and	2678
family services to be kept for the medical assistance program.	2679

(B) No person shall knowingly make or cause to be made a	2680
false or misleading statement or representation for use in	2681
obtaining reimbursement from the medical assistance program.	2682

(C) No person, with purpose to commit fraud or knowing that	2683
the person is facilitating a fraud, shall do either of the	2684
following:	2685

(1) Contrary to the terms of the person's provider agreement,	2686
charge, solicit, accept, or receive for goods or services that the	2687
person provides under the medical assistance program any property,	2688
money, or other consideration in addition to the amount of	2689
reimbursement under the medical assistance program and the	2690
person's provider agreement for the goods or services and any	2691
cost-sharing expenses authorized by section 5111.0112 of the	2692
Revised Code or rules adopted pursuant to section 5111.01,	2693
5111.011, or 5111.02 of the Revised Code.	2694

(2) Solicit, offer, or receive any remuneration, other than	2695
any cost-sharing expenses authorized by section 5111.0112 of the	2696
Revised Code or rules adopted under section 5111.01, 5111.011, or	2697
5111.02 of the Revised Code, in cash or in kind, including, but	2698
not limited to, a kickback or rebate, in connection with the	2699
furnishing of goods or services for which whole or partial	2700
reimbursement is or may be made under the medical assistance	2701
program.	2702

(D) No person, having submitted a claim for or provided goods	2703
or services under the medical assistance program, shall do either	2704
of the following for a period of at least six years after a	2705
reimbursement pursuant to that claim, or a reimbursement for those	2706
goods or services, is received under the medical assistance	2707
program:	2708

(1) Knowingly alter, falsify, destroy, conceal, or remove any	2709
records that are necessary to fully disclose the nature of all	2710
goods or services for which the claim was submitted, or for which	2711
reimbursement was received, by the person;	2712

(2) Knowingly alter, falsify, destroy, conceal, or remove any	2713
records that are necessary to disclose fully all income and	2714
expenditures upon which rates of reimbursements were based for the	2715
person.	2716

(E) Whoever violates this section is guilty of medicaid	2717
fraud. Except as otherwise provided in this division, medicaid	2718
fraud is a misdemeanor of the first degree. If the value of	2719
property, services, or funds obtained in violation of this section	2720
is ~~five hundred~~one thousand dollars or more and is less than ~~five~~	2721
seven thousand five hundred dollars, medicaid fraud is a felony of	2722
the fifth degree. If the value of property, services, or funds	2723
obtained in violation of this section is ~~five~~seven thousand five	2724
hundred dollars or more and is less than one hundred fifty	2725
thousand dollars, medicaid fraud is a felony of the fourth degree.	2726
If the value of the property, services, or funds obtained in	2727
violation of this section is one hundred fifty thousand dollars or	2728
more, medicaid fraud is a felony of the third degree.	2729

(F) Upon application of the governmental agency, office, or	2730
other entity that conducted the investigation and prosecution in a	2731
case under this section, the court shall order any person who is	2732
convicted of a violation of this section for receiving any	2733
reimbursement for furnishing goods or services under the medical	2734
assistance program to which the person is not entitled to pay to	2735
the applicant its cost of investigating and prosecuting the case.	2736
The costs of investigation and prosecution that a defendant is	2737
ordered to pay pursuant to this division shall be in addition to	2738
any other penalties for the receipt of that reimbursement that are	2739
provided in this section, section 5111.03 of the Revised Code, or	2740
any other provision of law.	2741

(G) The provisions of this section are not intended to be	2742
exclusive remedies and do not preclude the use of any other	2743
criminal or civil remedy for any act that is in violation of this	2744
section.	2745

Sec. 2913.401. (A) As used in this section:

2746

(1) "Medicaid benefits" means benefits under the medical	2747
assistance program established under Chapter 5111. of the Revised	2748
Code.	2749

(2) "Property" means any real or personal property or other	2750
asset in which a person has any legal title or interest.	2751

(B) No person shall knowingly do any of the following in an	2752
application for medicaid benefits or in a document that requires a	2753
disclosure of assets for the purpose of determining eligibility to	2754
receive medicaid benefits:	2755

(1) Make or cause to be made a false or misleading statement;

2756

(2) Conceal an interest in property;

2757

(3)(a) Except as provided in division (B)(3)(b) of this	2758
section, fail to disclose a transfer of property that occurred	2759
during the period beginning thirty-six months before submission of	2760
the application or document and ending on the date the application	2761
or document was submitted;	2762

(b) Fail to disclose a transfer of property that occurred	2763
during the period beginning sixty months before submission of the	2764
application or document and ending on the date the application or	2765
document was submitted and that was made to an irrevocable trust a	2766
portion of which is not distributable to the applicant for	2767
medicaid benefits or the recipient of medicaid benefits or to a	2768
revocable trust.	2769

(C)(1) Whoever violates this section is guilty of medicaid	2770
eligibility fraud. Except as otherwise provided in this division,	2771
a violation of this section is a misdemeanor of the first degree.	2772
If the value of the medicaid benefits paid as a result of the	2773
violation is ~~five hundred~~one thousand dollars or more and is less	2774
than ~~five~~seven thousand five hundred dollars, a violation of	2775
this section is a felony of the fifth degree. If the value of the	2776
medicaid benefits paid as a result of the violation is ~~five~~seven	2777
thousand five hundred dollars or more and is less than one hundred	2778
fifty thousand dollars, a violation of this section is a felony of	2779
the fourth degree. If the value of the medicaid benefits paid as a	2780
result of the violation is one hundred fifty thousand dollars or	2781
more, a violation of this section is a felony of the third degree.	2782

(2) In addition to imposing a sentence under division (C)(1)	2783
of this section, the court shall order that a person who is guilty	2784
of medicaid eligibility fraud make restitution in the full amount	2785
of any medicaid benefits paid on behalf of an applicant for or	2786
recipient of medicaid benefits for which the applicant or	2787
recipient was not eligible, plus interest at the rate applicable	2788
to judgments on unreimbursed amounts from the date on which the	2789
benefits were paid to the date on which restitution is made.	2790

(3) The remedies and penalties provided in this section are	2791
not exclusive and do not preclude the use of any other criminal or	2792
civil remedy for any act that is in violation of this section.	2793

(D) This section does not apply to a person who fully	2794
disclosed in an application for medicaid benefits or in a document	2795
that requires a disclosure of assets for the purpose of	2796
determining eligibility to receive medicaid benefits all of the	2797
interests in property of the applicant for or recipient of	2798
medicaid benefits, all transfers of property by the applicant for	2799
or recipient of medicaid benefits, and the circumstances of all	2800
those transfers.	2801

(E) Any amounts of medicaid benefits recovered as restitution	2802
under this section and any interest on those amounts shall be	2803
credited to the general revenue fund, and any applicable federal	2804
share shall be returned to the appropriate agency or department of	2805
the United States.	2806

Sec. 2913.42. (A) No person, knowing the person has no	2807
privilege to do so, and with purpose to defraud or knowing that	2808
the person is facilitating a fraud, shall do any of the following:	2809

(1) Falsify, destroy, remove, conceal, alter, deface, or	2810
mutilate any writing, computer software, data, or record;	2811

(2) Utter any writing or record, knowing it to have been	2812
tampered with as provided in division (A)(1) of this section.	2813

(B)(1) Whoever violates this section is guilty of tampering	2814
with records.	2815

(2) Except as provided in division (B)(4) of this section, if	2816
the offense does not involve data or computer software, tampering	2817
with records is whichever of the following is applicable:	2818

(a) If division (B)(2)(b) of this section does not apply, a	2819
misdemeanor of the first degree;	2820

(b) If the writing or record is a will unrevoked at the time	2821
of the offense, a felony of the fifth degree.	2822

(3) Except as provided in division (B)(4) of this section, if	2823
the offense involves a violation of division (A) of this section	2824
involving data or computer software, tampering with records is	2825
whichever of the following is applicable:	2826

(a) Except as otherwise provided in division (B)(3)(b), (c),	2827
or (d) of this section, a misdemeanor of the first degree;	2828

(b) If the value of the data or computer software involved in	2829
the offense or the loss to the victim is ~~five hundred~~one thousand	2830
dollars or more and is less than ~~five~~seven thousand five hundred	2831
dollars, a felony of the fifth degree;	2832

(c) If the value of the data or computer software involved in	2833
the offense or the loss to the victim is ~~five~~seven thousand five	2834
hundred dollars or more and is less than one hundred fifty	2835
thousand dollars, a felony of the fourth degree;	2836

(d) If the value of the data or computer software involved in	2837
the offense or the loss to the victim is one hundred fifty	2838
thousand dollars or more or if the offense is committed for the	2839
purpose of devising or executing a scheme to defraud or to obtain	2840
property or services and the value of the property or services or	2841
the loss to the victim is ~~five~~seven thousand five hundred dollars	2842
or more, a felony of the third degree.	2843

(4) If the writing, data, computer software, or record is	2844
kept by or belongs to a local, state, or federal governmental	2845
entity, a felony of the third degree.	2846

Sec. 2913.421. (A) As used in this section:

2847

(1) "Computer," "computer network," and "computer system"	2848
have the same meanings as in section 2913.01 of the Revised Code.	2849

(2) "Commercial electronic mail message" means any electronic	2850
mail message the primary purpose of which is the commercial	2851
advertisement or promotion of a commercial product or service,	2852
including content on an internet web site operated for a	2853
commercial purpose, but does not include a transactional or	2854
relationship message. The inclusion of a reference to a commercial	2855
entity or a link to the web site of a commercial entity does not,	2856
by itself, cause that message to be treated as a commercial	2857
electronic mail message for the purpose of this section, if the	2858
contents or circumstances of the message indicate a primary	2859
purpose other than commercial advertisement or promotion of a	2860
commercial product or service.	2861

(3) "Domain name" means any alphanumeric designation that is	2862
registered with or assigned by any domain name registrar, domain	2863
name registry, or other domain name registration authority as part	2864
of an electronic address on the internet.	2865

(4) "Electronic mail," "originating address," and "receiving	2866
address" have the same meanings as in section 2307.64 of the	2867
Revised Code.	2868

(5) "Electronic mail message" means each electronic mail	2869
addressed to a discrete addressee.	2870

(6) "Electronic mail service provider" means any person,	2871
including an internet service provider, that is an intermediary in	2872
sending and receiving electronic mail and that provides to the	2873
public electronic mail accounts or online user accounts from which	2874
electronic mail may be sent.	2875

(7) "Header information" means the source, destination, and	2876
routing information attached to an electronic mail message,	2877
including the originating domain name, the originating address,	2878
and technical information that authenticates the sender of an	2879
electronic mail message for computer network security or computer	2880
network management purposes.	2881

(8) "Initiate the transmission" or "initiated" means to	2882
originate or transmit a commercial electronic mail message or to	2883
procure the origination or transmission of that message,	2884
regardless of whether the message reaches its intended recipients,	2885
but does not include actions that constitute routine conveyance of	2886
such message.	2887

(9) "Internet" has the same meaning as in section 341.42 of	2888
the Revised Code.	2889

(10) "Internet protocol address" means the string of numbers	2890
by which locations on the internet are identified by routers or	2891
other computers connected to the internet.	2892

(11) "Materially falsify" means to alter or conceal in a	2893
manner that would impair the ability of a recipient of an	2894
electronic mail message, an electronic mail service provider	2895
processing an electronic mail message on behalf of a recipient, a	2896
person alleging a violation of this section, or a law enforcement	2897
agency to identify, locate, or respond to the person that	2898
initiated the electronic mail message or to investigate an alleged	2899
violation of this section.	2900

(12) "Multiple" means more than ten commercial electronic	2901
mail messages during a twenty-four-hour period, more than one	2902
hundred commercial electronic mail messages during a thirty-day	2903
period, or more than one thousand commercial electronic mail	2904
messages during a one-year period.	2905

(13) "Recipient" means a person who receives a commercial	2906
electronic mail message at any one of the following receiving	2907
addresses:	2908

(a) A receiving address furnished by an electronic mail	2909
service provider that bills for furnishing and maintaining that	2910
receiving address to a mailing address within this state;	2911

(b) A receiving address ordinarily accessed from a computer	2912
located within this state or by a person domiciled within this	2913
state;	2914

(c) Any other receiving address with respect to which this	2915
section can be imposed consistent with the United States	2916
Constitution.	2917

(14) "Routine conveyance" means the transmission, routing,	2918
relaying, handling, or storing, through an automated technical	2919
process, of an electronic mail message for which another person	2920
has identified the recipients or provided the recipient addresses.	2921

(15) "Transactional or relationship message" means an	2922
electronic mail message the primary purpose of which is to do any	2923
of the following:	2924

(a) Facilitate, complete, or confirm a commercial transaction	2925
that the recipient has previously agreed to enter into with the	2926
sender;	2927

(b) Provide warranty information, product recall information,	2928
or safety or security information with respect to a commercial	2929
product or service used or purchased by the recipient;	2930

(c) Provide notification concerning a change in the terms or	2931
features of; a change in the recipient's standing or status with	2932
respect to; or, at regular periodic intervals, account balance	2933
information or other type of account statement with respect to, a	2934
subscription, membership, account, loan, or comparable ongoing	2935
commercial relationship involving the ongoing purchase or use by	2936
the recipient of products or services offered by the sender;	2937

(d) Provide information directly related to an employment	2938
relationship or related benefit plan in which the recipient is	2939
currently involved, participating, or enrolled;	2940

(e) Deliver goods or services, including product updates or	2941
upgrades, that the recipient is entitled to receive under the	2942
terms of a transaction that the recipient has previously agreed to	2943
enter into with the sender.	2944

(B) No person, with regard to commercial electronic mail	2945
messages sent from or to a computer in this state, shall do any of	2946
the following:	2947

(1) Knowingly use a computer to relay or retransmit multiple	2948
commercial electronic mail messages, with the intent to deceive or	2949
mislead recipients or any electronic mail service provider, as to	2950
the origin of those messages;	2951

(2) Knowingly and materially falsify header information in	2952
multiple commercial electronic mail messages and purposely	2953
initiate the transmission of those messages;	2954

(3) Knowingly register, using information that materially	2955
falsifies the identity of the actual registrant, for five or more	2956
electronic mail accounts or online user accounts or two or more	2957
domain names and purposely initiate the transmission of multiple	2958
commercial electronic mail messages from one, or any combination,	2959
of those accounts or domain names;	2960

(4) Knowingly falsely represent the right to use five or more	2961
internet protocol addresses, and purposely initiate the	2962
transmission of multiple commercial electronic mail messages from	2963
those addresses.	2964

(C)(1) Whoever violates division (B) of this section is	2965
guilty of illegally transmitting multiple commercial electronic	2966
mail messages. Except as otherwise provided in division (C)(2) or	2967
(E) of this section, illegally transmitting multiple commercial	2968
electronic mail messages is a felony of the fifth degree.	2969

(2) Illegally transmitting multiple commercial electronic	2970
mail messages is a felony of the fourth degree if any of the	2971
following apply:	2972

(a) Regarding a violation of division (B)(3) of this section,	2973
the offender, using information that materially falsifies the	2974
identity of the actual registrant, knowingly registers for twenty	2975
or more electronic mail accounts or online user accounts or ten or	2976
more domain names, and purposely initiates, or conspires to	2977
initiate, the transmission of multiple commercial electronic mail	2978
messages from the accounts or domain names.	2979

(b) Regarding any violation of division (B) of this section,	2980
the volume of commercial electronic mail messages the offender	2981
transmitted in committing the violation exceeds two hundred and	2982
fifty during any twenty-four-hour period, two thousand five	2983
hundred during any thirty-day period, or twenty-five thousand	2984
during any one-year period.	2985

(c) Regarding any violation of division (B) of this section,	2986
during any one-year period the aggregate loss to the victim or	2987
victims of the violation is ~~five hundred~~one thousand dollars or	2988
more, or during any one-year period the aggregate value of the	2989
property or services obtained by any offender as a result of the	2990
violation is ~~five hundred~~one thousand dollars or more.	2991

(d) Regarding any violation of division (B) of this section,	2992
the offender committed the violation with three or more other	2993
persons with respect to whom the offender was the organizer or	2994
leader of the activity that resulted in the violation.	2995

(e) Regarding any violation of division (B) of this section,	2996
the offender knowingly assisted in the violation through the	2997
provision or selection of electronic mail addresses to which the	2998
commercial electronic mail message was transmitted, if that	2999
offender knew that the electronic mail addresses of the recipients	3000
were obtained using an automated means from an internet web site	3001
or proprietary online service operated by another person, and that	3002
web site or online service included, at the time the electronic	3003
mail addresses were obtained, a notice stating that the operator	3004
of that web site or online service will not transfer addresses	3005
maintained by that web site or online service to any other party	3006
for the purposes of initiating the transmission of, or enabling	3007
others to initiate the transmission of, electronic mail messages.	3008

(f) Regarding any violation of division (B) of this section,	3009
the offender knowingly assisted in the violation through the	3010
provision or selection of electronic mail addresses of the	3011
recipients obtained using an automated means that generates	3012
possible electronic mail addresses by combining names, letters, or	3013
numbers into numerous permutations.	3014

(D)(1) No person, with regard to commercial electronic mail	3015
messages sent from or to a computer in this state, shall knowingly	3016
access a computer without authorization and purposely initiate the	3017
transmission of multiple commercial electronic mail messages from	3018
or through the computer.	3019

(2) Except as otherwise provided in division (E) of this	3020
section, whoever violates division (D)(1) of this section is	3021
guilty of unauthorized access of a computer, a felony of the	3022
fourth degree.	3023

(E) Illegally transmitting multiple commercial electronic	3024
mail messages and unauthorized access of a computer in violation	3025
of this section are felonies of the third degree if the offender	3026
previously has been convicted of a violation of this section, or a	3027
violation of a law of another state or the United States regarding	3028
the transmission of electronic mail messages or unauthorized	3029
access to a computer, or if the offender committed the violation	3030
of this section in the furtherance of a felony.	3031

(F)(1) The attorney general or an electronic mail service	3032
provider that is injured by a violation of this section may bring	3033
a civil action in an appropriate court of common pleas of this	3034
state seeking relief from any person whose conduct violated this	3035
section. The civil action may be commenced at any time within one	3036
year of the date after the act that is the basis of the civil	3037
action.	3038

(2) In a civil action brought by the attorney general	3039
pursuant to division (F)(1) of this section for a violation of	3040
this section, the court may award temporary, preliminary, or	3041
permanent injunctive relief. The court also may impose a civil	3042
penalty against the offender, as the court considers just, in an	3043
amount that is the lesser of: (a) twenty-five thousand dollars for	3044
each day a violation occurs, or (b) not less than two dollars but	3045
not more than eight dollars for each commercial electronic mail	3046
message initiated in violation of this section.	3047

(3) In a civil action brought by an electronic mail service	3048
provider pursuant to division (F)(1) of this section for a	3049
violation of this section, the court may award temporary,	3050
preliminary, or permanent injunctive relief, and also may award	3051
damages in an amount equal to the greater of the following:	3052

(a) The sum of the actual damages incurred by the electronic	3053
mail service provider as a result of a violation of this section,	3054
plus any receipts of the offender that are attributable to a	3055
violation of this section and that were not taken into account in	3056
computing actual damages;	3057

(b) Statutory damages, as the court considers just, in an	3058
amount that is the lesser of: (i) twenty-five thousand dollars for	3059
each day a violation occurs, or (ii) not less than two dollars but	3060
not more than eight dollars for each commercial electronic mail	3061
message initiated in violation of this section.	3062

(4) In assessing damages awarded under division (F)(3) of	3063
this section, the court may consider whether the offender has	3064
established and implemented, with due care, commercially	3065
reasonable practices and procedures designed to effectively	3066
prevent the violation, or the violation occurred despite	3067
commercially reasonable efforts to maintain the practices and	3068
procedures established.	3069

(G) Any equipment, software, or other technology of a person	3070
who violates this section that is used or intended to be used in	3071
the commission of a violation of this section, and any real or	3072
personal property that constitutes or is traceable to the gross	3073
proceeds obtained from the commission of a violation of this	3074
section, is contraband and is subject to seizure and forfeiture	3075
pursuant to Chapter 2981. of the Revised Code.	3076

(H) The attorney general may bring a civil action, pursuant	3077
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	3078
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	3079
state in a district court of the United States that has	3080
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	3081
attorney general shall not bring a civil action under both this	3082
division and division (F) of this section. If a federal court	3083
dismisses a civil action brought under this division for reasons	3084
other than upon the merits, a civil action may be brought under	3085
division (F) of this section in the appropriate court of common	3086
pleas of this state.	3087

(I) Nothing in this section shall be construed:

3088

(1) To require an electronic mail service provider to block,	3089
transmit, route, relay, handle, or store certain types of	3090
electronic mail messages;	3091

(2) To prevent or limit, in any way, an electronic mail	3092
service provider from adopting a policy regarding electronic mail,	3093
including a policy of declining to transmit certain types of	3094
electronic mail messages, or from enforcing such policy through	3095
technical means, through contract, or pursuant to any remedy	3096
available under any other federal, state, or local criminal or	3097
civil law;	3098

(3) To render lawful any policy adopted under division (I)(2)	3099
of this section that is unlawful under any other law.	3100

Sec. 2913.43. (A) No person, by deception, shall cause	3101
another to execute any writing that disposes of or encumbers	3102
property, or by which a pecuniary obligation is incurred.	3103

(B)(1) Whoever violates this section is guilty of securing	3104
writings by deception.	3105

(2) Except as otherwise provided in this division or division	3106
(B)(3) of this section, securing writings by deception is a	3107
misdemeanor of the first degree. If the value of the property or	3108
the obligation involved is ~~five hundred~~one thousand dollars or	3109
more and less than ~~five~~seven thousand five hundred dollars,	3110
securing writings by deception is a felony of the fifth degree. If	3111
the value of the property or the obligation involved is ~~five~~	3112
seven thousand five hundred dollars or more and is less than one	3113
hundred fifty thousand dollars, securing writings by deception is	3114
a felony of the fourth degree. If the value of the property or the	3115
obligation involved is one hundred fifty thousand dollars or	3116
more, securing writings by deception is a felony of the third	3117
degree.	3118

(3) If the victim of the offense is an elderly person or	3119
disabled adult, division (B)(3) of this section applies. Except as	3120
otherwise provided in division (B)(3) of this section, securing	3121
writings by deception is a felony of the fifth degree. If the	3122
value of the property or obligation involved is ~~five hundred~~one	3123
thousand dollars or more and is less than ~~five~~seven thousand	3124
five hundred dollars, securing writings by deception is a felony	3125
of the fourth degree. If the value of the property or obligation	3126
involved is ~~five~~seven thousand five hundred dollars or more and	3127
is less than ~~twenty-five~~thirty-seven thousand five hundred	3128
dollars, securing writings by deception is a felony of the third	3129
degree. If the value of the property or obligation involved is	3130
~~twenty-five~~thirty-seven thousand five hundred dollars or more,	3131
securing writings by deception is a felony of the second degree.	3132

Sec. 2913.45. (A) No person, with purpose to defraud one or	3133
more of the person's creditors, shall do any of the following:	3134

(1) Remove, conceal, destroy, encumber, convey, or otherwise	3135
deal with any of the person's property;	3136

(2) Misrepresent or refuse to disclose to a fiduciary	3137
appointed to administer or manage the person's affairs or estate,	3138
the existence, amount, or location of any of the person's	3139
property, or any other information regarding such property that	3140
the person is legally required to furnish to the fiduciary.	3141

(B) Whoever violates this section is guilty of defrauding	3142
creditors. Except as otherwise provided in this division,	3143
defrauding creditors is a misdemeanor of the first degree. If the	3144
value of the property involved is ~~five hundred~~one thousand	3145
dollars or more and is less than ~~five~~seven thousand five hundred	3146
dollars, defrauding creditors is a felony of the fifth degree. If	3147
the value of the property involved is ~~five~~seven thousand five	3148
hundred dollars or more and is less than one hundred fifty	3149
thousand dollars, defrauding creditors is a felony of the fourth	3150
degree. If the value of the property involved is one hundred	3151
fifty thousand dollars or more, defrauding creditors is a felony	3152
of the third degree.	3153

Sec. 2913.46. (A)(1) As used in this section:

3154

(a) "Electronically transferred benefit" means the transfer	3155
of supplemental nutrition assistance program benefits or WIC	3156
program benefits through the use of an access device.	3157

(b) "WIC program benefits" includes money, coupons, delivery	3158
verification receipts, other documents, food, or other property	3159
received directly or indirectly pursuant to section 17 of the	3160
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	3161
amended.	3162

(c) "Access device" means any card, plate, code, account	3163
number, or other means of access that can be used, alone or in	3164
conjunction with another access device, to obtain payments,	3165
allotments, benefits, money, goods, or other things of value or	3166
that can be used to initiate a transfer of funds pursuant to	3167
section 5101.33 of the Revised Code and the Food and Nutrition Act	3168
of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program	3169
administered by any department of this state or any county or	3170
local agency pursuant to section 17 of the "Child Nutrition Act of	3171
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access	3172
device" may include any electronic debit card or other means	3173
authorized by section 5101.33 of the Revised Code.	3174

(d) "Aggregate value of supplemental nutrition assistance	3175
program benefits, WIC program benefits, and electronically	3176
transferred benefits involved in the violation" means the total	3177
face value of any supplemental nutrition assistance program	3178
benefits, plus the total face value of WIC program coupons or	3179
delivery verification receipts, plus the total value of other WIC	3180
program benefits, plus the total value of any electronically	3181
transferred benefit or other access device, involved in the	3182
violation.	3183

(e) "Total value of any electronically transferred benefit or	3184
other access device" means the total value of the payments,	3185
allotments, benefits, money, goods, or other things of value that	3186
may be obtained, or the total value of funds that may be	3187
transferred, by use of any electronically transferred benefit or	3188
other access device at the time of violation.	3189

(2) If supplemental nutrition assistance program benefits,	3190
WIC program benefits, or electronically transferred benefits or	3191
other access devices of various values are used, transferred,	3192
bought, acquired, altered, purchased, possessed, presented for	3193
redemption, or transported in violation of this section over a	3194
period of twelve months, the course of conduct may be charged as	3195
one offense and the values of supplemental nutrition assistance	3196
program benefits, WIC program benefits, or any electronically	3197
transferred benefits or other access devices may be aggregated in	3198
determining the degree of the offense.	3199

(B) No individual shall knowingly possess, buy, sell, use,	3200
alter, accept, or transfer supplemental nutrition assistance	3201
program benefits, WIC program benefits, or any electronically	3202
transferred benefit in any manner not authorized by the Food and	3203
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the	3204
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as	3205
amended.	3206

(C) No organization, as defined in division (D) of section	3207
2901.23 of the Revised Code, shall do either of the following:	3208

(1) Knowingly allow an employee or agent to sell, transfer,	3209
or trade items or services, the purchase of which is prohibited by	3210
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or	3211
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	3212
U.S.C. 1786, as amended, in exchange for supplemental nutrition	3213
assistance program benefits, WIC program benefits, or any	3214
electronically transferred benefit;	3215

(2) Negligently allow an employee or agent to sell, transfer,	3216
or exchange supplemental nutrition assistance program benefits,	3217
WIC program benefits, or any electronically transferred benefit	3218
for anything of value.	3219

(D) Whoever violates this section is guilty of illegal use of	3220
supplemental nutrition assistance program benefits or WIC program	3221
benefits. Except as otherwise provided in this division, illegal	3222
use of supplemental nutrition assistance program benefits or WIC	3223
program benefits is a felony of the fifth degree. If the aggregate	3224
value of the supplemental nutrition assistance program benefits,	3225
WIC program benefits, and electronically transferred benefits	3226
involved in the violation is ~~five hundred~~one thousand dollars or	3227
more and is less than ~~five~~seven thousand five hundred dollars,	3228
illegal use of supplemental nutrition assistance program benefits	3229
or WIC program benefits is a felony of the fourth degree. If the	3230
aggregate value of the supplemental nutrition assistance program	3231
benefits, WIC program benefits, and electronically transferred	3232
benefits involved in the violation is ~~five~~seven thousand five	3233
hundred dollars or more and is less than one hundred fifty	3234
thousand dollars, illegal use of supplemental nutrition assistance	3235
program benefits or WIC program benefits is a felony of the third	3236
degree. If the aggregate value of the supplemental nutrition	3237
assistance program benefits, WIC program benefits, and	3238
electronically transferred benefits involved in the violation is	3239
one hundred fifty thousand dollars or more, illegal use of	3240
supplemental nutrition assistance program benefits or WIC program	3241
benefits is a felony of the second degree.	3242

Sec. 2913.47. (A) As used in this section:

3243

(1) "Data" has the same meaning as in section 2913.01 of the	3244
Revised Code and additionally includes any other representation of	3245
information, knowledge, facts, concepts, or instructions that are	3246
being or have been prepared in a formalized manner.	3247

(2) "Deceptive" means that a statement, in whole or in part,	3248
would cause another to be deceived because it contains a	3249
misleading representation, withholds information, prevents the	3250
acquisition of information, or by any other conduct, act, or	3251
omission creates, confirms, or perpetuates a false impression,	3252
including, but not limited to, a false impression as to law,	3253
value, state of mind, or other objective or subjective fact.	3254

(3) "Insurer" means any person that is authorized to engage	3255
in the business of insurance in this state under Title XXXIX of	3256
the Revised Code, the Ohio fair plan underwriting association	3257
created under section 3929.43 of the Revised Code, any health	3258
insuring corporation, and any legal entity that is self-insured	3259
and provides benefits to its employees or members.	3260

(4) "Policy" means a policy, certificate, contract, or plan	3261
that is issued by an insurer.	3262

(5) "Statement" includes, but is not limited to, any notice,	3263
letter, or memorandum; proof of loss; bill of lading; receipt for	3264
payment; invoice, account, or other financial statement; estimate	3265
of property damage; bill for services; diagnosis or prognosis;	3266
prescription; hospital, medical, or dental chart or other record;	3267
x-ray, photograph, videotape, or movie film; test result; other	3268
evidence of loss, injury, or expense; computer-generated document;	3269
and data in any form.	3270

(B) No person, with purpose to defraud or knowing that the	3271
person is facilitating a fraud, shall do either of the following:	3272

(1) Present to, or cause to be presented to, an insurer any	3273
written or oral statement that is part of, or in support of, an	3274
application for insurance, a claim for payment pursuant to a	3275
policy, or a claim for any other benefit pursuant to a policy,	3276
knowing that the statement, or any part of the statement, is false	3277
or deceptive;	3278

(2) Assist, aid, abet, solicit, procure, or conspire with	3279
another to prepare or make any written or oral statement that is	3280
intended to be presented to an insurer as part of, or in support	3281
of, an application for insurance, a claim for payment pursuant to	3282
a policy, or a claim for any other benefit pursuant to a policy,	3283
knowing that the statement, or any part of the statement, is false	3284
or deceptive.	3285

(C) Whoever violates this section is guilty of insurance	3286
fraud. Except as otherwise provided in this division, insurance	3287
fraud is a misdemeanor of the first degree. If the amount of the	3288
claim that is false or deceptive is ~~five hundred~~one thousand	3289
dollars or more and is less than ~~five~~seven thousand five hundred	3290
dollars, insurance fraud is a felony of the fifth degree. If the	3291
amount of the claim that is false or deceptive is ~~five~~seven	3292
thousand five hundred dollars or more and is less than one hundred	3293
fifty thousand dollars, insurance fraud is a felony of the fourth	3294
degree. If the amount of the claim that is false or deceptive is	3295
one hundred fifty thousand dollars or more, insurance fraud is a	3296
felony of the third degree.	3297

(D) This section shall not be construed to abrogate, waive,	3298
or modify division (A) of section 2317.02 of the Revised Code.	3299

Sec. 2913.48. (A) No person, with purpose to defraud or	3300
knowing that the person is facilitating a fraud, shall do any of	3301
the following:	3302

(1) Receive workers' compensation benefits to which the	3303
person is not entitled;	3304

(2) Make or present or cause to be made or presented a false	3305
or misleading statement with the purpose to secure payment for	3306
goods or services rendered under Chapter 4121., 4123., 4127., or	3307
4131. of the Revised Code or to secure workers' compensation	3308
benefits;	3309

(3) Alter, falsify, destroy, conceal, or remove any record or	3310
document that is necessary to fully establish the validity of any	3311
claim filed with, or necessary to establish the nature and	3312
validity of all goods and services for which reimbursement or	3313
payment was received or is requested from, the bureau of workers'	3314
compensation, or a self-insuring employer under Chapter 4121.,	3315
4123., 4127., or 4131. of the Revised Code;	3316

(4) Enter into an agreement or conspiracy to defraud the	3317
bureau or a self-insuring employer by making or presenting or	3318
causing to be made or presented a false claim for workers'	3319
compensation benefits;	3320

(5) Make or present or cause to be made or presented a false	3321
statement concerning manual codes, classification of employees,	3322
payroll, paid compensation, or number of personnel, when	3323
information of that nature is necessary to determine the actual	3324
workers' compensation premium or assessment owed to the bureau by	3325
an employer;	3326

(6) Alter, forge, or create a workers' compensation	3327
certificate to falsely show current or correct workers'	3328
compensation coverage;	3329

(7) Fail to secure or maintain workers' compensation coverage	3330
as required by Chapter 4123. of the Revised Code with the intent	3331
to defraud the bureau of workers' compensation.	3332

(B) Whoever violates this section is guilty of workers'	3333
compensation fraud. Except as otherwise provided in this division,	3334
a violation of this section is a misdemeanor of the first degree.	3335
If the value of premiums and assessments unpaid pursuant to	3336
actions described in division (A)(5), (6), or (7) of this section,	3337
or of goods, services, property, or money stolen is ~~five hundred~~	3338
one thousand dollars or more and is less than ~~five~~seven thousand	3339
five hundred dollars, a violation of this section is a felony of	3340
the fifth degree. If the value of premiums and assessments unpaid	3341
pursuant to actions described in division (A)(5), (6), or (7) of	3342
this section, or of goods, services, property, or money stolen is	3343
~~five~~seven thousand five hundred dollars or more and is less than	3344
one hundred fifty thousand dollars, a violation of this section is	3345
a felony of the fourth degree. If the value of premiums and	3346
assessments unpaid pursuant to actions described in division	3347
(A)(5), (6), or (7) of this section, or of goods, services,	3348
property, or money stolen is one hundred fifty thousand dollars or	3349
more, a violation of this section is a felony of the third degree.	3350

(C) Upon application of the governmental body that conducted	3351
the investigation and prosecution of a violation of this section,	3352
the court shall order the person who is convicted of the violation	3353
to pay the governmental body its costs of investigating and	3354
prosecuting the case. These costs are in addition to any other	3355
costs or penalty provided in the Revised Code or any other section	3356
of law.	3357

(D) The remedies and penalties provided in this section are	3358
not exclusive remedies and penalties and do not preclude the use	3359
of any other criminal or civil remedy or penalty for any act that	3360
is in violation of this section.	3361

(E) As used in this section:

3362

(1) "False" means wholly or partially untrue or deceptive.

3363

(2) "Goods" includes, but is not limited to, medical	3364
supplies, appliances, rehabilitative equipment, and any other	3365
apparatus or furnishing provided or used in the care, treatment,	3366
or rehabilitation of a claimant for workers' compensation	3367
benefits.	3368

(3) "Services" includes, but is not limited to, any service	3369
provided by any health care provider to a claimant for workers'	3370
compensation benefits and any and all services provided by the	3371
bureau as part of workers' compensation insurance coverage.	3372

(4) "Claim" means any attempt to cause the bureau, an	3373
independent third party with whom the administrator or an employer	3374
contracts under section 4121.44 of the Revised Code, or a	3375
self-insuring employer to make payment or reimbursement for	3376
workers' compensation benefits.	3377

(5) "Employment" means participating in any trade,	3378
occupation, business, service, or profession for substantial	3379
gainful remuneration.	3380

(6) "Employer," "employee," and "self-insuring employer" have	3381
the same meanings as in section 4123.01 of the Revised Code.	3382

(7) "Remuneration" includes, but is not limited to, wages,	3383
commissions, rebates, and any other reward or consideration.	3384

(8) "Statement" includes, but is not limited to, any oral,	3385
written, electronic, electronic impulse, or magnetic communication	3386
notice, letter, memorandum, receipt for payment, invoice, account,	3387
financial statement, or bill for services; a diagnosis, prognosis,	3388
prescription, hospital, medical, or dental chart or other record;	3389
and a computer generated document.	3390

(9) "Records" means any medical, professional, financial, or	3391
business record relating to the treatment or care of any person,	3392
to goods or services provided to any person, or to rates paid for	3393
goods or services provided to any person, or any record that the	3394
administrator of workers' compensation requires pursuant to rule.	3395

(10) "Workers' compensation benefits" means any compensation	3396
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	3397
the Revised Code.	3398

Sec. 2913.49. (A) As used in this section, "personal	3399
identifying information" includes, but is not limited to, the	3400
following: the name, address, telephone number, driver's license,	3401
driver's license number, commercial driver's license, commercial	3402
driver's license number, state identification card, state	3403
identification card number, social security card, social security	3404
number, birth certificate, place of employment, employee	3405
identification number, mother's maiden name, demand deposit	3406
account number, savings account number, money market account	3407
number, mutual fund account number, other financial account	3408
number, personal identification number, password, or credit card	3409
number of a living or dead individual.	3410

(B) No person, without the express or implied consent of the	3411
other person, shall use, obtain, or possess any personal	3412
identifying information of another person with intent to do either	3413
of the following:	3414

(1) Hold the person out to be the other person;

3415

(2) Represent the other person's personal identifying	3416
information as the person's own personal identifying information.	3417

(C) No person shall create, obtain, possess, or use the	3418
personal identifying information of any person with the intent to	3419
aid or abet another person in violating division (B) of this	3420
section.	3421

(D) No person, with intent to defraud, shall permit another	3422
person to use the person's own personal identifying information.	3423

(E) No person who is permitted to use another person's	3424
personal identifying information as described in division (D) of	3425
this section shall use, obtain, or possess the other person's	3426
personal identifying information with intent to defraud any person	3427
by doing any act identified in division (B)(1) or (2) of this	3428
section.	3429

(F)(1) It is an affirmative defense to a charge under	3430
division (B) of this section that the person using the personal	3431
identifying information is acting in accordance with a legally	3432
recognized guardianship or conservatorship or as a trustee or	3433
fiduciary.	3434

(2) It is an affirmative defense to a charge under division	3435
(B), (C), (D), or (E) of this section that either of the following	3436
applies:	3437

(a) The person or entity using, obtaining, possessing, or	3438
creating the personal identifying information or permitting it to	3439
be used is a law enforcement agency, authorized fraud personnel,	3440
or a representative of or attorney for a law enforcement agency or	3441
authorized fraud personnel and is using, obtaining, possessing, or	3442
creating the personal identifying information or permitting it to	3443
be used, with prior consent given as specified in this division,	3444
in a bona fide investigation, an information security evaluation,	3445
a pretext calling evaluation, or a similar matter. The prior	3446
consent required under this division shall be given by the person	3447
whose personal identifying information is being used, obtained,	3448
possessed, or created or is being permitted to be used or, if the	3449
person whose personal identifying information is being used,	3450
obtained, possessed, or created or is being permitted to be used	3451
is deceased, by that deceased person's executor, or a member of	3452
that deceased person's family, or that deceased person's attorney.	3453
The prior consent required under this division may be given orally	3454
or in writing by the person whose personal identifying information	3455
is being used, obtained, possessed, or created or is being	3456
permitted to be used or that person's executor, or family member,	3457
or attorney.	3458

(b) The personal identifying information was obtained,	3459
possessed, used, created, or permitted to be used for a lawful	3460
purpose, provided that division (F)(2)(b) of this section does not	3461
apply if the person or entity using, obtaining, possessing, or	3462
creating the personal identifying information or permitting it to	3463
be used is a law enforcement agency, authorized fraud personnel,	3464
or a representative of or attorney for a law enforcement agency or	3465
authorized fraud personnel that is using, obtaining, possessing,	3466
or creating the ~~personnel~~personal identifying information or	3467
permitting it to be used in an investigation, an information	3468
security evaluation, a pretext calling evaluation, or similar	3469
matter.	3470

(G) It is not a defense to a charge under this section that	3471
the person whose personal identifying information was obtained,	3472
possessed, used, created, or permitted to be used was deceased at	3473
the time of the offense.	3474

(H)(1) If an offender commits a violation of division (B),	3475
(D), or (E) of this section and the violation occurs as part of a	3476
course of conduct involving other violations of division (B), (D),	3477
or (E) of this section or violations of, attempts to violate,	3478
conspiracies to violate, or complicity in violations of division	3479
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	3480
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	3481
court, in determining the degree of the offense pursuant to	3482
division (I) of this section, may aggregate all credit, property,	3483
or services obtained or sought to be obtained by the offender and	3484
all debts or other legal obligations avoided or sought to be	3485
avoided by the offender in the violations involved in that course	3486
of conduct. The course of conduct may involve one victim or more	3487
than one victim.	3488

(2) If an offender commits a violation of division (C) of	3489
this section and the violation occurs as part of a course of	3490
conduct involving other violations of division (C) of this section	3491
or violations of, attempts to violate, conspiracies to violate, or	3492
complicity in violations of division (B), (D), or (E) of this	3493
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	3494
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	3495
determining the degree of the offense pursuant to division (I) of	3496
this section, may aggregate all credit, property, or services	3497
obtained or sought to be obtained by the person aided or abetted	3498
and all debts or other legal obligations avoided or sought to be	3499
avoided by the person aided or abetted in the violations involved	3500
in that course of conduct. The course of conduct may involve one	3501
victim or more than one victim.	3502

(I)(1) Whoever violates this section is guilty of identity	3503
fraud.	3504

(2) Except as otherwise provided in this division or division	3505
(I)(3) of this section, identity fraud is a felony of the fifth	3506
degree. If the value of the credit, property, services, debt, or	3507
other legal obligation involved in the violation or course of	3508
conduct is ~~five hundred~~one thousand dollars or more and is less	3509
than ~~five~~seven thousand five hundred dollars, except as otherwise	3510
provided in division (I)(3) of this section, identity fraud is a	3511
felony of the fourth degree. If the value of the credit, property,	3512
services, debt, or other legal obligation involved in the	3513
violation or course of conduct is ~~five~~seven thousand five hundred	3514
dollars or more and is less than one hundred fifty thousand	3515
dollars, except as otherwise provided in division (I)(3) of this	3516
section, identity fraud is a felony of the third degree. If the	3517
value of the credit, property, services, debt, or other legal	3518
obligation involved in the violation or course of conduct is one	3519
hundred fifty thousand dollars or more, except as otherwise	3520
provided in division (I)(3) of this section, identity fraud is a	3521
felony of the second degree.	3522

(3) If the victim of the offense is an elderly person or	3523
disabled adult, a violation of this section is identity fraud	3524
against an elderly person or disabled adult. Except as otherwise	3525
provided in this division, identity fraud against an elderly	3526
person or disabled adult is a felony of the fifth degree. If the	3527
value of the credit, property, services, debt, or other legal	3528
obligation involved in the violation or course of conduct is ~~five~~	3529
~~hundred~~one thousand dollars or more and is less than ~~five~~seven	3530
thousand five hundred dollars, identity fraud against an elderly	3531
person or disabled adult is a felony of the third degree. If the	3532
value of the credit, property, services, debt, or other legal	3533
obligation involved in the violation or course of conduct is ~~five~~	3534
seven thousand five hundred dollars or more and is less than one	3535
hundred fifty thousand dollars, identity fraud against an elderly	3536
person or disabled adult is a felony of the second degree. If the	3537
value of the credit, property, services, debt, or other legal	3538
obligation involved in the violation or course of conduct is one	3539
hundred fifty thousand dollars or more, identity fraud against an	3540
elderly person or disabled adult is a felony of the first degree.	3541

Sec. 2913.51. (A) No person shall receive, retain, or	3542
dispose of property of another knowing or having reasonable cause	3543
to believe that the property has been obtained through commission	3544
of a theft offense.	3545

(B) It is not a defense to a charge of receiving stolen	3546
property in violation of this section that the property was	3547
obtained by means other than through the commission of a theft	3548
offense if the property was explicitly represented to the accused	3549
person as being obtained through the commission of a theft	3550
offense.	3551

(C) Whoever violates this section is guilty of receiving	3552
stolen property. Except as otherwise provided in this division,	3553
receiving stolen property is a misdemeanor of the first degree. If	3554
the value of the property involved is ~~five hundred~~one thousand	3555
dollars or more and is less than ~~five~~seven thousand five hundred	3556
dollars, if the property involved is any of the property listed in	3557
section 2913.71 of the Revised Code, receiving stolen property is	3558
a felony of the fifth degree. If the property involved is a motor	3559
vehicle, as defined in section 4501.01 of the Revised Code, if the	3560
property involved is a dangerous drug, as defined in section	3561
4729.01 of the Revised Code, if the value of the property involved	3562
is ~~five~~seven thousand five hundred dollars or more and is less	3563
than one hundred fifty thousand dollars, or if the property	3564
involved is a firearm or dangerous ordnance, as defined in section	3565
2923.11 of the Revised Code, receiving stolen property is a felony	3566
of the fourth degree. If the value of the property involved is one	3567
hundred fifty thousand dollars or more, receiving stolen property	3568
is a felony of the third degree.	3569

Sec. 2913.61. (A) When a person is charged with a theft	3570
offense, or with a violation of division (A)(1) of section 1716.14	3571
of the Revised Code involving a victim who is an elderly person or	3572
disabled adult that involves property or services valued at ~~five~~	3573
~~hundred~~one thousand dollars or more, property or services valued	3574
at ~~five hundred~~one thousand dollars or more and less than ~~five~~	3575
seven thousand five hundred dollars, property or services valued	3576
at one thousand five hundred dollars or more and less than seven	3577
thousand five hundred dollars, property or services valued at ~~five~~	3578
seven thousand five hundred dollars or more and less than	3579
~~twenty-five~~thirty-seven thousand five hundred dollars, property	3580
or services valued at seven thousand five hundred dollars or more	3581
and less than one hundred fifty thousand dollars, property or	3582
services valued at ~~twenty-five~~thirty-seven thousand five hundred	3583
dollars or more and less than one hundred fifty thousand dollars,	3584
orproperty or services valued at thirty-seven thousand five	3585
hundred dollars or more, property or services valued at one	3586
hundred fifty thousand dollars or more, property or services	3587
valued at one hundred fifty thousand dollars or more and less than	3588
seven hundred fifty thousand dollars, property or services valued	3589
at seven hundred fifty thousand dollars or more and less than one	3590
million five hundred thousand dollars, or property or services	3591
valued at one million five hundred thousand dollars or more, the	3592
jury or court trying the accused shall determine the value of the	3593
property or services as of the time of the offense and, if a	3594
guilty verdict is returned, shall return the finding of value as	3595
part of the verdict. In any case in which the jury or court	3596
determines that the value of the property or services at the time	3597
of the offense was ~~five hundred~~one thousand dollars or more, it	3598
is unnecessary to find and return the exact value, and it is	3599
sufficient if the finding and return is to the effect that the	3600
value of the property or services involved was ~~five hundred~~one	3601
thousand dollars or more and less than ~~five~~seven thousand five	3602
hundred dollars, was one thousand dollars or more and less than	3603
seven thousand five hundred dollars, was ~~five~~seven thousand five	3604
hundred dollars or more and less than ~~twenty-five~~thirty-seven	3605
thousand five hundred dollars, was seven thousand five hundred	3606
dollars or more and less than thirty-seven thousand five hundred	3607
dollars, was seven thousand five hundred dollars or more and less	3608
than one hundred fifty thousand dollars, was ~~twenty-five~~	3609
thirty-seven thousand five hundred dollars or more and less than	3610
one hundred fifty thousand dollars, orwas thirty-seven thousand	3611
five hundred dollars or more and less than one hundred fifty	3612
thousand dollars, was one hundred fifty thousand dollars or more,	3613
was one hundred fifty thousand dollars or more and less than seven	3614
hundred fifty thousand dollars, was seven hundred fifty thousand	3615
dollars or more and less than one million five hundred thousand	3616
dollars, or was one million five hundred thousand dollars or more,	3617
whichever is relevant regarding the offense.	3618

(B) If more than one item of property or services is involved	3619
in a theft offense or in a violation of division (A)(1) of section	3620
1716.14 of the Revised Code involving a victim who is an elderly	3621
person or disabled adult, the value of the property or services	3622
involved for the purpose of determining the value as required by	3623
division (A) of this section is the aggregate value of all	3624
property or services involved in the offense.	3625

(C)(1) When a series of offenses under section 2913.02 of the	3626
Revised Code, or a series of violations of, attempts to commit a	3627
violation of, conspiracies to violate, or complicity in violations	3628
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3629
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3630
2913.31 or 2913.43 of the Revised Code involving a victim who is	3631
an elderly person or disabled adult, is committed by the offender	3632
in the offender's same employment, capacity, or relationship to	3633
another, all of those offenses shall be tried as a single offense.	3634
The value of the property or services involved in the series of	3635
offenses for the purpose of determining the value as required by	3636
division (A) of this section is the aggregate value of all	3637
property and services involved in all offenses in the series.	3638

(2) If an offender commits a series of offenses under section	3639
2913.02 of the Revised Code that involves a common course of	3640
conduct to defraud multiple victims, all of the offenses may be	3641
tried as a single offense. If an offender is being tried for the	3642
commission of a series of violations of, attempts to commit a	3643
violation of, conspiracies to violate, or complicity in violations	3644
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3645
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3646
2913.31 or 2913.43 of the Revised Code, whether committed against	3647
one victim or more than one victim, involving a victim who is an	3648
elderly person or disabled adult, pursuant to a scheme or course	3649
of conduct, all of those offenses may be tried as a single	3650
offense. If the offenses are tried as a single offense, the value	3651
of the property or services involved for the purpose of	3652
determining the value as required by division (A) of this section	3653
is the aggregate value of all property and services involved in	3654
all of the offenses in the course of conduct.	3655

(3) When a series of two or more offenses under section	3656
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	3657
the offender in the offender's same employment, capacity, or	3658
relationship to another, all of those offenses may be tried as a	3659
single offense. If the offenses are tried as a single offense, the	3660
value of the property or services involved for the purpose of	3661
determining the value as required by division (A) of this section	3662
is the aggregate value of all property and services involved in	3663
all of the offenses in the series of two or more offenses.	3664

(4) In prosecuting a single offense under division (C)(1),	3665
(2), or (3) of this section, it is not necessary to separately	3666
allege and prove each offense in the series. Rather, it is	3667
sufficient to allege and prove that the offender, within a given	3668
span of time, committed one or more theft offenses or violations	3669
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	3670
offender's same employment, capacity, or relationship to another	3671
as described in division (C)(1) or (3) of this section, or	3672
committed one or more theft offenses that involve a common course	3673
of conduct to defraud multiple victims or a scheme or course of	3674
conduct as described in division (C)(2) of this section. While it	3675
is not necessary to separately allege and prove each offense in	3676
the series in order to prosecute a single offense under division	3677
(C)(1), (2), or (3) of this section, it remains necessary in	3678
prosecuting them as a single offense to prove the aggregate value	3679
of the property or services in order to meet the requisite	3680
statutory offense level sought by the prosecution.	3681

(D) The following criteria shall be used in determining the	3682
value of property or services involved in a theft offense:	3683

(1) The value of an heirloom, memento, collector's item,	3684
antique, museum piece, manuscript, document, record, or other	3685
thing that has intrinsic worth to its owner and that either is	3686
irreplaceable or is replaceable only on the expenditure of	3687
substantial time, effort, or money, is the amount that would	3688
compensate the owner for its loss.	3689

(2) The value of personal effects and household goods, and of	3690
materials, supplies, equipment, and fixtures used in the	3691
profession, business, trade, occupation, or avocation of its	3692
owner, which property is not covered under division (D)(1) of this	3693
section and which retains substantial utility for its purpose	3694
regardless of its age or condition, is the cost of replacing the	3695
property with new property of like kind and quality.	3696

(3) The value of any real or personal property that is not	3697
covered under division (D)(1) or (2) of this section, and the	3698
value of services, is the fair market value of the property or	3699
services. As used in this section, "fair market value" is the	3700
money consideration that a buyer would give and a seller would	3701
accept for property or services, assuming that the buyer is	3702
willing to buy and the seller is willing to sell, that both are	3703
fully informed as to all facts material to the transaction, and	3704
that neither is under any compulsion to act.	3705

(E) Without limitation on the evidence that may be used to	3706
establish the value of property or services involved in a theft	3707
offense:	3708

(1) When the property involved is personal property held for	3709
sale at wholesale or retail, the price at which the property was	3710
held for sale is prima-facie evidence of its value.	3711

(2) When the property involved is a security or commodity	3712
traded on an exchange, the closing price or, if there is no	3713
closing price, the asked price, given in the latest market	3714
quotation prior to the offense is prima-facie evidence of the	3715
value of the security or commodity.	3716

(3) When the property involved is livestock, poultry, or raw	3717
agricultural products for which a local market price is available,	3718
the latest local market price prior to the offense is prima-facie	3719
evidence of the value of the livestock, poultry, or products.	3720

(4) When the property involved is a negotiable instrument,	3721
the face value is prima-facie evidence of the value of the	3722
instrument.	3723

(5) When the property involved is a warehouse receipt, bill	3724
of lading, pawn ticket, claim check, or other instrument entitling	3725
the holder or bearer to receive property, the face value or, if	3726
there is no face value, the value of the property covered by the	3727
instrument less any payment necessary to receive the property is	3728
prima-facie evidence of the value of the instrument.	3729

(6) When the property involved is a ticket of admission,	3730
ticket for transportation, coupon, token, or other instrument	3731
entitling the holder or bearer to receive property or services,	3732
the face value or, if there is no face value, the value of the	3733
property or services that may be received by the instrument is	3734
prima-facie evidence of the value of the instrument.	3735

(7) When the services involved are gas, electricity, water,	3736
telephone, transportation, shipping, or other services for which	3737
the rate is established by law, the duly established rate is	3738
prima-facie evidence of the value of the services.	3739

(8) When the services involved are services for which the	3740
rate is not established by law, and the offender has been notified	3741
prior to the offense of the rate for the services, either in	3742
writing, orally, or by posting in a manner reasonably calculated	3743
to come to the attention of potential offenders, the rate	3744
contained in the notice is prima-facie evidence of the value of	3745
the services.	3746

Sec. 2915.05. (A) No person, with purpose to defraud or	3747
knowing that the person is facilitating a fraud, shall engage in	3748
conduct designed to corrupt the outcome of any of the following:	3749

(1) The subject of a bet;

3750

(2) A contest of knowledge, skill, or endurance that is not	3751
an athletic or sporting event;	3752

(3) A scheme or game of chance;

3753

(4) Bingo.

3754

(B) No person shall knowingly do any of the following:

3755

(1) Offer, give, solicit, or accept anything of value to	3756
corrupt the outcome of an athletic or sporting event;	3757

(2) Engage in conduct designed to corrupt the outcome of an	3758
athletic or sporting event.	3759

(C)(1) Whoever violates division (A) of this section is	3760
guilty of cheating. Except as otherwise provided in this division,	3761
cheating is a misdemeanor of the first degree. If the potential	3762
gain from the cheating is ~~five hundred~~one thousand dollars or	3763
more or if the offender previously has been convicted of any	3764
gambling offense or of any theft offense, as defined in section	3765
2913.01 of the Revised Code, cheating is a felony of the fifth	3766
degree.	3767

(2) Whoever violates division (B) of this section is guilty	3768
of corrupting sports. Corrupting sports is a felony of the fifth	3769
degree on a first offense and a felony of the fourth degree on	3770
each subsequent offense.	3771

Sec. 2917.21. (A) No person shall knowingly make or cause to	3772
be made a telecommunication, or knowingly permit a	3773
telecommunication to be made from a telecommunications device	3774
under the person's control, to another, if the caller does any of	3775
the following:	3776

(1) Fails to identify the caller to the recipient of the	3777
telecommunication and makes the telecommunication with purpose to	3778
harass or abuse any person at the premises to which the	3779
telecommunication is made, whether or not actual communication	3780
takes place between the caller and a recipient;	3781

(2) Describes, suggests, requests, or proposes that the	3782
caller, the recipient of the telecommunication, or any other	3783
person engage in sexual activity, and the recipient or another	3784
person at the premises to which the telecommunication is made has	3785
requested, in a previous telecommunication or in the immediate	3786
telecommunication, that the caller not make a telecommunication to	3787
the recipient or to the premises to which the telecommunication is	3788
made;	3789

(3) During the telecommunication, violates section 2903.21 of	3790
the Revised Code;	3791

(4) Knowingly states to the recipient of the	3792
telecommunication that the caller intends to cause damage to or	3793
destroy public or private property, and the recipient, any member	3794
of the recipient's family, or any other person who resides at the	3795
premises to which the telecommunication is made owns, leases,	3796
resides, or works in, will at the time of the destruction or	3797
damaging be near or in, has the responsibility of protecting, or	3798
insures the property that will be destroyed or damaged;	3799

(5) Knowingly makes the telecommunication to the recipient of	3800
the telecommunication, to another person at the premises to which	3801
the telecommunication is made, or to those premises, and the	3802
recipient or another person at those premises previously has told	3803
the caller not to make a telecommunication to those premises or to	3804
any persons at those premises.	3805

(B) No person shall make or cause to be made a	3806
telecommunication, or permit a telecommunication to be made from a	3807
telecommunications device under the person's control, with purpose	3808
to abuse, threaten, or harass another person.	3809

(C)(1) Whoever violates this section is guilty of	3810
telecommunications harassment.	3811

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	3812
of this section is a misdemeanor of the first degree on a first	3813
offense and a felony of the fifth degree on each subsequent	3814
offense.	3815

(3) Except as otherwise provided in division (C)(3) of this	3816
section, a violation of division (A)(4) of this section is a	3817
misdemeanor of the first degree on a first offense and a felony of	3818
the fifth degree on each subsequent offense. If a violation of	3819
division (A)(4) of this section results in economic harm of ~~five~~	3820
~~hundred~~one thousand dollars or more but less than ~~five~~seven	3821
thousand five hundred dollars, telecommunications harassment is a	3822
felony of the fifth degree. If a violation of division (A)(4) of	3823
this section results in economic harm of ~~five~~seven thousand five	3824
hundred dollars or more but less than one hundred fifty thousand	3825
dollars, telecommunications harassment is a felony of the fourth	3826
degree. If a violation of division (A)(4) of this section results	3827
in economic harm of one hundred fifty thousand dollars or more,	3828
telecommunications harassment is a felony of the third degree.	3829

(D) No cause of action may be asserted in any court of this	3830
state against any provider of a telecommunications service or	3831
information service, or against any officer, employee, or agent of	3832
a telecommunication service or information service, for any	3833
injury, death, or loss to person or property that allegedly arises	3834
out of the provider's, officer's, employee's, or agent's provision	3835
of information, facilities, or assistance in accordance with the	3836
terms of a court order that is issued in relation to the	3837
investigation or prosecution of an alleged violation of this	3838
section. A provider of a telecommunications service or information	3839
service, or an officer, employee, or agent of a telecommunications	3840
service or information service, is immune from any civil or	3841
criminal liability for injury, death, or loss to person or	3842
property that allegedly arises out of the provider's, officer's,	3843
employee's, or agent's provision of information, facilities, or	3844
assistance in accordance with the terms of a court order that is	3845
issued in relation to the investigation or prosecution of an	3846
alleged violation of this section.	3847

(E) As used in this section:

3848

(1) "Economic harm" means all direct, incidental, and	3849
consequential pecuniary harm suffered by a victim as a result of	3850
criminal conduct. "Economic harm" includes, but is not limited to,	3851
all of the following:	3852

(a) All wages, salaries, or other compensation lost as a	3853
result of the criminal conduct;	3854

(b) The cost of all wages, salaries, or other compensation	3855
paid to employees for time those employees are prevented from	3856
working as a result of the criminal conduct;	3857

(c) The overhead costs incurred for the time that a business	3858
is shut down as a result of the criminal conduct;	3859

(d) The loss of value to tangible or intangible property that	3860
was damaged as a result of the criminal conduct.	3861

(2) "Caller" means the person described in division (A) of	3862
this section who makes or causes to be made a telecommunication or	3863
who permits a telecommunication to be made from a	3864
telecommunications device under that person's control.	3865

(3) "Telecommunication" and "telecommunications device" have	3866
the same meanings as in section 2913.01 of the Revised Code.	3867

(4) "Sexual activity" has the same meaning as in section	3868
2907.01 of the Revised Code.	3869

(F) Nothing in this section prohibits a person from making a	3870
telecommunication to a debtor that is in compliance with the "Fair	3871
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	3872
1692, as amended, or the "Telephone Consumer Protection Act," 105	3873
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	3874

Sec. 2917.31. (A) No person shall cause the evacuation of	3875
any public place, or otherwise cause serious public inconvenience	3876
or alarm, by doing any of the following:	3877

(1) Initiating or circulating a report or warning of an	3878
alleged or impending fire, explosion, crime, or other catastrophe,	3879
knowing that such report or warning is false;	3880

(2) Threatening to commit any offense of violence;

3881

(3) Committing any offense, with reckless disregard of the	3882
likelihood that its commission will cause serious public	3883
inconvenience or alarm.	3884

(B) Division (A)(1) of this section does not apply to any	3885
person conducting an authorized fire or emergency drill.	3886

(C)(1) Whoever violates this section is guilty of inducing	3887
panic.	3888

(2) Except as otherwise provided in division (C)(3), (4),	3889
(5), (6), (7), or (8) of this section, inducing panic is a	3890
misdemeanor of the first degree.	3891

(3) Except as otherwise provided in division (C)(4), (5),	3892
(6), (7), or (8) of this section, if a violation of this section	3893
results in physical harm to any person, inducing panic is a felony	3894
of the fourth degree.	3895

(4) Except as otherwise provided in division (C)(5), (6),	3896
(7), or (8) of this section, if a violation of this section	3897
results in economic harm, the penalty shall be determined as	3898
follows:	3899

(a) If the violation results in economic harm of ~~five hundred~~	3900
one thousand dollars or more but less than ~~five~~seven thousand	3901
five hundred dollars and if division (C)(3) of this section does	3902
not apply, inducing panic is a felony of the fifth degree.	3903

(b) If the violation results in economic harm of ~~five~~seven	3904
thousand five hundred dollars or more but less than one hundred	3905
fifty thousand dollars, inducing panic is a felony of the fourth	3906
degree.	3907

(c) If the violation results in economic harm of one hundred	3908
fifty thousand dollars or more, inducing panic is a felony of the	3909
third degree.	3910

(5) If the public place involved in a violation of division	3911
(A)(1) of this section is a school or an institution of higher	3912
education, inducing panic is a felony of the second degree.	3913

(6) If the violation pertains to a purported, threatened, or	3914
actual use of a weapon of mass destruction, and except as	3915
otherwise provided in division (C)(5), (7), or (8) of this	3916
section, inducing panic is a felony of the fourth degree.	3917

(7) If the violation pertains to a purported, threatened, or	3918
actual use of a weapon of mass destruction, and except as	3919
otherwise provided in division (C)(5) of this section, if a	3920
violation of this section results in physical harm to any person,	3921
inducing panic is a felony of the third degree.	3922

(8) If the violation pertains to a purported, threatened, or	3923
actual use of a weapon of mass destruction, and except as	3924
otherwise provided in division (C)(5) of this section, if a	3925
violation of this section results in economic harm of one hundred	3926
thousand dollars or more, inducing panic is a felony of the third	3927
degree.	3928

(D)(1) It is not a defense to a charge under this section	3929
that pertains to a purported or threatened use of a weapon of mass	3930
destruction that the offender did not possess or have the ability	3931
to use a weapon of mass destruction or that what was represented	3932
to be a weapon of mass destruction was not a weapon of mass	3933
destruction.	3934

(2) Any act that is a violation of this section and any other	3935
section of the Revised Code may be prosecuted under this section,	3936
the other section, or both sections.	3937

(E) As used in this section:

3938

(1) "Economic harm" means any of the following:

3939

(a) All direct, incidental, and consequential pecuniary harm	3940
suffered by a victim as a result of criminal conduct. "Economic	3941
harm" as described in this division includes, but is not limited	3942
to, all of the following:	3943

(i) All wages, salaries, or other compensation lost as a	3944
result of the criminal conduct;	3945

(ii) The cost of all wages, salaries, or other compensation	3946
paid to employees for time those employees are prevented from	3947
working as a result of the criminal conduct;	3948

(iii) The overhead costs incurred for the time that a	3949
business is shut down as a result of the criminal conduct;	3950

(iv) The loss of value to tangible or intangible property	3951
that was damaged as a result of the criminal conduct.	3952

(b) All costs incurred by the state or any political	3953
subdivision as a result of, or in making any response to, the	3954
criminal conduct that constituted the violation of this section or	3955
section 2917.32 of the Revised Code, including, but not limited	3956
to, all costs so incurred by any law enforcement officers,	3957
firefighters, rescue personnel, or emergency medical services	3958
personnel of the state or the political subdivision.	3959

(2) "School" means any school operated by a board of	3960
education or any school for which the state board of education	3961
prescribes minimum standards under section 3301.07 of the Revised	3962
Code, whether or not any instruction, extracurricular activities,	3963
or training provided by the school is being conducted at the time	3964
a violation of this section is committed.	3965

(3) "Weapon of mass destruction" means any of the following:

3966

(a) Any weapon that is designed or intended to cause death or	3967
serious physical harm through the release, dissemination, or	3968
impact of toxic or poisonous chemicals, or their precursors;	3969

(b) Any weapon involving a disease organism or biological	3970
agent;	3971

(c) Any weapon that is designed to release radiation or	3972
radioactivity at a level dangerous to human life;	3973

(d) Any of the following, except to the extent that the item	3974
or device in question is expressly excepted from the definition of	3975
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	3976
regulations issued under that section:	3977

(i) Any explosive, incendiary, or poison gas bomb, grenade,	3978
rocket having a propellant charge of more than four ounces,	3979
missile having an explosive or incendiary charge of more than	3980
one-quarter ounce, mine, or similar device;	3981

(ii) Any combination of parts either designed or intended for	3982
use in converting any item or device into any item or device	3983
described in division (E)(3)(d)(i) of this section and from which	3984
an item or device described in that division may be readily	3985
assembled.	3986

(4) "Biological agent" has the same meaning as in section	3987
2917.33 of the Revised Code.	3988

(5) "Emergency medical services personnel" has the same	3989
meaning as in section 2133.21 of the Revised Code.	3990

(6) "Institution of higher education" means any of the	3991
following:	3992

(a) A state university or college as defined in division	3993
(A)(1) of section 3345.12 of the Revised Code, community college,	3994
state community college, university branch, or technical college;	3995

(b) A private, nonprofit college, university or other	3996
post-secondary institution located in this state that possesses a	3997
certificate of authorization issued by the Ohio board of regents	3998
pursuant to Chapter 1713. of the Revised Code;	3999

(c) A post-secondary institution with a certificate of	4000
registration issued by the state board of career colleges and	4001
schools under Chapter 3332. of the Revised Code.	4002

Sec. 2917.32. (A) No person shall do any of the following:

4003

(1) Initiate or circulate a report or warning of an alleged	4004
or impending fire, explosion, crime, or other catastrophe, knowing	4005
that the report or warning is false and likely to cause public	4006
inconvenience or alarm;	4007

(2) Knowingly cause a false alarm of fire or other emergency	4008
to be transmitted to or within any organization, public or	4009
private, for dealing with emergencies involving a risk of physical	4010
harm to persons or property;	4011

(3) Report to any law enforcement agency an alleged offense	4012
or other incident within its concern, knowing that such offense	4013
did not occur.	4014

(B) This section does not apply to any person conducting an	4015
authorized fire or emergency drill.	4016

(C)(1) Whoever violates this section is guilty of making	4017
false alarms.	4018

(2) Except as otherwise provided in division (C)(3), (4),	4019
(5), or (6) of this section, making false alarms is a misdemeanor	4020
of the first degree.	4021

(3) Except as otherwise provided in division (C)(4) of this	4022
section, if a violation of this section results in economic harm	4023
of ~~five hundred~~one thousand dollars or more but less than ~~five~~	4024
seven thousand five hundred dollars, making false alarms is a	4025
felony of the fifth degree.	4026

(4) If a violation of this section pertains to a purported,	4027
threatened, or actual use of a weapon of mass destruction, making	4028
false alarms is a felony of the third degree.	4029

(5) If a violation of this section results in economic harm	4030
of ~~five~~seven thousand five hundred dollars or more but less than	4031
one hundred fifty thousand dollars and if division (C)(4) of this	4032
section does not apply, making false alarms is a felony of the	4033
fourth degree.	4034

(6) If a violation of this section results in economic harm	4035
of one hundred fifty thousand dollars or more, making false alarms	4036
is a felony of the third degree.	4037

(D)(1) It is not a defense to a charge under this section	4038
that pertains to a purported or threatened use of a weapon of mass	4039
destruction that the offender did not possess or have the ability	4040
to use a weapon of mass destruction or that what was represented	4041
to be a weapon of mass destruction was not a weapon of mass	4042
destruction.	4043

(2) Any act that is a violation of this section and any other	4044
section of the Revised Code may be prosecuted under this section,	4045
the other section, or both sections.	4046

(E) As used in this section, "economic harm" and "weapon of	4047
mass destruction" have the same meanings as in section 2917.31 of	4048
the Revised Code.	4049

Sec. 2919.21. (A) No person shall abandon, or fail to	4050
provide adequate support to:	4051

(1) The person's spouse, as required by law;

4052

(2) The person's child who is under age eighteen, or mentally	4053
or physically handicapped child who is under age twenty-one;	4054

(3) The person's aged or infirm parent or adoptive parent,	4055
who from lack of ability and means is unable to provide adequately	4056
for the parent's own support.	4057

(B) No person shall abandon, or fail to provide support as	4058
established by a court order to, another person whom, by court	4059
order or decree, the person is legally obligated to support.	4060

(C) No person shall aid, abet, induce, cause, encourage, or	4061
contribute to a child or a ward of the juvenile court becoming a	4062
dependent child, as defined in section 2151.04 of the Revised	4063
Code, or a neglected child, as defined in section 2151.03 of the	4064
Revised Code.	4065

(D) It is an affirmative defense to a charge of failure to	4066
provide adequate support under division (A) of this section or a	4067
charge of failure to provide support established by a court order	4068
under division (B) of this section that the accused was unable to	4069
provide adequate support or the established support but did	4070
provide the support that was within the accused's ability and	4071
means.	4072

(E) It is an affirmative defense to a charge under division	4073
(A)(3) of this section that the parent abandoned the accused or	4074
failed to support the accused as required by law, while the	4075
accused was under age eighteen, or was mentally or physically	4076
handicapped and under age twenty-one.	4077

(F) It is not a defense to a charge under division (B) of	4078
this section that the person whom a court has ordered the accused	4079
to support is being adequately supported by someone other than the	4080
accused.	4081

(G)(1) Except as otherwise provided in this division, whoever	4082
violates division (A) or (B) of this section is guilty of	4083
nonsupport of dependents, a misdemeanor of the first degree. If	4084
the offender previously has been convicted of or pleaded guilty to	4085
a violation of division (A)(2) or (B) of this section or if the	4086
offender has failed to provide support under division (A)(2) or	4087
(B) of this section for a total accumulated period of twenty-six	4088
weeks out of one hundred four consecutive weeks, whether or not	4089
the twenty-six weeks were consecutive, then a violation of	4090
division (A)(2) or (B) of this section is a felony of the fifth	4091
degree. If the offender previously has been convicted of or	4092
pleaded guilty to a felony violation of this section, a violation	4093
of division (A)(2) or (B) of this section is a felony of the	4094
fourth degree. If	4095

If the violation of division (A) or (B) of this section is a	4096
felony, all of the following apply to the sentencing of the	4097
offender:	4098

(a) Except as otherwise provided in division (G)(1)(b) of	4099
this section, the court in imposing sentence on the offender shall	4100
first consider placing the offender on one or more community	4101
control sanctions under section 2929.16, 2929.17, or 2929.18 of	4102
the Revised Code, with an emphasis under the sanctions on	4103
intervention for nonsupport, obtaining or maintaining employment,	4104
or another related condition.	4105

(b) The preference for placement on community control	4106
sanctions described in division (G)(1)(a) of this section does not	4107
apply to any offender to whom one or more of the following	4108
applies:	4109

(i) The court determines that the imposition of a prison term	4110
on the offender is consistent with the purposes and principles of	4111
sentencing set forth in section 2929.11 of the Revised Code.	4112

(ii) The offender previously was convicted of or pleaded	4113
guilty to a violation of this section that was a felony, the	4114
conviction or guilty plea occurred on or after the effective date	4115
of this amendment, and the offender was sentenced to a prison term	4116
for that violation.	4117

(iii) The offender previously was convicted of or pleaded	4118
guilty to a violation of this section that was a felony, the	4119
conviction or guilty plea occurred on or after the effective date	4120
of this amendment, the offender was sentenced to one or more	4121
community control sanctions of a type described in division	4122
(G)(1)(a) of this section for that violation, and the offender	4123
failed to comply with the conditions of any of those community	4124
control sanctions.	4125

(2) If the offender is guilty of nonsupport of dependents by	4126
reason of failing to provide support to the offender's child as	4127
required by a child support order issued on or after April 15,	4128
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	4129
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	4130
Revised Code, the court, in addition to any other sentence	4131
imposed, shall assess all court costs arising out of the charge	4132
against the person and require the person to pay any reasonable	4133
attorney's fees of any adverse party other than the state, as	4134
determined by the court, that arose in relation to the charge.	4135

~~(2)~~(3) Whoever violates division (C) of this section is	4136
guilty of contributing to the nonsupport of dependents, a	4137
misdemeanor of the first degree. Each day of violation of division	4138
(C) of this section is a separate offense.	4139

Sec. 2921.13. (A) No person shall knowingly make a false	4140
statement, or knowingly swear or affirm the truth of a false	4141
statement previously made, when any of the following applies:	4142

(1) The statement is made in any official proceeding.

4143

(2) The statement is made with purpose to incriminate	4144
another.	4145

(3) The statement is made with purpose to mislead a public	4146
official in performing the public official's official function.	4147

(4) The statement is made with purpose to secure the payment	4148
of unemployment compensation; Ohio works first; prevention,	4149
retention, and contingency benefits and services; disability	4150
financial assistance; retirement benefits; economic development	4151
assistance, as defined in section 9.66 of the Revised Code; or	4152
other benefits administered by a governmental agency or paid out	4153
of a public treasury.	4154

(5) The statement is made with purpose to secure the issuance	4155
by a governmental agency of a license, permit, authorization,	4156
certificate, registration, release, or provider agreement.	4157

(6) The statement is sworn or affirmed before a notary public	4158
or another person empowered to administer oaths.	4159

(7) The statement is in writing on or in connection with a	4160
report or return that is required or authorized by law.	4161

(8) The statement is in writing and is made with purpose to	4162
induce another to extend credit to or employ the offender, to	4163
confer any degree, diploma, certificate of attainment, award of	4164
excellence, or honor on the offender, or to extend to or bestow	4165
upon the offender any other valuable benefit or distinction, when	4166
the person to whom the statement is directed relies upon it to	4167
that person's detriment.	4168

(9) The statement is made with purpose to commit or	4169
facilitate the commission of a theft offense.	4170

(10) The statement is knowingly made to a probate court in	4171
connection with any action, proceeding, or other matter within its	4172
jurisdiction, either orally or in a written document, including,	4173
but not limited to, an application, petition, complaint, or other	4174
pleading, or an inventory, account, or report.	4175

(11) The statement is made on an account, form, record,	4176
stamp, label, or other writing that is required by law.	4177

(12) The statement is made in connection with the purchase of	4178
a firearm, as defined in section 2923.11 of the Revised Code, and	4179
in conjunction with the furnishing to the seller of the firearm of	4180
a fictitious or altered driver's or commercial driver's license or	4181
permit, a fictitious or altered identification card, or any other	4182
document that contains false information about the purchaser's	4183
identity.	4184

(13) The statement is made in a document or instrument of	4185
writing that purports to be a judgment, lien, or claim of	4186
indebtedness and is filed or recorded with the secretary of state,	4187
a county recorder, or the clerk of a court of record.	4188

(14) The statement is made in an application filed with a	4189
county sheriff pursuant to section 2923.125 of the Revised Code in	4190
order to obtain or renew a license to carry a concealed handgun or	4191
is made in an affidavit submitted to a county sheriff to obtain a	4192
temporary emergency license to carry a concealed handgun under	4193
section 2923.1213 of the Revised Code.	4194

(15) The statement is required under section 5743.71 of the	4195
Revised Code in connection with the person's purchase of	4196
cigarettes or tobacco products in a delivery sale.	4197

(B) No person, in connection with the purchase of a firearm,	4198
as defined in section 2923.11 of the Revised Code, shall knowingly	4199
furnish to the seller of the firearm a fictitious or altered	4200
driver's or commercial driver's license or permit, a fictitious or	4201
altered identification card, or any other document that contains	4202
false information about the purchaser's identity.	4203

(C) No person, in an attempt to obtain a license to carry a	4204
concealed handgun under section 2923.125 of the Revised Code,	4205
shall knowingly present to a sheriff a fictitious or altered	4206
document that purports to be certification of the person's	4207
competence in handling a handgun as described in division (B)(3)	4208
of section 2923.125 of the Revised Code.	4209

(D) It is no defense to a charge under division (A)(6) of	4210
this section that the oath or affirmation was administered or	4211
taken in an irregular manner.	4212

(E) If contradictory statements relating to the same fact are	4213
made by the offender within the period of the statute of	4214
limitations for falsification, it is not necessary for the	4215
prosecution to prove which statement was false but only that one	4216
or the other was false.	4217

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	4218
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	4219
of falsification, a misdemeanor of the first degree.	4220

(2) Whoever violates division (A)(9) of this section is	4221
guilty of falsification in a theft offense. Except as otherwise	4222
provided in this division, falsification in a theft offense is a	4223
misdemeanor of the first degree. If the value of the property or	4224
services stolen is ~~five hundred~~one thousand dollars or more and	4225
is less than ~~five~~seven thousand five hundred dollars,	4226
falsification in a theft offense is a felony of the fifth degree.	4227
If the value of the property or services stolen is ~~five~~seven	4228
thousand five hundred dollars or more and is less than one hundred	4229
fifty thousand dollars, falsification in a theft offense is a	4230
felony of the fourth degree. If the value of the property or	4231
services stolen is one hundred fifty thousand dollars or more,	4232
falsification in a theft offense is a felony of the third degree.	4233

(3) Whoever violates division (A)(12) or (B) of this section	4234
is guilty of falsification to purchase a firearm, a felony of the	4235
fifth degree.	4236

(4) Whoever violates division (A)(14) or (C) of this section	4237
is guilty of falsification to obtain a concealed handgun license,	4238
a felony of the fourth degree.	4239

(G) A person who violates this section is liable in a civil	4240
action to any person harmed by the violation for injury, death, or	4241
loss to person or property incurred as a result of the commission	4242
of the offense and for reasonable attorney's fees, court costs,	4243
and other expenses incurred as a result of prosecuting the civil	4244
action commenced under this division. A civil action under this	4245
division is not the exclusive remedy of a person who incurs	4246
injury, death, or loss to person or property as a result of a	4247
violation of this section.	4248

Sec. 2921.34. (A)(1) No person, knowing the person is under	4249
detention, other than supervised release detention, or being	4250
reckless in that regard, shall purposely break or attempt to break	4251
the detention, or purposely fail to return to detention, either	4252
following temporary leave granted for a specific purpose or	4253
limited period, or at the time required when serving a sentence in	4254
intermittent confinement.	4255

(2)(a) Division (A)(2)(b) of this section applies to any	4256
person who is sentenced to a prison term pursuant to division	4257
(A)(3) or (B) of section 2971.03 of the Revised Code.	4258

(b) No person to whom this division applies, for whom the	4259
requirement that the entire prison term imposed upon the person	4260
pursuant to division (A)(3) or (B) of section 2971.03 of the	4261
Revised Code be served in a state correctional institution has	4262
been modified pursuant to section 2971.05 of the Revised Code, and	4263
who, pursuant to that modification, is restricted to a geographic	4264
area, knowing that the person is under a geographic restriction or	4265
being reckless in that regard, shall purposely leave the	4266
geographic area to which the restriction applies or purposely fail	4267
to return to that geographic area following a temporary leave	4268
granted for a specific purpose or for a limited period of time.	4269

(3) No person, knowing the person is under supervised release	4270
detention or being reckless in that regard, shall purposely break	4271
or attempt to break the supervised release detention or purposely	4272
fail to return to the supervised release detention, either	4273
following temporary leave granted for a specific purpose or	4274
limited period, or at the time required when serving a sentence in	4275
intermittent confinement.	4276

(B) Irregularity in bringing about or maintaining detention,	4277
or lack of jurisdiction of the committing or detaining authority,	4278
is not a defense to a charge under this section if the detention	4279
is pursuant to judicial order or in a detention facility. In the	4280
case of any other detention, irregularity or lack of jurisdiction	4281
is an affirmative defense only if either of the following occurs:	4282

(1) The escape involved no substantial risk of harm to the	4283
person or property of another.	4284

(2) The detaining authority knew or should have known there	4285
was no legal basis or authority for the detention.	4286

4287

(1) If the offender violates division (A)(1) or (2) of this	4288
section, if the offender, at the time of the commission of the	4289
offense, was under detention as an alleged or adjudicated	4290
delinquent child or unruly child, and if the act for which the	4291
offender was under detention would not be a felony if committed by	4292
an adult, escape is a misdemeanor of the first degree.	4293

(2) If the offender violates division (A)(1) or (2) of this	4294
section and if either the offender, at the time of the commission	4295
of the offense, was under detention in any other manner or if the	4296
offender is a person for whom the requirement that the entire	4297
prison term imposed upon the person pursuant to division (A)(3) or	4298
(B) of section 2971.03 of the Revised Code be served in a state	4299
correctional institution has been modified pursuant to section	4300
2971.05 of the Revised Code, escape is one of the following:	4301

(a) A felony of the second degree, when the most serious	4302
offense for which the person was under detention or for which the	4303
person had been sentenced to the prison term under division	4304
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	4305
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4306
is aggravated murder, murder, or a felony of the first or second	4307
degree or, if the person was under detention as an alleged or	4308
adjudicated delinquent child, when the most serious act for which	4309
the person was under detention would be aggravated murder, murder,	4310
or a felony of the first or second degree if committed by an	4311
adult;	4312

(b) A felony of the third degree, when the most serious	4313
offense for which the person was under detention or for which the	4314
person had been sentenced to the prison term under division	4315
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	4316
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4317
is a felony of the third, fourth, or fifth degree or an	4318
unclassified felony or, if the person was under detention as an	4319
alleged or adjudicated delinquent child, when the most serious act	4320
for which the person was under detention would be a felony of the	4321
third, fourth, or fifth degree or an unclassified felony if	4322
committed by an adult;	4323

(c) A felony of the fifth degree, when any of the following	4324
applies:	4325

(i) The most serious offense for which the person was under	4326
detention is a misdemeanor.	4327

(ii) The person was found not guilty by reason of insanity,	4328
and the person's detention consisted of hospitalization,	4329
institutionalization, or confinement in a facility under an order	4330
made pursuant to or under authority of section 2945.40, 2945.401,	4331
or 2945.402 of the Revised Code.	4332

(d) A misdemeanor of the first degree, when the most serious	4333
offense for which the person was under detention is a misdemeanor	4334
and when the person fails to return to detention at a specified	4335
time following temporary leave granted for a specific purpose or	4336
limited period or at the time required when serving a sentence in	4337
intermittent confinement.	4338

(3) If the offender violates division (A)(3) of this section,	4339
except as otherwise provided in this division, escape is a felony	4340
of the fifth degree. If the offender violates division (A)(3) of	4341
this section and if, at the time of the commission of the offense,	4342
the most serious offense for which the offender was under	4343
supervised release detention was aggravated murder, murder, any	4344
other offense for which a sentence of life imprisonment was	4345
imposed, or a felony of the first or second degree, escape is a	4346
felony of the fourth degree.	4347

(D) As used in this section, "supervised release detention"	4348
means detention that is supervision of a person by an employee of	4349
the department of rehabilitation and correction while the person	4350
is on any type of release from a state correctional institution,	4351
other than transitional control under section 2967.26 of the	4352
Revised Code or placement in a community-based correctional	4353
facility by the parole board under section 2967.28 of the Revised	4354
Code.	4355

Sec. 2921.41. (A) No public official or party official shall	4356
commit any theft offense, as defined in division (K) of section	4357
2913.01 of the Revised Code, when either of the following applies:	4358

(1) The offender uses the offender's office in aid of	4359
committing the offense or permits or assents to its use in aid of	4360
committing the offense;	4361

(2) The property or service involved is owned by this state,	4362
any other state, the United States, a county, a municipal	4363
corporation, a township, or any political subdivision, department,	4364
or agency of any of them, is owned by a political party, or is	4365
part of a political campaign fund.	4366

(B) Whoever violates this section is guilty of theft in	4367
office. Except as otherwise provided in this division, theft in	4368
office is a felony of the fifth degree. If the value of property	4369
or services stolen is ~~five hundred~~one thousand dollars or more	4370
and is less than ~~five~~seven thousand five hundred dollars, theft	4371
in office is a felony of the fourth degree. If the value of	4372
property or services stolen is ~~five~~seven thousand five hundred	4373
dollars or more, theft in office is a felony of the third degree.	4374

(C)(1) A public official or party official who pleads guilty	4375
to theft in office and whose plea is accepted by the court or a	4376
public official or party official against whom a verdict or	4377
finding of guilt for committing theft in office is returned is	4378
forever disqualified from holding any public office, employment,	4379
or position of trust in this state.	4380

(2)(a) A court that imposes sentence for a violation of this	4381
section based on conduct described in division (A)(2) of this	4382
section shall require the public official or party official who is	4383
convicted of or pleads guilty to the offense to make restitution	4384
for all of the property or the service that is the subject of the	4385
offense, in addition to the term of imprisonment and any fine	4386
imposed. A court that imposes sentence for a violation of this	4387
section based on conduct described in division (A)(1) of this	4388
section and that determines at trial that this state or a	4389
political subdivision of this state if the offender is a public	4390
official, or a political party in the United States or this state	4391
if the offender is a party official, suffered actual loss as a	4392
result of the offense shall require the offender to make	4393
restitution to the state, political subdivision, or political	4394
party for all of the actual loss experienced, in addition to the	4395
term of imprisonment and any fine imposed.	4396

(b)(i) In any case in which a sentencing court is required to	4397
order restitution under division (C)(2)(a) of this section and in	4398
which the offender, at the time of the commission of the offense	4399
or at any other time, was a member of the public employees	4400
retirement system, the Ohio police and fire pension fund, the	4401
state teachers retirement system, the school employees retirement	4402
system, or the state highway patrol retirement system; was an	4403
electing employee, as defined in section 3305.01 of the Revised	4404
Code, participating in an alternative retirement plan provided	4405
pursuant to Chapter 3305. of the Revised Code; was a participating	4406
employee or continuing member, as defined in section 148.01 of the	4407
Revised Code, in a deferred compensation program offered by the	4408
Ohio public employees deferred compensation board; was an officer	4409
or employee of a municipal corporation who was a participant in a	4410
deferred compensation program offered by that municipal	4411
corporation; was an officer or employee of a government unit, as	4412
defined in section 148.06 of the Revised Code, who was a	4413
participant in a deferred compensation program offered by that	4414
government unit, or was a participating employee, continuing	4415
member, or participant in any deferred compensation program	4416
described in this division and a member of a retirement system	4417
specified in this division or a retirement system of a municipal	4418
corporation, the entity to which restitution is to be made may	4419
file a motion with the sentencing court specifying any retirement	4420
system, any provider as defined in section 3305.01 of the Revised	4421
Code, and any deferred compensation program of which the offender	4422
was a member, electing employee, participating employee,	4423
continuing member, or participant and requesting the court to	4424
issue an order requiring the specified retirement system, the	4425
specified provider under the alternative retirement plan, or the	4426
specified deferred compensation program, or, if more than one is	4427
specified in the motion, the applicable combination of these, to	4428
withhold the amount required as restitution from any payment that	4429
is to be made under a pension, annuity, or allowance, under an	4430
option in the alternative retirement plan, under a participant	4431
account, as defined in section 148.01 of the Revised Code, or	4432
under any other type of benefit, other than a survivorship	4433
benefit, that has been or is in the future granted to the	4434
offender, from any payment of accumulated employee contributions	4435
standing to the offender's credit with that retirement system,	4436
that provider of the option under the alternative retirement plan,	4437
or that deferred compensation program, or, if more than one is	4438
specified in the motion, the applicable combination of these, and	4439
from any payment of any other amounts to be paid to the offender	4440
upon the offender's withdrawal of the offender's contributions	4441
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	4442
the Revised Code. A motion described in this division may be filed	4443
at any time subsequent to the conviction of the offender or entry	4444
of a guilty plea. Upon the filing of the motion, the clerk of the	4445
court in which the motion is filed shall notify the offender, the	4446
specified retirement system, the specified provider under the	4447
alternative retirement plan, or the specified deferred	4448
compensation program, or, if more than one is specified in the	4449
motion, the applicable combination of these, in writing, of all of	4450
the following: that the motion was filed; that the offender will	4451
be granted a hearing on the issuance of the requested order if the	4452
offender files a written request for a hearing with the clerk	4453
prior to the expiration of thirty days after the offender receives	4454
the notice; that, if a hearing is requested, the court will	4455
schedule a hearing as soon as possible and notify the offender,	4456
any specified retirement system, any specified provider under an	4457
alternative retirement plan, and any specified deferred	4458
compensation program of the date, time, and place of the hearing;	4459
that, if a hearing is conducted, it will be limited only to a	4460
consideration of whether the offender can show good cause why the	4461
requested order should not be issued; that, if a hearing is	4462
conducted, the court will not issue the requested order if the	4463
court determines, based on evidence presented at the hearing by	4464
the offender, that there is good cause for the requested order not	4465
to be issued; that the court will issue the requested order if a	4466
hearing is not requested or if a hearing is conducted but the	4467
court does not determine, based on evidence presented at the	4468
hearing by the offender, that there is good cause for the	4469
requested order not to be issued; and that, if the requested order	4470
is issued, any retirement system, any provider under an	4471
alternative retirement plan, and any deferred compensation program	4472
specified in the motion will be required to withhold the amount	4473
required as restitution from payments to the offender.	4474

(ii) In any case in which a sentencing court is required to	4475
order restitution under division (C)(2)(a) of this section and in	4476
which a motion requesting the issuance of a withholding order as	4477
described in division (C)(2)(b)(i) of this section is filed, the	4478
offender may receive a hearing on the motion by delivering a	4479
written request for a hearing to the court prior to the expiration	4480
of thirty days after the offender's receipt of the notice provided	4481
pursuant to division (C)(2)(b)(i) of this section. If a request	4482
for a hearing is made by the offender within the prescribed time,	4483
the court shall schedule a hearing as soon as possible after the	4484
request is made and shall notify the offender, the specified	4485
retirement system, the specified provider under the alternative	4486
retirement plan, or the specified deferred compensation program,	4487
or, if more than one is specified in the motion, the applicable	4488
combination of these, of the date, time, and place of the hearing.	4489
A hearing scheduled under this division shall be limited to a	4490
consideration of whether there is good cause, based on evidence	4491
presented by the offender, for the requested order not to be	4492
issued. If the court determines, based on evidence presented by	4493
the offender, that there is good cause for the order not to be	4494
issued, the court shall deny the motion and shall not issue the	4495
requested order. If the offender does not request a hearing within	4496
the prescribed time or if the court conducts a hearing but does	4497
not determine, based on evidence presented by the offender, that	4498
there is good cause for the order not to be issued, the court	4499
shall order the specified retirement system, the specified	4500
provider under the alternative retirement plan, or the specified	4501
deferred compensation program, or, if more than one is specified	4502
in the motion, the applicable combination of these, to withhold	4503
the amount required as restitution under division (C)(2)(a) of	4504
this section from any payments to be made under a pension,	4505
annuity, or allowance, under a participant account, as defined in	4506
section 148.01 of the Revised Code, under an option in the	4507
alternative retirement plan, or under any other type of benefit,	4508
other than a survivorship benefit, that has been or is in the	4509
future granted to the offender, from any payment of accumulated	4510
employee contributions standing to the offender's credit with that	4511
retirement system, that provider under the alternative retirement	4512
plan, or that deferred compensation program, or, if more than one	4513
is specified in the motion, the applicable combination of these,	4514
and from any payment of any other amounts to be paid to the	4515
offender upon the offender's withdrawal of the offender's	4516
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	4517
or 5505. of the Revised Code, and to continue the withholding for	4518
that purpose, in accordance with the order, out of each payment to	4519
be made on or after the date of issuance of the order, until	4520
further order of the court. Upon receipt of an order issued under	4521
this division, the public employees retirement system, the Ohio	4522
police and fire pension fund, the state teachers retirement	4523
system, the school employees retirement system, the state highway	4524
patrol retirement system, a municipal corporation retirement	4525
system, the provider under the alternative retirement plan, and	4526
the deferred compensation program offered by the Ohio public	4527
employees deferred compensation board, a municipal corporation, or	4528
a government unit, as defined in section 148.06 of the Revised	4529
Code, whichever are applicable, shall withhold the amount required	4530
as restitution, in accordance with the order, from any such	4531
payments and immediately shall forward the amount withheld to the	4532
clerk of the court in which the order was issued for payment to	4533
the entity to which restitution is to be made.	4534

(iii) Service of a notice required by division (C)(2)(b)(i)	4535
or (ii) of this section shall be effected in the same manner as	4536
provided in the Rules of Civil Procedure for the service of	4537
process.	4538

(D) Upon the filing of charges against a person under this	4539
section, the prosecutor, as defined in section 2935.01 of the	4540
Revised Code, who is assigned the case shall send written notice	4541
that charges have been filed against that person to the public	4542
employees retirement system, the Ohio police and fire pension	4543
fund, the state teachers retirement system, the school employees	4544
retirement system, the state highway patrol retirement system, the	4545
provider under an alternative retirement plan, any municipal	4546
corporation retirement system in this state, and the deferred	4547
compensation program offered by the Ohio public employees deferred	4548
compensation board, a municipal corporation, or a government unit,	4549
as defined in section 148.06 of the Revised Code. The written	4550
notice shall specifically identify the person charged.	4551

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	4552
Revised Code:	4553

(A) "Beneficial interest" means any of the following:

4554

(1) The interest of a person as a beneficiary under a trust	4555
in which the trustee holds title to personal or real property;	4556

(2) The interest of a person as a beneficiary under any other	4557
trust arrangement under which any other person holds title to	4558
personal or real property for the benefit of such person;	4559

(3) The interest of a person under any other form of express	4560
fiduciary arrangement under which any other person holds title to	4561
personal or real property for the benefit of such person.	4562

"Beneficial interest" does not include the interest of a	4563
stockholder in a corporation or the interest of a partner in	4564
either a general or limited partnership.	4565

(B) "Costs of investigation and prosecution" and "costs of	4566
investigation and litigation" mean all of the costs incurred by	4567
the state or a county or municipal corporation under sections	4568
2923.31 to 2923.36 of the Revised Code in the prosecution and	4569
investigation of any criminal action or in the litigation and	4570
investigation of any civil action, and includes, but is not	4571
limited to, the costs of resources and personnel.	4572

(C) "Enterprise" includes any individual, sole	4573
proprietorship, partnership, limited partnership, corporation,	4574
trust, union, government agency, or other legal entity, or any	4575
organization, association, or group of persons associated in fact	4576
although not a legal entity. "Enterprise" includes illicit as well	4577
as licit enterprises.	4578

(D) "Innocent person" includes any bona fide purchaser of	4579
property that is allegedly involved in a violation of section	4580
2923.32 of the Revised Code, including any person who establishes	4581
a valid claim to or interest in the property in accordance with	4582
division (E) of section 2981.04 of the Revised Code, and any	4583
victim of an alleged violation of that section or of any	4584
underlying offense involved in an alleged violation of that	4585
section.	4586

(E) "Pattern of corrupt activity" means two or more incidents	4587
of corrupt activity, whether or not there has been a prior	4588
conviction, that are related to the affairs of the same	4589
enterprise, are not isolated, and are not so closely related to	4590
each other and connected in time and place that they constitute a	4591
single event.	4592

At least one of the incidents forming the pattern shall occur	4593
on or after January 1, 1986. Unless any incident was an aggravated	4594
murder or murder, the last of the incidents forming the pattern	4595
shall occur within six years after the commission of any prior	4596
incident forming the pattern, excluding any period of imprisonment	4597
served by any person engaging in the corrupt activity.	4598

For the purposes of the criminal penalties that may be	4599
imposed pursuant to section 2923.32 of the Revised Code, at least	4600
one of the incidents forming the pattern shall constitute a felony	4601
under the laws of this state in existence at the time it was	4602
committed or, if committed in violation of the laws of the United	4603
States or of any other state, shall constitute a felony under the	4604
law of the United States or the other state and would be a	4605
criminal offense under the law of this state if committed in this	4606
state.	4607

(F) "Pecuniary value" means money, a negotiable instrument, a	4608
commercial interest, or anything of value, as defined in section	4609
1.03 of the Revised Code, or any other property or service that	4610
has a value in excess of one hundred dollars.	4611

(G) "Person" means any person, as defined in section 1.59 of	4612
the Revised Code, and any governmental officer, employee, or	4613
entity.	4614

(H) "Personal property" means any personal property, any	4615
interest in personal property, or any right, including, but not	4616
limited to, bank accounts, debts, corporate stocks, patents, or	4617
copyrights. Personal property and any beneficial interest in	4618
personal property are deemed to be located where the trustee of	4619
the property, the personal property, or the instrument evidencing	4620
the right is located.	4621

(I) "Corrupt activity" means engaging in, attempting to	4622
engage in, conspiring to engage in, or soliciting, coercing, or	4623
intimidating another person to engage in any of the following:	4624

(1) Conduct defined as "racketeering activity" under the	4625
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	4626
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	4627

(2) Conduct constituting any of the following:

4628

(a) A violation of section 1315.55, 1322.02, 2903.01,	4629
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	4630
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	4631
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	4632
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	4633
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	4634
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	4635
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	4636
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	4637
section 1707.44; division (A)(1) or (2) of section 2923.20;	4638
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	4639
4719.06; division (C), (D), or (E) of section 4719.07; section	4640
4719.08; or division (A) of section 4719.09 of the Revised Code.	4641

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	4642
3769.19 of the Revised Code as it existed prior to July 1, 1996,	4643
any violation of section 2915.02 of the Revised Code that occurs	4644
on or after July 1, 1996, and that, had it occurred prior to that	4645
date, would have been a violation of section 3769.11 of the	4646
Revised Code as it existed prior to that date, or any violation of	4647
section 2915.05 of the Revised Code that occurs on or after July	4648
1, 1996, and that, had it occurred prior to that date, would have	4649
been a violation of section 3769.15, 3769.16, or 3769.19 of the	4650
Revised Code as it existed prior to that date.	4651

(c) Any violation of section 2907.21, 2907.22, 2907.31,	4652
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	4653
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	4654
of the Revised Code, any violation of section 2925.11 of the	4655
Revised Code that is a felony of the first, second, third, or	4656
fourth degree and that occurs on or after July 1, 1996, any	4657
violation of section 2915.02 of the Revised Code that occurred	4658
prior to July 1, 1996, any violation of section 2915.02 of the	4659
Revised Code that occurs on or after July 1, 1996, and that, had	4660
it occurred prior to that date, would not have been a violation of	4661
section 3769.11 of the Revised Code as it existed prior to that	4662
date, any violation of section 2915.06 of the Revised Code as it	4663
existed prior to July 1, 1996, or any violation of division (B) of	4664
section 2915.05 of the Revised Code as it exists on and after July	4665
1, 1996, when the proceeds of the violation, the payments made in	4666
the violation, the amount of a claim for payment or for any other	4667
benefit that is false or deceptive and that is involved in the	4668
violation, or the value of the contraband or other property	4669
illegally possessed, sold, or purchased in the violation exceeds	4670
~~five hundred~~one thousand dollars, or any combination of	4671
violations described in division (I)(2)(c) of this section when	4672
the total proceeds of the combination of violations, payments made	4673
in the combination of violations, amount of the claims for payment	4674
or for other benefits that is false or deceptive and that is	4675
involved in the combination of violations, or value of the	4676
contraband or other property illegally possessed, sold, or	4677
purchased in the combination of violations exceeds ~~five hundred~~	4678
one thousand dollars;	4679

(d) Any violation of section 5743.112 of the Revised Code	4680
when the amount of unpaid tax exceeds one hundred dollars;	4681

(e) Any violation or combination of violations of section	4682
2907.32 of the Revised Code involving any material or performance	4683
containing a display of bestiality or of sexual conduct, as	4684
defined in section 2907.01 of the Revised Code, that is explicit	4685
and depicted with clearly visible penetration of the genitals or	4686
clearly visible penetration by the penis of any orifice when the	4687
total proceeds of the violation or combination of violations, the	4688
payments made in the violation or combination of violations, or	4689
the value of the contraband or other property illegally possessed,	4690
sold, or purchased in the violation or combination of violations	4691
exceeds ~~five hundred~~one thousand dollars;	4692

(f) Any combination of violations described in division	4693
(I)(2)(c) of this section and violations of section 2907.32 of the	4694
Revised Code involving any material or performance containing a	4695
display of bestiality or of sexual conduct, as defined in section	4696
2907.01 of the Revised Code, that is explicit and depicted with	4697
clearly visible penetration of the genitals or clearly visible	4698
penetration by the penis of any orifice when the total proceeds of	4699
the combination of violations, payments made in the combination of	4700
violations, amount of the claims for payment or for other benefits	4701
that is false or deceptive and that is involved in the combination	4702
of violations, or value of the contraband or other property	4703
illegally possessed, sold, or purchased in the combination of	4704
violations exceeds ~~five hundred~~one thousand dollars;	4705

(g) Any violation of section 2905.32 of the Revised Code to	4706
the extent the violation is not based solely on the same conduct	4707
that constitutes corrupt activity pursuant to division (I)(2)(c)	4708
of this section due to the conduct being in violation of section	4709
2907.21 of the Revised Code.	4710

(3) Conduct constituting a violation of any law of any state	4711
other than this state that is substantially similar to the conduct	4712
described in division (I)(2) of this section, provided the	4713
defendant was convicted of the conduct in a criminal proceeding in	4714
the other state;	4715

(4) Animal or ecological terrorism;

4716

(5)(a) Conduct constituting any of the following:

4717

(i) Organized retail theft;

4718

(ii) Conduct that constitutes one or more violations of any	4719
law of any state other than this state, that is substantially	4720
similar to organized retail theft, and that if committed in this	4721
state would be organized retail theft, if the defendant was	4722
convicted of or pleaded guilty to the conduct in a criminal	4723
proceeding in the other state.	4724

(b) By enacting division (I)(5)(a) of this section, it is the	4725
intent of the general assembly to add organized retail theft and	4726
the conduct described in division (I)(5)(a)(ii) of this section as	4727
conduct constituting corrupt activity. The enactment of division	4728
(I)(5)(a) of this section and the addition by division (I)(5)(a)	4729
of this section of organized retail theft and the conduct	4730
described in division (I)(5)(a)(ii) of this section as conduct	4731
constituting corrupt activity does not limit or preclude, and	4732
shall not be construed as limiting or precluding, any prosecution	4733
for a violation of section 2923.32 of the Revised Code that is	4734
based on one or more violations of section 2913.02 or 2913.51 of	4735
the Revised Code, one or more similar offenses under the laws of	4736
this state or any other state, or any combination of any of those	4737
violations or similar offenses, even though the conduct	4738
constituting the basis for those violations or offenses could be	4739
construed as also constituting organized retail theft or conduct	4740
of the type described in division (I)(5)(a)(ii) of this section.	4741

(J) "Real property" means any real property or any interest	4742
in real property, including, but not limited to, any lease of, or	4743
mortgage upon, real property. Real property and any beneficial	4744
interest in it is deemed to be located where the real property is	4745
located.	4746

(K) "Trustee" means any of the following:

4747

(1) Any person acting as trustee under a trust in which the	4748
trustee holds title to personal or real property;	4749

(2) Any person who holds title to personal or real property	4750
for which any other person has a beneficial interest;	4751

(3) Any successor trustee.

4752

"Trustee" does not include an assignee or trustee for an	4753
insolvent debtor or an executor, administrator, administrator with	4754
the will annexed, testamentary trustee, guardian, or committee,	4755
appointed by, under the control of, or accountable to a court.	4756

(L) "Unlawful debt" means any money or other thing of value	4757
constituting principal or interest of a debt that is legally	4758
unenforceable in this state in whole or in part because the debt	4759
was incurred or contracted in violation of any federal or state	4760
law relating to the business of gambling activity or relating to	4761
the business of lending money at an usurious rate unless the	4762
creditor proves, by a preponderance of the evidence, that the	4763
usurious rate was not intentionally set and that it resulted from	4764
a good faith error by the creditor, notwithstanding the	4765
maintenance of procedures that were adopted by the creditor to	4766
avoid an error of that nature.	4767

(M) "Animal activity" means any activity that involves the	4768
use of animals or animal parts, including, but not limited to,	4769
hunting, fishing, trapping, traveling, camping, the production,	4770
preparation, or processing of food or food products, clothing or	4771
garment manufacturing, medical research, other research,	4772
entertainment, recreation, agriculture, biotechnology, or service	4773
activity that involves the use of animals or animal parts.	4774

(N) "Animal facility" means a vehicle, building, structure,	4775
nature preserve, or other premises in which an animal is lawfully	4776
kept, handled, housed, exhibited, bred, or offered for sale,	4777
including, but not limited to, a zoo, rodeo, circus, amusement	4778
park, hunting preserve, or premises in which a horse or dog event	4779
is held.	4780

(O) "Animal or ecological terrorism" means the commission of	4781
any felony that involves causing or creating a substantial risk of	4782
physical harm to any property of another, the use of a deadly	4783
weapon or dangerous ordnance, or purposely, knowingly, or	4784
recklessly causing serious physical harm to property and that	4785
involves an intent to obstruct, impede, or deter any person from	4786
participating in a lawful animal activity, from mining, foresting,	4787
harvesting, gathering, or processing natural resources, or from	4788
being lawfully present in or on an animal facility or research	4789
facility.	4790

(P) "Research facility" means a place, laboratory,	4791
institution, medical care facility, government facility, or public	4792
or private educational institution in which a scientific test,	4793
experiment, or investigation involving the use of animals or other	4794
living organisms is lawfully carried out, conducted, or attempted.	4795

(Q) "Organized retail theft" means the theft of retail	4796
property with a retail value of ~~five hundred~~one thousand dollars	4797
or more from one or more retail establishments with the intent to	4798
sell, deliver, or transfer that property to a retail property	4799
fence.	4800

(R) "Retail property" means any tangible personal property	4801
displayed, held, stored, or offered for sale in or by a retail	4802
establishment.	4803

(S) "Retail property fence" means a person who possesses,	4804
procures, receives, or conceals retail property that was	4805
represented to the person as being stolen or that the person knows	4806
or believes to be stolen.	4807

(T) "Retail value" means the full retail value of the retail	4808
property. In determining whether the retail value of retail	4809
property equals or exceeds ~~five hundred~~one thousand dollars, the	4810
value of all retail property stolen from the retail establishment	4811
or retail establishments by the same person or persons within any	4812
one-hundred-eighty-day period shall be aggregated.	4813

Sec. 2925.01. As used in this chapter:

4814

(A) "Administer," "controlled substance," "dispense,"	4815
"distribute," "hypodermic," "manufacturer," "official written	4816
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	4817
"schedule II," "schedule III," "schedule IV," "schedule V," and	4818
"wholesaler" have the same meanings as in section 3719.01 of the	4819
Revised Code.	4820

(B) "Drug dependent person" and "drug of abuse" have the same	4821
meanings as in section 3719.011 of the Revised Code.	4822

(C) "Drug," "dangerous drug," "licensed health professional	4823
authorized to prescribe drugs," and "prescription" have the same	4824
meanings as in section 4729.01 of the Revised Code.	4825

(D) "Bulk amount" of a controlled substance means any of the	4826
following:	4827

(1) For any compound, mixture, preparation, or substance	4828
included in schedule I, schedule II, or schedule III, with the	4829
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	4830
except as provided in division (D)(2) or (5) of this section,	4831
whichever of the following is applicable:	4832

(a) An amount equal to or exceeding ten grams or twenty-five	4833
unit doses of a compound, mixture, preparation, or substance that	4834
is or contains any amount of a schedule I opiate or opium	4835
derivative;	4836

(b) An amount equal to or exceeding ten grams of a compound,	4837
mixture, preparation, or substance that is or contains any amount	4838
of raw or gum opium;	4839

(c) An amount equal to or exceeding thirty grams or ten unit	4840
doses of a compound, mixture, preparation, or substance that is or	4841
contains any amount of a schedule I hallucinogen other than	4842
tetrahydrocannabinol or lysergic acid amide, or a schedule I	4843
stimulant or depressant;	4844

(d) An amount equal to or exceeding twenty grams or five	4845
times the maximum daily dose in the usual dose range specified in	4846
a standard pharmaceutical reference manual of a compound, mixture,	4847
preparation, or substance that is or contains any amount of a	4848
schedule II opiate or opium derivative;	4849

(e) An amount equal to or exceeding five grams or ten unit	4850
doses of a compound, mixture, preparation, or substance that is or	4851
contains any amount of phencyclidine;	4852

(f) An amount equal to or exceeding one hundred twenty grams	4853
or thirty times the maximum daily dose in the usual dose range	4854
specified in a standard pharmaceutical reference manual of a	4855
compound, mixture, preparation, or substance that is or contains	4856
any amount of a schedule II stimulant that is in a final dosage	4857
form manufactured by a person authorized by the "Federal Food,	4858
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	4859
amended, and the federal drug abuse control laws, as defined in	4860
section 3719.01 of the Revised Code, that is or contains any	4861
amount of a schedule II depressant substance or a schedule II	4862
hallucinogenic substance;	4863

(g) An amount equal to or exceeding three grams of a	4864
compound, mixture, preparation, or substance that is or contains	4865
any amount of a schedule II stimulant, or any of its salts or	4866
isomers, that is not in a final dosage form manufactured by a	4867
person authorized by the Federal Food, Drug, and Cosmetic Act and	4868
the federal drug abuse control laws.	4869

(2) An amount equal to or exceeding one hundred twenty grams	4870
or thirty times the maximum daily dose in the usual dose range	4871
specified in a standard pharmaceutical reference manual of a	4872
compound, mixture, preparation, or substance that is or contains	4873
any amount of a schedule III or IV substance other than an	4874
anabolic steroid or a schedule III opiate or opium derivative;	4875

(3) An amount equal to or exceeding twenty grams or five	4876
times the maximum daily dose in the usual dose range specified in	4877
a standard pharmaceutical reference manual of a compound, mixture,	4878
preparation, or substance that is or contains any amount of a	4879
schedule III opiate or opium derivative;	4880

(4) An amount equal to or exceeding two hundred fifty	4881
milliliters or two hundred fifty grams of a compound, mixture,	4882
preparation, or substance that is or contains any amount of a	4883
schedule V substance;	4884

(5) An amount equal to or exceeding two hundred solid dosage	4885
units, sixteen grams, or sixteen milliliters of a compound,	4886
mixture, preparation, or substance that is or contains any amount	4887
of a schedule III anabolic steroid.	4888

(E) "Unit dose" means an amount or unit of a compound,	4889
mixture, or preparation containing a controlled substance that is	4890
separately identifiable and in a form that indicates that it is	4891
the amount or unit by which the controlled substance is separately	4892
administered to or taken by an individual.	4893

(F) "Cultivate" includes planting, watering, fertilizing, or	4894
tilling.	4895

(G) "Drug abuse offense" means any of the following:

4896

(1) A violation of division (A) of section 2913.02 that	4897
constitutes theft of drugs, or a violation of section 2925.02,	4898
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	4899
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	4900
2925.37 of the Revised Code;	4901

(2) A violation of an existing or former law of this or any	4902
other state or of the United States that is substantially	4903
equivalent to any section listed in division (G)(1) of this	4904
section;	4905

(3) An offense under an existing or former law of this or any	4906
other state, or of the United States, of which planting,	4907
cultivating, harvesting, processing, making, manufacturing,	4908
producing, shipping, transporting, delivering, acquiring,	4909
possessing, storing, distributing, dispensing, selling, inducing	4910
another to use, administering to another, using, or otherwise	4911
dealing with a controlled substance is an element;	4912

(4) A conspiracy to commit, attempt to commit, or complicity	4913
in committing or attempting to commit any offense under division	4914
(G)(1), (2), or (3) of this section.	4915

(H) "Felony drug abuse offense" means any drug abuse offense	4916
that would constitute a felony under the laws of this state, any	4917
other state, or the United States.	4918

(I) "Harmful intoxicant" does not include beer or	4919
intoxicating liquor but means any of the following:	4920

(1) Any compound, mixture, preparation, or substance the gas,	4921
fumes, or vapor of which when inhaled can induce intoxication,	4922
excitement, giddiness, irrational behavior, depression,	4923
stupefaction, paralysis, unconsciousness, asphyxiation, or other	4924
harmful physiological effects, and includes, but is not limited	4925
to, any of the following:	4926

(a) Any volatile organic solvent, plastic cement, model	4927
cement, fingernail polish remover, lacquer thinner, cleaning	4928
fluid, gasoline, or other preparation containing a volatile	4929
organic solvent;	4930

(b) Any aerosol propellant;

4931

4932

(d) Any anesthetic gas.

4933

(2) Gamma Butyrolactone;

4934

(3) 1,4 Butanediol.

4935

(J) "Manufacture" means to plant, cultivate, harvest,	4936
process, make, prepare, or otherwise engage in any part of the	4937
production of a drug, by propagation, extraction, chemical	4938
synthesis, or compounding, or any combination of the same, and	4939
includes packaging, repackaging, labeling, and other activities	4940
incident to production.	4941

(K) "Possess" or "possession" means having control over a	4942
thing or substance, but may not be inferred solely from mere	4943
access to the thing or substance through ownership or occupation	4944
of the premises upon which the thing or substance is found.	4945

(L) "Sample drug" means a drug or pharmaceutical preparation	4946
that would be hazardous to health or safety if used without the	4947
supervision of a licensed health professional authorized to	4948
prescribe drugs, or a drug of abuse, and that, at one time, had	4949
been placed in a container plainly marked as a sample by a	4950
manufacturer.	4951

(M) "Standard pharmaceutical reference manual" means the	4952
current edition, with cumulative changes if any, of any of the	4953
following reference works:	4954

(1) "The National Formulary";

4955

(2) "The United States Pharmacopeia," prepared by authority	4956
of the United States Pharmacopeial Convention, Inc.;	4957

(3) Other standard references that are approved by the state	4958
board of pharmacy.	4959

(N) "Juvenile" means a person under eighteen years of age.

4960

(O) "Counterfeit controlled substance" means any of the	4961
following:	4962

(1) Any drug that bears, or whose container or label bears, a	4963
trademark, trade name, or other identifying mark used without	4964
authorization of the owner of rights to that trademark, trade	4965
name, or identifying mark;	4966

(2) Any unmarked or unlabeled substance that is represented	4967
to be a controlled substance manufactured, processed, packed, or	4968
distributed by a person other than the person that manufactured,	4969
processed, packed, or distributed it;	4970

(3) Any substance that is represented to be a controlled	4971
substance but is not a controlled substance or is a different	4972
controlled substance;	4973

(4) Any substance other than a controlled substance that a	4974
reasonable person would believe to be a controlled substance	4975
because of its similarity in shape, size, and color, or its	4976
markings, labeling, packaging, distribution, or the price for	4977
which it is sold or offered for sale.	4978

(P) An offense is "committed in the vicinity of a school" if	4979
the offender commits the offense on school premises, in a school	4980
building, or within one thousand feet of the boundaries of any	4981
school premises, regardless of whether the offender knows the	4982
offense is being committed on school premises, in a school	4983
building, or within one thousand feet of the boundaries of any	4984
school premises.	4985

(Q) "School" means any school operated by a board of	4986
education, any community school established under Chapter 3314. of	4987
the Revised Code, or any nonpublic school for which the state	4988
board of education prescribes minimum standards under section	4989
3301.07 of the Revised Code, whether or not any instruction,	4990
extracurricular activities, or training provided by the school is	4991
being conducted at the time a criminal offense is committed.	4992

(R) "School premises" means either of the following:

4993

(1) The parcel of real property on which any school is	4994
situated, whether or not any instruction, extracurricular	4995
activities, or training provided by the school is being conducted	4996
on the premises at the time a criminal offense is committed;	4997

(2) Any other parcel of real property that is owned or leased	4998
by a board of education of a school, the governing authority of a	4999
community school established under Chapter 3314. of the Revised	5000
Code, or the governing body of a nonpublic school for which the	5001
state board of education prescribes minimum standards under	5002
section 3301.07 of the Revised Code and on which some of the	5003
instruction, extracurricular activities, or training of the school	5004
is conducted, whether or not any instruction, extracurricular	5005
activities, or training provided by the school is being conducted	5006
on the parcel of real property at the time a criminal offense is	5007
committed.	5008

(S) "School building" means any building in which any of the	5009
instruction, extracurricular activities, or training provided by a	5010
school is conducted, whether or not any instruction,	5011
extracurricular activities, or training provided by the school is	5012
being conducted in the school building at the time a criminal	5013
offense is committed.	5014

(T) "Disciplinary counsel" means the disciplinary counsel	5015
appointed by the board of commissioners on grievances and	5016
discipline of the supreme court under the Rules for the Government	5017
of the Bar of Ohio.	5018

(U) "Certified grievance committee" means a duly constituted	5019
and organized committee of the Ohio state bar association or of	5020
one or more local bar associations of the state of Ohio that	5021
complies with the criteria set forth in Rule V, section 6 of the	5022
Rules for the Government of the Bar of Ohio.	5023

(V) "Professional license" means any license, permit,	5024
certificate, registration, qualification, admission, temporary	5025
license, temporary permit, temporary certificate, or temporary	5026
registration that is described in divisions (W)(1) to (36) of this	5027
section and that qualifies a person as a professionally licensed	5028
person.	5029

(W) "Professionally licensed person" means any of the	5030
following:	5031

(1) A person who has obtained a license as a manufacturer of	5032
controlled substances or a wholesaler of controlled substances	5033
under Chapter 3719. of the Revised Code;	5034

(2) A person who has received a certificate or temporary	5035
certificate as a certified public accountant or who has registered	5036
as a public accountant under Chapter 4701. of the Revised Code and	5037
who holds an Ohio permit issued under that chapter;	5038

(3) A person who holds a certificate of qualification to	5039
practice architecture issued or renewed and registered under	5040
Chapter 4703. of the Revised Code;	5041

(4) A person who is registered as a landscape architect under	5042
Chapter 4703. of the Revised Code or who holds a permit as a	5043
landscape architect issued under that chapter;	5044

(5) A person licensed under Chapter 4707. of the Revised	5045
Code;	5046

(6) A person who has been issued a certificate of	5047
registration as a registered barber under Chapter 4709. of the	5048
Revised Code;	5049

(7) A person licensed and regulated to engage in the business	5050
of a debt pooling company by a legislative authority, under	5051
authority of Chapter 4710. of the Revised Code;	5052

(8) A person who has been issued a cosmetologist's license,	5053
hair designer's license, manicurist's license, esthetician's	5054
license, natural hair stylist's license, managing cosmetologist's	5055
license, managing hair designer's license, managing manicurist's	5056
license, managing esthetician's license, managing natural hair	5057
stylist's license, cosmetology instructor's license, hair design	5058
instructor's license, manicurist instructor's license, esthetics	5059
instructor's license, natural hair style instructor's license,	5060
independent contractor's license, or tanning facility permit under	5061
Chapter 4713. of the Revised Code;	5062

(9) A person who has been issued a license to practice	5063
dentistry, a general anesthesia permit, a conscious intravenous	5064
sedation permit, a limited resident's license, a limited teaching	5065
license, a dental hygienist's license, or a dental hygienist's	5066
teacher's certificate under Chapter 4715. of the Revised Code;	5067

(10) A person who has been issued an embalmer's license, a	5068
funeral director's license, a funeral home license, or a crematory	5069
license, or who has been registered for an embalmer's or funeral	5070
director's apprenticeship under Chapter 4717. of the Revised Code;	5071

(11) A person who has been licensed as a registered nurse or	5072
practical nurse, or who has been issued a certificate for the	5073
practice of nurse-midwifery under Chapter 4723. of the Revised	5074
Code;	5075

(12) A person who has been licensed to practice optometry or	5076
to engage in optical dispensing under Chapter 4725. of the Revised	5077
Code;	5078

(13) A person licensed to act as a pawnbroker under Chapter	5079
4727. of the Revised Code;	5080

(14) A person licensed to act as a precious metals dealer	5081
under Chapter 4728. of the Revised Code;	5082

(15) A person licensed as a pharmacist, a pharmacy intern, a	5083
wholesale distributor of dangerous drugs, or a terminal	5084
distributor of dangerous drugs under Chapter 4729. of the Revised	5085
Code;	5086

(16) A person who is authorized to practice as a physician	5087
assistant under Chapter 4730. of the Revised Code;	5088

(17) A person who has been issued a certificate to practice	5089
medicine and surgery, osteopathic medicine and surgery, a limited	5090
branch of medicine, or podiatry under Chapter 4731. of the Revised	5091
Code;	5092

(18) A person licensed as a psychologist or school	5093
psychologist under Chapter 4732. of the Revised Code;	5094

(19) A person registered to practice the profession of	5095
engineering or surveying under Chapter 4733. of the Revised Code;	5096

(20) A person who has been issued a license to practice	5097
chiropractic under Chapter 4734. of the Revised Code;	5098

(21) A person licensed to act as a real estate broker or real	5099
estate salesperson under Chapter 4735. of the Revised Code;	5100

(22) A person registered as a registered sanitarian under	5101
Chapter 4736. of the Revised Code;	5102

(23) A person licensed to operate or maintain a junkyard	5103
under Chapter 4737. of the Revised Code;	5104

(24) A person who has been issued a motor vehicle salvage	5105
dealer's license under Chapter 4738. of the Revised Code;	5106

(25) A person who has been licensed to act as a steam	5107
engineer under Chapter 4739. of the Revised Code;	5108

(26) A person who has been issued a license or temporary	5109
permit to practice veterinary medicine or any of its branches, or	5110
who is registered as a graduate animal technician under Chapter	5111
4741. of the Revised Code;	5112

(27) A person who has been issued a hearing aid dealer's or	5113
fitter's license or trainee permit under Chapter 4747. of the	5114
Revised Code;	5115

(28) A person who has been issued a class A, class B, or	5116
class C license or who has been registered as an investigator or	5117
security guard employee under Chapter 4749. of the Revised Code;	5118

(29) A person licensed and registered to practice as a	5119
nursing home administrator under Chapter 4751. of the Revised	5120
Code;	5121

(30) A person licensed to practice as a speech-language	5122
pathologist or audiologist under Chapter 4753. of the Revised	5123
Code;	5124

(31) A person issued a license as an occupational therapist	5125
or physical therapist under Chapter 4755. of the Revised Code;	5126

(32) A person who is licensed as a professional clinical	5127
counselor or professional counselor, licensed as a social worker	5128
or independent social worker, or registered as a social work	5129
assistant under Chapter 4757. of the Revised Code;	5130

(33) A person issued a license to practice dietetics under	5131
Chapter 4759. of the Revised Code;	5132

(34) A person who has been issued a license or limited permit	5133
to practice respiratory therapy under Chapter 4761. of the Revised	5134
Code;	5135

(35) A person who has been issued a real estate appraiser	5136
certificate under Chapter 4763. of the Revised Code;	5137

(36) A person who has been admitted to the bar by order of	5138
the supreme court in compliance with its prescribed and published	5139
rules.	5140

(X) "Cocaine" means any of the following:

5141

(1) A cocaine salt, isomer, or derivative, a salt of a	5142
cocaine isomer or derivative, or the base form of cocaine;	5143

(2) Coca leaves or a salt, compound, derivative, or	5144
preparation of coca leaves, including ecgonine, a salt, isomer, or	5145
derivative of ecgonine, or a salt of an isomer or derivative of	5146
ecgonine;	5147

(3) A salt, compound, derivative, or preparation of a	5148
substance identified in division (X)(1) or (2) of this section	5149
that is chemically equivalent to or identical with any of those	5150
substances, except that the substances shall not include	5151
decocainized coca leaves or extraction of coca leaves if the	5152
extractions do not contain cocaine or ecgonine.	5153

(Y) "L.S.D." means lysergic acid diethylamide.

5154

(Z) "Hashish" means the resin or a preparation of the resin	5155
contained in marihuana, whether in solid form or in a liquid	5156
concentrate, liquid extract, or liquid distillate form.	5157

(AA) "Marihuana" has the same meaning as in section 3719.01	5158
of the Revised Code, except that it does not include hashish.	5159

(BB) An offense is "committed in the vicinity of a juvenile"	5160
if the offender commits the offense within one hundred feet of a	5161
juvenile or within the view of a juvenile, regardless of whether	5162
the offender knows the age of the juvenile, whether the offender	5163
knows the offense is being committed within one hundred feet of or	5164
within view of the juvenile, or whether the juvenile actually	5165
views the commission of the offense.	5166

(CC) "Presumption for a prison term" or "presumption that a	5167
prison term shall be imposed" means a presumption, as described in	5168
division (D) of section 2929.13 of the Revised Code, that a prison	5169
term is a necessary sanction for a felony in order to comply with	5170
the purposes and principles of sentencing under section 2929.11 of	5171
the Revised Code.	5172

(DD) "Major drug offender" has the same meaning as in section	5173
2929.01 of the Revised Code.	5174

(EE) "Minor drug possession offense" means either of the	5175
following:	5176

(1) A violation of section 2925.11 of the Revised Code as it	5177
existed prior to July 1, 1996;	5178

(2) A violation of section 2925.11 of the Revised Code as it	5179
exists on and after July 1, 1996, that is a misdemeanor or a	5180
felony of the fifth degree.	5181

(FF) "Mandatory prison term" has the same meaning as in	5182
section 2929.01 of the Revised Code.	5183

(GG) ~~"Crack cocaine" means a compound, mixture, preparation,~~	5184
~~or substance that is or contains any amount of cocaine that is~~	5185
~~analytically identified as the base form of cocaine or that is in~~	5186
~~a form that resembles rocks or pebbles generally intended for~~	5187
~~individual use.~~	5188

~~(HH)~~ "Adulterate" means to cause a drug to be adulterated as	5189
described in section 3715.63 of the Revised Code.	5190

~~(II)~~(HH) "Public premises" means any hotel, restaurant,	5191
tavern, store, arena, hall, or other place of public	5192
accommodation, business, amusement, or resort.	5193

~~(JJ)~~(II) "Methamphetamine" means methamphetamine, any salt,	5194
isomer, or salt of an isomer of methamphetamine, or any compound,	5195
mixture, preparation, or substance containing methamphetamine or	5196
any salt, isomer, or salt of an isomer of methamphetamine.	5197

~~(KK)~~(JJ) "Lawful prescription" means a prescription that is	5198
issued for a legitimate medical purpose by a licensed health	5199
professional authorized to prescribe drugs, that is not altered or	5200
forged, and that was not obtained by means of deception or by the	5201
commission of any theft offense.	5202

~~(LL)~~(KK) "Deception" and "theft offense" have the same	5203
meanings as in section 2913.01 of the Revised Code.	5204

Sec. 2925.03. (A) No person shall knowingly do any of the	5205
following:	5206

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

5207

(2) Prepare for shipment, ship, transport, deliver, prepare	5208
for distribution, or distribute a controlled substance, when the	5209
offender knows or has reasonable cause to believe that the	5210
controlled substance is intended for sale or resale by the	5211
offender or another person.	5212

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

5213

(1) Manufacturers, licensed health professionals authorized	5214
to prescribe drugs, pharmacists, owners of pharmacies, and other	5215
persons whose conduct is in accordance with Chapters 3719., 4715.,	5216
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	5217

(2) If the offense involves an anabolic steroid, any person	5218
who is conducting or participating in a research project involving	5219
the use of an anabolic steroid if the project has been approved by	5220
the United States food and drug administration;	5221

(3) Any person who sells, offers for sale, prescribes,	5222
dispenses, or administers for livestock or other nonhuman species	5223
an anabolic steroid that is expressly intended for administration	5224
through implants to livestock or other nonhuman species and	5225
approved for that purpose under the "Federal Food, Drug, and	5226
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	5227
and is sold, offered for sale, prescribed, dispensed, or	5228
administered for that purpose in accordance with that act.	5229

(C) Whoever violates division (A) of this section is guilty	5230
of one of the following:	5231

(1) If the drug involved in the violation is any compound,	5232
mixture, preparation, or substance included in schedule I or	5233
schedule II, with the exception of marihuana, cocaine, L.S.D.,	5234
heroin, and hashish, whoever violates division (A) of this section	5235
is guilty of aggravated trafficking in drugs. The penalty for the	5236
offense shall be determined as follows:	5237

(a) Except as otherwise provided in division (C)(1)(b), (c),	5238
(d), (e), or (f) of this section, aggravated trafficking in drugs	5239
is a felony of the fourth degree, and division (C) of section	5240
2929.13 of the Revised Code applies in determining whether to	5241
impose a prison term on the offender.	5242

(b) Except as otherwise provided in division (C)(1)(c), (d),	5243
(e), or (f) of this section, if the offense was committed in the	5244
vicinity of a school or in the vicinity of a juvenile, aggravated	5245
trafficking in drugs is a felony of the third degree, and division	5246
(C) of section 2929.13 of the Revised Code applies in determining	5247
whether to impose a prison term on the offender.	5248

(c) Except as otherwise provided in this division, if the	5249
amount of the drug involved equals or exceeds the bulk amount but	5250
is less than five times the bulk amount, aggravated trafficking in	5251
drugs is a felony of the third degree, and the court shall impose	5252
as a mandatory prison term one of the prison terms prescribed for	5253
a felony of the third degree. If the amount of the drug involved	5254
is within that range and if the offense was committed in the	5255
vicinity of a school or in the vicinity of a juvenile, aggravated	5256
trafficking in drugs is a felony of the second degree, and the	5257
court shall impose as a mandatory prison term one of the prison	5258
terms prescribed for a felony of the second degree.	5259

(d) Except as otherwise provided in this division, if the	5260
amount of the drug involved equals or exceeds five times the bulk	5261
amount but is less than fifty times the bulk amount, aggravated	5262
trafficking in drugs is a felony of the second degree, and the	5263
court shall impose as a mandatory prison term one of the prison	5264
terms prescribed for a felony of the second degree. If the amount	5265
of the drug involved is within that range and if the offense was	5266
committed in the vicinity of a school or in the vicinity of a	5267
juvenile, aggravated trafficking in drugs is a felony of the first	5268
degree, and the court shall impose as a mandatory prison term one	5269
of the prison terms prescribed for a felony of the first degree.	5270

(e) If the amount of the drug involved equals or exceeds	5271
fifty times the bulk amount but is less than one hundred times the	5272
bulk amount and regardless of whether the offense was committed in	5273
the vicinity of a school or in the vicinity of a juvenile,	5274
aggravated trafficking in drugs is a felony of the first degree,	5275
and the court shall impose as a mandatory prison term one of the	5276
prison terms prescribed for a felony of the first degree.	5277

(f) If the amount of the drug involved equals or exceeds one	5278
hundred times the bulk amount and regardless of whether the	5279
offense was committed in the vicinity of a school or in the	5280
vicinity of a juvenile, aggravated trafficking in drugs is a	5281
felony of the first degree, the offender is a major drug offender,	5282
and the court shall impose as a mandatory prison term the maximum	5283
prison term prescribed for a felony of the first degree and may	5284
impose an additional prison term prescribed for a major drug	5285
offender under division (D)(3)(b) of section 2929.14 of the	5286
Revised Code.	5287

(2) If the drug involved in the violation is any compound,	5288
mixture, preparation, or substance included in schedule III, IV,	5289
or V, whoever violates division (A) of this section is guilty of	5290
trafficking in drugs. The penalty for the offense shall be	5291
determined as follows:	5292

(a) Except as otherwise provided in division (C)(2)(b), (c),	5293
(d), or (e) of this section, trafficking in drugs is a felony of	5294
the fifth degree, and division (C) of section 2929.13 of the	5295
Revised Code applies in determining whether to impose a prison	5296
term on the offender.	5297

(b) Except as otherwise provided in division (C)(2)(c), (d),	5298
or (e) of this section, if the offense was committed in the	5299
vicinity of a school or in the vicinity of a juvenile, trafficking	5300
in drugs is a felony of the fourth degree, and division (C) of	5301
section 2929.13 of the Revised Code applies in determining whether	5302
to impose a prison term on the offender.	5303

(c) Except as otherwise provided in this division, if the	5304
amount of the drug involved equals or exceeds the bulk amount but	5305
is less than five times the bulk amount, trafficking in drugs is a	5306
felony of the fourth degree, and there is a presumption for a	5307
prison term for the offense. If the amount of the drug involved is	5308
within that range and if the offense was committed in the vicinity	5309
of a school or in the vicinity of a juvenile, trafficking in drugs	5310
is a felony of the third degree, and there is a presumption for a	5311
prison term for the offense.	5312

(d) Except as otherwise provided in this division, if the	5313
amount of the drug involved equals or exceeds five times the bulk	5314
amount but is less than fifty times the bulk amount, trafficking	5315
in drugs is a felony of the third degree, and there is a	5316
presumption for a prison term for the offense. If the amount of	5317
the drug involved is within that range and if the offense was	5318
committed in the vicinity of a school or in the vicinity of a	5319
juvenile, trafficking in drugs is a felony of the second degree,	5320
and there is a presumption for a prison term for the offense.	5321

(e) Except as otherwise provided in this division, if the	5322
amount of the drug involved equals or exceeds fifty times the bulk	5323
amount, trafficking in drugs is a felony of the second degree, and	5324
the court shall impose as a mandatory prison term one of the	5325
prison terms prescribed for a felony of the second degree. If the	5326
amount of the drug involved equals or exceeds fifty times the bulk	5327
amount and if the offense was committed in the vicinity of a	5328
school or in the vicinity of a juvenile, trafficking in drugs is a	5329
felony of the first degree, and the court shall impose as a	5330
mandatory prison term one of the prison terms prescribed for a	5331
felony of the first degree.	5332

(3) If the drug involved in the violation is marihuana or a	5333
compound, mixture, preparation, or substance containing marihuana	5334
other than hashish, whoever violates division (A) of this section	5335
is guilty of trafficking in marihuana. The penalty for the offense	5336
shall be determined as follows:	5337

(a) Except as otherwise provided in division (C)(3)(b), (c),	5338
(d), (e), (f), or (g), or (h) of this section, trafficking in	5339
marihuana is a felony of the fifth degree, and division ~~(C)~~(B) of	5340
section 2929.13 of the Revised Code applies in determining whether	5341
to impose a prison term on the offender.	5342

(b) Except as otherwise provided in division (C)(3)(c), (d),	5343
(e), (f), or (g), or (h) of this section, if the offense was	5344
committed in the vicinity of a school or in the vicinity of a	5345
juvenile, trafficking in marihuana is a felony of the fourth	5346
degree, and division ~~(C)~~(B) of section 2929.13 of the Revised Code	5347
applies in determining whether to impose a prison term on the	5348
offender.	5349

(c) Except as otherwise provided in this division, if the	5350
amount of the drug involved equals or exceeds two hundred grams	5351
but is less than one thousand grams, trafficking in marihuana is a	5352
felony of the fourth degree, and division ~~(C)~~(B) of section	5353
2929.13 of the Revised Code applies in determining whether to	5354
impose a prison term on the offender. If the amount of the drug	5355
involved is within that range and if the offense was committed in	5356
the vicinity of a school or in the vicinity of a juvenile,	5357
trafficking in marihuana is a felony of the third degree, and	5358
division (C) of section 2929.13 of the Revised Code applies in	5359
determining whether to impose a prison term on the offender.	5360

(d) Except as otherwise provided in this division, if the	5361
amount of the drug involved equals or exceeds one thousand grams	5362
but is less than five thousand grams, trafficking in marihuana is	5363
a felony of the third degree, and division (C) of section 2929.13	5364
of the Revised Code applies in determining whether to impose a	5365
prison term on the offender. If the amount of the drug involved is	5366
within that range and if the offense was committed in the vicinity	5367
of a school or in the vicinity of a juvenile, trafficking in	5368
marihuana is a felony of the second degree, and there is a	5369
presumption that a prison term shall be imposed for the offense.	5370

(e) Except as otherwise provided in this division, if the	5371
amount of the drug involved equals or exceeds five thousand grams	5372
but is less than twenty thousand grams, trafficking in marihuana	5373
is a felony of the third degree, and there is a presumption that a	5374
prison term shall be imposed for the offense. If the amount of the	5375
drug involved is within that range and if the offense was	5376
committed in the vicinity of a school or in the vicinity of a	5377
juvenile, trafficking in marihuana is a felony of the second	5378
degree, and there is a presumption that a prison term shall be	5379
imposed for the offense.	5380

(f) Except as otherwise provided in this division, if the	5381
amount of the drug involved equals or exceeds twenty thousand	5382
grams but is less than forty thousand grams, trafficking in	5383
marihuana is a felony of the second degree, and the court shall	5384
impose a mandatory prison term of five, six, seven, or eight	5385
years. If the amount of the drug involved is within that range and	5386
if the offense was committed in the vicinity of a school or in the	5387
vicinity of a juvenile, trafficking in marihuana is a felony of	5388
the first degree, and the court shall impose as a mandatory prison	5389
term the maximum prison term prescribed for a felony of the first	5390
degree.	5391

(g) Except as otherwise provided in this division, if the	5392
amount of the drug involved equals or exceeds forty thousand	5393
grams, trafficking in marihuana is a felony of the second degree,	5394
and the court shall impose as a mandatory prison term the maximum	5395
prison term prescribed for a felony of the second degree. If the	5396
amount of the drug involved equals or exceeds ~~twenty~~forty	5397
thousand grams and if the offense was committed in the vicinity of	5398
a school or in the vicinity of a juvenile, trafficking in	5399
marihuana is a felony of the first degree, and the court shall	5400
impose as a mandatory prison term the maximum prison term	5401
prescribed for a felony of the first degree.	5402

~~(g)~~(h) Except as otherwise provided in this division, if the	5403
offense involves a gift of twenty grams or less of marihuana,	5404
trafficking in marihuana is a minor misdemeanor upon a first	5405
offense and a misdemeanor of the third degree upon a subsequent	5406
offense. If the offense involves a gift of twenty grams or less of	5407
marihuana and if the offense was committed in the vicinity of a	5408
school or in the vicinity of a juvenile, trafficking in marihuana	5409
is a misdemeanor of the third degree.	5410

(4) If the drug involved in the violation is cocaine or a	5411
compound, mixture, preparation, or substance containing cocaine,	5412
whoever violates division (A) of this section is guilty of	5413
trafficking in cocaine. The penalty for the offense shall be	5414
determined as follows:	5415

(a) Except as otherwise provided in division (C)(4)(b), (c),	5416
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	5417
felony of the fifth degree, and division (C) of section 2929.13 of	5418
the Revised Code applies in determining whether to impose a prison	5419
term on the offender.	5420

(b) Except as otherwise provided in division (C)(4)(c), (d),	5421
(e), (f), or (g) of this section, if the offense was committed in	5422
the vicinity of a school or in the vicinity of a juvenile,	5423
trafficking in cocaine is a felony of the fourth degree, and	5424
division (C) of section 2929.13 of the Revised Code applies in	5425
determining whether to impose a prison term on the offender.	5426

(c) Except as otherwise provided in this division, if the	5427
amount of the drug involved equals or exceeds five grams but is	5428
less than ten grams of cocaine ~~that is not crack cocaine or equals~~	5429
~~or exceeds one gram but is less than five grams of crack cocaine~~,	5430
trafficking in cocaine is a felony of the fourth degree, and there	5431
is a presumption for a prison term for the offense. If the amount	5432
of the drug involved is within ~~one of those ranges~~that range and	5433
if the offense was committed in the vicinity of a school or in the	5434
vicinity of a juvenile, trafficking in cocaine is a felony of the	5435
third degree, and there is a presumption for a prison term for the	5436
offense.	5437

(d) Except as otherwise provided in this division, if the	5438
amount of the drug involved equals or exceeds ten grams but is	5439
less than ~~one hundred~~twenty grams of cocaine ~~that is not crack~~	5440
~~cocaine or equals or exceeds five grams but is less than ten grams~~	5441
~~of crack cocaine~~, trafficking in cocaine is a felony of the third	5442
degree, and the court shall impose as a mandatory prison term one	5443
of the prison terms prescribed for a felony of the third degree.	5444
If the amount of the drug involved is within ~~one of those ranges~~	5445
that range and if the offense was committed in the vicinity of a	5446
school or in the vicinity of a juvenile, trafficking in cocaine is	5447
a felony of the second degree, and the court shall impose as a	5448
mandatory prison term one of the prison terms prescribed for a	5449
felony of the second degree.	5450

(e) Except as otherwise provided in this division, if the	5451
amount of the drug involved equals or exceeds ~~one hundred~~twenty	5452
grams but is less than ~~five hundred~~twenty-seven grams of cocaine	5453
~~that is not crack cocaine or equals or exceeds ten grams but is~~	5454
~~less than twenty-five grams of crack cocaine~~, trafficking in	5455
cocaine is a felony of the second degree, and the court shall	5456
impose as a mandatory prison term one of the prison terms	5457
prescribed for a felony of the second degree. If the amount of the	5458
drug involved is within ~~one of those ranges~~that range and if the	5459
offense was committed in the vicinity of a school or in the	5460
vicinity of a juvenile, trafficking in cocaine is a felony of the	5461
first degree, and the court shall impose as a mandatory prison	5462
term one of the prison terms prescribed for a felony of the first	5463
degree.	5464

(f) If the amount of the drug involved equals or exceeds ~~five~~	5465
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	5466
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5467
~~twenty-five grams but is less than one hundred grams of crack~~	5468
~~cocaine~~ and regardless of whether the offense was committed in the	5469
vicinity of a school or in the vicinity of a juvenile, trafficking	5470
in cocaine is a felony of the first degree, and the court shall	5471
impose as a mandatory prison term one of the prison terms	5472
prescribed for a felony of the first degree.	5473

(g) If the amount of the drug involved equals or exceeds one	5474
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	5475
~~equals or exceeds one hundred grams of crack cocaine~~ and	5476
regardless of whether the offense was committed in the vicinity of	5477
a school or in the vicinity of a juvenile, trafficking in cocaine	5478
is a felony of the first degree, the offender is a major drug	5479
offender, and the court shall impose as a mandatory prison term	5480
the maximum prison term prescribed for a felony of the first	5481
degree and may impose an additional mandatory prison term	5482
prescribed for a major drug offender under division (D)(3)(b) of	5483
section 2929.14 of the Revised Code.	5484

(5) If the drug involved in the violation is L.S.D. or a	5485
compound, mixture, preparation, or substance containing L.S.D.,	5486
whoever violates division (A) of this section is guilty of	5487
trafficking in L.S.D. The penalty for the offense shall be	5488
determined as follows:	5489

(a) Except as otherwise provided in division (C)(5)(b), (c),	5490
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	5491
felony of the fifth degree, and division (C) of section 2929.13 of	5492
the Revised Code applies in determining whether to impose a prison	5493
term on the offender.	5494

(b) Except as otherwise provided in division (C)(5)(c), (d),	5495
(e), (f), or (g) of this section, if the offense was committed in	5496
the vicinity of a school or in the vicinity of a juvenile,	5497
trafficking in L.S.D. is a felony of the fourth degree, and	5498
division (C) of section 2929.13 of the Revised Code applies in	5499
determining whether to impose a prison term on the offender.	5500

(c) Except as otherwise provided in this division, if the	5501
amount of the drug involved equals or exceeds ten unit doses but	5502
is less than fifty unit doses of L.S.D. in a solid form or equals	5503
or exceeds one gram but is less than five grams of L.S.D. in a	5504
liquid concentrate, liquid extract, or liquid distillate form,	5505
trafficking in L.S.D. is a felony of the fourth degree, and there	5506
is a presumption for a prison term for the offense. If the amount	5507
of the drug involved is within that range and if the offense was	5508
committed in the vicinity of a school or in the vicinity of a	5509
juvenile, trafficking in L.S.D. is a felony of the third degree,	5510
and there is a presumption for a prison term for the offense.	5511

(d) Except as otherwise provided in this division, if the	5512
amount of the drug involved equals or exceeds fifty unit doses but	5513
is less than two hundred fifty unit doses of L.S.D. in a solid	5514
form or equals or exceeds five grams but is less than twenty-five	5515
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	5516
distillate form, trafficking in L.S.D. is a felony of the third	5517
degree, and the court shall impose as a mandatory prison term one	5518
of the prison terms prescribed for a felony of the third degree.	5519
If the amount of the drug involved is within that range and if the	5520
offense was committed in the vicinity of a school or in the	5521
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	5522
second degree, and the court shall impose as a mandatory prison	5523
term one of the prison terms prescribed for a felony of the second	5524
degree.	5525

(e) Except as otherwise provided in this division, if the	5526
amount of the drug involved equals or exceeds two hundred fifty	5527
unit doses but is less than one thousand unit doses of L.S.D. in a	5528
solid form or equals or exceeds twenty-five grams but is less than	5529
one hundred grams of L.S.D. in a liquid concentrate, liquid	5530
extract, or liquid distillate form, trafficking in L.S.D. is a	5531
felony of the second degree, and the court shall impose as a	5532
mandatory prison term one of the prison terms prescribed for a	5533
felony of the second degree. If the amount of the drug involved is	5534
within that range and if the offense was committed in the vicinity	5535
of a school or in the vicinity of a juvenile, trafficking in	5536
L.S.D. is a felony of the first degree, and the court shall impose	5537
as a mandatory prison term one of the prison terms prescribed for	5538
a felony of the first degree.	5539

(f) If the amount of the drug involved equals or exceeds one	5540
thousand unit doses but is less than five thousand unit doses of	5541
L.S.D. in a solid form or equals or exceeds one hundred grams but	5542
is less than five hundred grams of L.S.D. in a liquid concentrate,	5543
liquid extract, or liquid distillate form and regardless of	5544
whether the offense was committed in the vicinity of a school or	5545
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	5546
of the first degree, and the court shall impose as a mandatory	5547
prison term one of the prison terms prescribed for a felony of the	5548
first degree.	5549

(g) If the amount of the drug involved equals or exceeds five	5550
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5551
five hundred grams of L.S.D. in a liquid concentrate, liquid	5552
extract, or liquid distillate form and regardless of whether the	5553
offense was committed in the vicinity of a school or in the	5554
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	5555
first degree, the offender is a major drug offender, and the court	5556
shall impose as a mandatory prison term the maximum prison term	5557
prescribed for a felony of the first degree and may impose an	5558
additional mandatory prison term prescribed for a major drug	5559
offender under division (D)(3)(b) of section 2929.14 of the	5560
Revised Code.	5561

(6) If the drug involved in the violation is heroin or a	5562
compound, mixture, preparation, or substance containing heroin,	5563
whoever violates division (A) of this section is guilty of	5564
trafficking in heroin. The penalty for the offense shall be	5565
determined as follows:	5566

(a) Except as otherwise provided in division (C)(6)(b), (c),	5567
(d), (e), (f), or (g) of this section, trafficking in heroin is a	5568
felony of the fifth degree, and division (C) of section 2929.13 of	5569
the Revised Code applies in determining whether to impose a prison	5570
term on the offender.	5571

(b) Except as otherwise provided in division (C)(6)(c), (d),	5572
(e), (f), or (g) of this section, if the offense was committed in	5573
the vicinity of a school or in the vicinity of a juvenile,	5574
trafficking in heroin is a felony of the fourth degree, and	5575
division (C) of section 2929.13 of the Revised Code applies in	5576
determining whether to impose a prison term on the offender.	5577

(c) Except as otherwise provided in this division, if the	5578
amount of the drug involved equals or exceeds ten unit doses but	5579
is less than fifty unit doses or equals or exceeds one gram but is	5580
less than five grams, trafficking in heroin is a felony of the	5581
fourth degree, and there is a presumption for a prison term for	5582
the offense. If the amount of the drug involved is within that	5583
range and if the offense was committed in the vicinity of a school	5584
or in the vicinity of a juvenile, trafficking in heroin is a	5585
felony of the third degree, and there is a presumption for a	5586
prison term for the offense.	5587

(d) Except as otherwise provided in this division, if the	5588
amount of the drug involved equals or exceeds fifty unit doses but	5589
is less than one hundred unit doses or equals or exceeds five	5590
grams but is less than ten grams, trafficking in heroin is a	5591
felony of the third degree, and there is a presumption for a	5592
prison term for the offense. If the amount of the drug involved is	5593
within that range and if the offense was committed in the vicinity	5594
of a school or in the vicinity of a juvenile, trafficking in	5595
heroin is a felony of the second degree, and there is a	5596
presumption for a prison term for the offense.	5597

(e) Except as otherwise provided in this division, if the	5598
amount of the drug involved equals or exceeds one hundred unit	5599
doses but is less than five hundred unit doses or equals or	5600
exceeds ten grams but is less than fifty grams, trafficking in	5601
heroin is a felony of the second degree, and the court shall	5602
impose as a mandatory prison term one of the prison terms	5603
prescribed for a felony of the second degree. If the amount of the	5604
drug involved is within that range and if the offense was	5605
committed in the vicinity of a school or in the vicinity of a	5606
juvenile, trafficking in heroin is a felony of the first degree,	5607
and the court shall impose as a mandatory prison term one of the	5608
prison terms prescribed for a felony of the first degree.	5609

(f) If the amount of the drug involved equals or exceeds five	5610
hundred unit doses but is less than two thousand five hundred unit	5611
doses or equals or exceeds fifty grams but is less than two	5612
hundred fifty grams and regardless of whether the offense was	5613
committed in the vicinity of a school or in the vicinity of a	5614
juvenile, trafficking in heroin is a felony of the first degree,	5615
and the court shall impose as a mandatory prison term one of the	5616
prison terms prescribed for a felony of the first degree.	5617

(g) If the amount of the drug involved equals or exceeds two	5618
thousand five hundred unit doses or equals or exceeds two hundred	5619
fifty grams and regardless of whether the offense was committed in	5620
the vicinity of a school or in the vicinity of a juvenile,	5621
trafficking in heroin is a felony of the first degree, the	5622
offender is a major drug offender, and the court shall impose as a	5623
mandatory prison term the maximum prison term prescribed for a	5624
felony of the first degree and may impose an additional mandatory	5625
prison term prescribed for a major drug offender under division	5626
(D)(3)(b) of section 2929.14 of the Revised Code.	5627

(7) If the drug involved in the violation is hashish or a	5628
compound, mixture, preparation, or substance containing hashish,	5629
whoever violates division (A) of this section is guilty of	5630
trafficking in hashish. The penalty for the offense shall be	5631
determined as follows:	5632

(a) Except as otherwise provided in division (C)(7)(b), (c),	5633
(d), (e), or (f), or (g) of this section, trafficking in hashish	5634
is a felony of the fifth degree, and division ~~(C)~~(B) of section	5635
2929.13 of the Revised Code applies in determining whether to	5636
impose a prison term on the offender.	5637

(b) Except as otherwise provided in division (C)(7)(c), (d),	5638
(e), or (f), or (g) of this section, if the offense was committed	5639
in the vicinity of a school or in the vicinity of a juvenile,	5640
trafficking in hashish is a felony of the fourth degree, and	5641
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5642
determining whether to impose a prison term on the offender.	5643

(c) Except as otherwise provided in this division, if the	5644
amount of the drug involved equals or exceeds ten grams but is	5645
less than fifty grams of hashish in a solid form or equals or	5646
exceeds two grams but is less than ten grams of hashish in a	5647
liquid concentrate, liquid extract, or liquid distillate form,	5648
trafficking in hashish is a felony of the fourth degree, and	5649
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5650
determining whether to impose a prison term on the offender. If	5651
the amount of the drug involved is within that range and if the	5652
offense was committed in the vicinity of a school or in the	5653
vicinity of a juvenile, trafficking in hashish is a felony of the	5654
third degree, and division (C) of section 2929.13 of the Revised	5655
Code applies in determining whether to impose a prison term on the	5656
offender.	5657

(d) Except as otherwise provided in this division, if the	5658
amount of the drug involved equals or exceeds fifty grams but is	5659
less than two hundred fifty grams of hashish in a solid form or	5660
equals or exceeds ten grams but is less than fifty grams of	5661
hashish in a liquid concentrate, liquid extract, or liquid	5662
distillate form, trafficking in hashish is a felony of the third	5663
degree, and division (C) of section 2929.13 of the Revised Code	5664
applies in determining whether to impose a prison term on the	5665
offender. If the amount of the drug involved is within that range	5666
and if the offense was committed in the vicinity of a school or in	5667
the vicinity of a juvenile, trafficking in hashish is a felony of	5668
the second degree, and there is a presumption that a prison term	5669
shall be imposed for the offense.	5670

(e) Except as otherwise provided in this division, if the	5671
amount of the drug involved equals or exceeds two hundred fifty	5672
grams but is less than one thousand grams of hashish in a solid	5673
form or equals or exceeds fifty grams but is less than two hundred	5674
grams of hashish in a liquid concentrate, liquid extract, or	5675
liquid distillate form, trafficking in hashish is a felony of the	5676
third degree, and there is a presumption that a prison term shall	5677
be imposed for the offense. If the amount of the drug involved is	5678
within that range and if the offense was committed in the vicinity	5679
of a school or in the vicinity of a juvenile, trafficking in	5680
hashish is a felony of the second degree, and there is a	5681
presumption that a prison term shall be imposed for the offense.	5682

(f) Except as otherwise provided in this division, if the	5683
amount of the drug involved equals or exceeds one thousand grams	5684
but is less than two thousand grams of hashish in a solid form or	5685
equals or exceeds two hundred grams but is less than four hundred	5686
grams of hashish in a liquid concentrate, liquid extract, or	5687
liquid distillate form trafficking in hashish is a felony of the	5688
second degree, and the court shall impose a mandatory prison term	5689
of five, six, seven, or eight years. If the amount of the drug	5690
involved is within that range and if the offense was committed in	5691
the vicinity of a school or in the vicinity of a juvenile,	5692
trafficking in hashish is a felony of the first degree, and the	5693
court shall impose as a mandatory prison term the maximum prison	5694
term prescribed for a felony of the first degree.	5695

(g) Except as otherwise provided in this division, if the	5696
amount of the drug involved equals or exceeds two thousand grams	5697
of hashish in a solid form or equals or exceeds four hundred grams	5698
of hashish in a liquid concentrate, liquid extract, or liquid	5699
distillate form, trafficking in hashish is a felony of the second	5700
degree, and the court shall impose as a mandatory prison term the	5701
maximum prison term prescribed for a felony of the second degree.	5702
If the amount of the drug involved ~~is within that range~~equals or	5703
exceeds two thousand grams of hashish in a solid form or equals or	5704
exceeds four hundred grams of hashish in a liquid concentrate,	5705
liquid extract, or liquid distillate form and if the offense was	5706
committed in the vicinity of a school or in the vicinity of a	5707
juvenile, trafficking in hashish is a felony of the first degree,	5708
and the court shall impose as a mandatory prison term the maximum	5709
prison term prescribed for a felony of the first degree.	5710

(D) In addition to any prison term authorized or required by	5711
division (C) of this section and sections 2929.13 and 2929.14 of	5712
the Revised Code, and in addition to any other sanction imposed	5713
for the offense under this section or sections 2929.11 to 2929.18	5714
of the Revised Code, the court that sentences an offender who is	5715
convicted of or pleads guilty to a violation of division (A) of	5716
this section shall do all of the following that are applicable	5717
regarding the offender:	5718

(1) If the violation of division (A) of this section is a	5719
felony of the first, second, or third degree, the court shall	5720
impose upon the offender the mandatory fine specified for the	5721
offense under division (B)(1) of section 2929.18 of the Revised	5722
Code unless, as specified in that division, the court determines	5723
that the offender is indigent. Except as otherwise provided in	5724
division (H)(1) of this section, a mandatory fine or any other	5725
fine imposed for a violation of this section is subject to	5726
division (F) of this section. If a person is charged with a	5727
violation of this section that is a felony of the first, second,	5728
or third degree, posts bail, and forfeits the bail, the clerk of	5729
the court shall pay the forfeited bail pursuant to divisions	5730
(D)(1) and (F) of this section, as if the forfeited bail was a	5731
fine imposed for a violation of this section. If any amount of the	5732
forfeited bail remains after that payment and if a fine is imposed	5733
under division (H)(1) of this section, the clerk of the court	5734
shall pay the remaining amount of the forfeited bail pursuant to	5735
divisions (H)(2) and (3) of this section, as if that remaining	5736
amount was a fine imposed under division (H)(1) of this section.	5737

(2) The court shall suspend the driver's or commercial	5738
driver's license or permit of the offender in accordance with	5739
division (G) of this section.	5740

(3) If the offender is a professionally licensed person, the	5741
court immediately shall comply with section 2925.38 of the Revised	5742
Code.	5743

(E) When a person is charged with the sale of or offer to	5744
sell a bulk amount or a multiple of a bulk amount of a controlled	5745
substance, the jury, or the court trying the accused, shall	5746
determine the amount of the controlled substance involved at the	5747
time of the offense and, if a guilty verdict is returned, shall	5748
return the findings as part of the verdict. In any such case, it	5749
is unnecessary to find and return the exact amount of the	5750
controlled substance involved, and it is sufficient if the finding	5751
and return is to the effect that the amount of the controlled	5752
substance involved is the requisite amount, or that the amount of	5753
the controlled substance involved is less than the requisite	5754
amount.	5755

(F)(1) Notwithstanding any contrary provision of section	5756
3719.21 of the Revised Code and except as provided in division (H)	5757
of this section, the clerk of the court shall pay any mandatory	5758
fine imposed pursuant to division (D)(1) of this section and any	5759
fine other than a mandatory fine that is imposed for a violation	5760
of this section pursuant to division (A) or (B)(5) of section	5761
2929.18 of the Revised Code to the county, township, municipal	5762
corporation, park district, as created pursuant to section 511.18	5763
or 1545.04 of the Revised Code, or state law enforcement agencies	5764
in this state that primarily were responsible for or involved in	5765
making the arrest of, and in prosecuting, the offender. However,	5766
the clerk shall not pay a mandatory fine so imposed to a law	5767
enforcement agency unless the agency has adopted a written	5768
internal control policy under division (F)(2) of this section that	5769
addresses the use of the fine moneys that it receives. Each agency	5770
shall use the mandatory fines so paid to subsidize the agency's	5771
law enforcement efforts that pertain to drug offenses, in	5772
accordance with the written internal control policy adopted by the	5773
recipient agency under division (F)(2) of this section.	5774

(2)(a) Prior to receiving any fine moneys under division	5775
(F)(1) of this section or division (B) of section 2925.42 of the	5776
Revised Code, a law enforcement agency shall adopt a written	5777
internal control policy that addresses the agency's use and	5778
disposition of all fine moneys so received and that provides for	5779
the keeping of detailed financial records of the receipts of those	5780
fine moneys, the general types of expenditures made out of those	5781
fine moneys, and the specific amount of each general type of	5782
expenditure. The policy shall not provide for or permit the	5783
identification of any specific expenditure that is made in an	5784
ongoing investigation. All financial records of the receipts of	5785
those fine moneys, the general types of expenditures made out of	5786
those fine moneys, and the specific amount of each general type of	5787
expenditure by an agency are public records open for inspection	5788
under section 149.43 of the Revised Code. Additionally, a written	5789
internal control policy adopted under this division is such a	5790
public record, and the agency that adopted it shall comply with	5791
it.	5792

(b) Each law enforcement agency that receives in any calendar	5793
year any fine moneys under division (F)(1) of this section or	5794
division (B) of section 2925.42 of the Revised Code shall prepare	5795
a report covering the calendar year that cumulates all of the	5796
information contained in all of the public financial records kept	5797
by the agency pursuant to division (F)(2)(a) of this section for	5798
that calendar year, and shall send a copy of the cumulative	5799
report, no later than the first day of March in the calendar year	5800
following the calendar year covered by the report, to the attorney	5801
general. Each report received by the attorney general is a public	5802
record open for inspection under section 149.43 of the Revised	5803
Code. Not later than the fifteenth day of April in the calendar	5804
year in which the reports are received, the attorney general shall	5805
send to the president of the senate and the speaker of the house	5806
of representatives a written notification that does all of the	5807
following:	5808

(i) Indicates that the attorney general has received from law	5809
enforcement agencies reports of the type described in this	5810
division that cover the previous calendar year and indicates that	5811
the reports were received under this division;	5812

(ii) Indicates that the reports are open for inspection under	5813
section 149.43 of the Revised Code;	5814

(iii) Indicates that the attorney general will provide a copy	5815
of any or all of the reports to the president of the senate or the	5816
speaker of the house of representatives upon request.	5817

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

5818

(a) "Law enforcement agencies" includes, but is not limited	5819
to, the state board of pharmacy and the office of a prosecutor.	5820

(b) "Prosecutor" has the same meaning as in section 2935.01	5821
of the Revised Code.	5822

(G) When required under division (D)(2) of this section or	5823
any other provision of this chapter, the court shall suspend for	5824
not less than six months or more than five years the driver's or	5825
commercial driver's license or permit of any person who is	5826
convicted of or pleads guilty to any violation of this section or	5827
any other specified provision of this chapter. If an offender's	5828
driver's or commercial driver's license or permit is suspended	5829
pursuant to this division, the offender, at any time after the	5830
expiration of two years from the day on which the offender's	5831
sentence was imposed or from the day on which the offender finally	5832
was released from a prison term under the sentence, whichever is	5833
later, may file a motion with the sentencing court requesting	5834
termination of the suspension; upon the filing of such a motion	5835
and the court's finding of good cause for the termination, the	5836
court may terminate the suspension.	5837

(H)(1) In addition to any prison term authorized or required	5838
by division (C) of this section and sections 2929.13 and 2929.14	5839
of the Revised Code, in addition to any other penalty or sanction	5840
imposed for the offense under this section or sections 2929.11 to	5841
2929.18 of the Revised Code, and in addition to the forfeiture of	5842
property in connection with the offense as prescribed in Chapter	5843
2981. of the Revised Code, the court that sentences an offender	5844
who is convicted of or pleads guilty to a violation of division	5845
(A) of this section may impose upon the offender an additional	5846
fine specified for the offense in division (B)(4) of section	5847
2929.18 of the Revised Code. A fine imposed under division (H)(1)	5848
of this section is not subject to division (F) of this section and	5849
shall be used solely for the support of one or more eligible	5850
alcohol and drug addiction programs in accordance with divisions	5851
(H)(2) and (3) of this section.	5852

(2) The court that imposes a fine under division (H)(1) of	5853
this section shall specify in the judgment that imposes the fine	5854
one or more eligible alcohol and drug addiction programs for the	5855
support of which the fine money is to be used. No alcohol and drug	5856
addiction program shall receive or use money paid or collected in	5857
satisfaction of a fine imposed under division (H)(1) of this	5858
section unless the program is specified in the judgment that	5859
imposes the fine. No alcohol and drug addiction program shall be	5860
specified in the judgment unless the program is an eligible	5861
alcohol and drug addiction program and, except as otherwise	5862
provided in division (H)(2) of this section, unless the program is	5863
located in the county in which the court that imposes the fine is	5864
located or in a county that is immediately contiguous to the	5865
county in which that court is located. If no eligible alcohol and	5866
drug addiction program is located in any of those counties, the	5867
judgment may specify an eligible alcohol and drug addiction	5868
program that is located anywhere within this state.	5869

(3) Notwithstanding any contrary provision of section 3719.21	5870
of the Revised Code, the clerk of the court shall pay any fine	5871
imposed under division (H)(1) of this section to the eligible	5872
alcohol and drug addiction program specified pursuant to division	5873
(H)(2) of this section in the judgment. The eligible alcohol and	5874
drug addiction program that receives the fine moneys shall use the	5875
moneys only for the alcohol and drug addiction services identified	5876
in the application for certification under section 3793.06 of the	5877
Revised Code or in the application for a license under section	5878
3793.11 of the Revised Code filed with the department of alcohol	5879
and drug addiction services by the alcohol and drug addiction	5880
program specified in the judgment.	5881

(4) Each alcohol and drug addiction program that receives in	5882
a calendar year any fine moneys under division (H)(3) of this	5883
section shall file an annual report covering that calendar year	5884
with the court of common pleas and the board of county	5885
commissioners of the county in which the program is located, with	5886
the court of common pleas and the board of county commissioners of	5887
each county from which the program received the moneys if that	5888
county is different from the county in which the program is	5889
located, and with the attorney general. The alcohol and drug	5890
addiction program shall file the report no later than the first	5891
day of March in the calendar year following the calendar year in	5892
which the program received the fine moneys. The report shall	5893
include statistics on the number of persons served by the alcohol	5894
and drug addiction program, identify the types of alcohol and drug	5895
addiction services provided to those persons, and include a	5896
specific accounting of the purposes for which the fine moneys	5897
received were used. No information contained in the report shall	5898
identify, or enable a person to determine the identity of, any	5899
person served by the alcohol and drug addiction program. Each	5900
report received by a court of common pleas, a board of county	5901
commissioners, or the attorney general is a public record open for	5902
inspection under section 149.43 of the Revised Code.	5903

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

5904

(a) "Alcohol and drug addiction program" and "alcohol and	5905
drug addiction services" have the same meanings as in section	5906
3793.01 of the Revised Code.	5907

(b) "Eligible alcohol and drug addiction program" means an	5908
alcohol and drug addiction program that is certified under section	5909
3793.06 of the Revised Code or licensed under section 3793.11 of	5910
the Revised Code by the department of alcohol and drug addiction	5911
services.	5912

(I) As used in this section, "drug" includes any substance	5913
that is represented to be a drug.	5914

Sec. 2925.05. (A) No person shall knowingly provide money or	5915
other items of value to another person with the purpose that the	5916
recipient of the money or items of value use them to obtain any	5917
controlled substance for the purpose of violating section 2925.04	5918
of the Revised Code or for the purpose of selling or offering to	5919
sell the controlled substance in the following amount:	5920

(1) If the drug to be sold or offered for sale is any	5921
compound, mixture, preparation, or substance included in schedule	5922
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	5923
and hashish, or schedule III, IV, or V, an amount of the drug that	5924
equals or exceeds the bulk amount of the drug;	5925

(2) If the drug to be sold or offered for sale is marihuana	5926
or a compound, mixture, preparation, or substance other than	5927
hashish containing marihuana, an amount of the marihuana that	5928
equals or exceeds two hundred grams;	5929

(3) If the drug to be sold or offered for sale is cocaine or	5930
a compound, mixture, preparation, or substance containing cocaine,	5931
an amount of the cocaine that equals or exceeds five grams ~~if the~~	5932
~~cocaine is not crack cocaine or equals or exceeds one gram if the~~	5933
~~cocaine is crack cocaine~~;	5934

(4) If the drug to be sold or offered for sale is L.S.D. or a	5935
compound, mixture, preparation, or substance containing L.S.D., an	5936
amount of the L.S.D. that equals or exceeds ten unit doses if the	5937
L.S.D. is in a solid form or equals or exceeds one gram if the	5938
L.S.D. is in a liquid concentrate, liquid extract, or liquid	5939
distillate form;	5940

(5) If the drug to be sold or offered for sale is heroin or a	5941
compound, mixture, preparation, or substance containing heroin, an	5942
amount of the heroin that equals or exceeds ten unit doses or	5943
equals or exceeds one gram;	5944

(6) If the drug to be sold or offered for sale is hashish or	5945
a compound, mixture, preparation, or substance containing hashish,	5946
an amount of the hashish that equals or exceeds ten grams if the	5947
hashish is in a solid form or equals or exceeds two grams if the	5948
hashish is in a liquid concentrate, liquid extract, or liquid	5949
distillate form.	5950

(B) This section does not apply to any person listed in	5951
division (B)(1), (2), or (3) of section 2925.03 of the Revised	5952
Code to the extent and under the circumstances described in those	5953
divisions.	5954

(C)(1) If the drug involved in the violation is any compound,	5955
mixture, preparation, or substance included in schedule I or II,	5956
with the exception of marihuana, whoever violates division (A) of	5957
this section is guilty of aggravated funding of drug trafficking,	5958
a felony of the first degree, and, subject to division (E) of this	5959
section, the court shall impose as a mandatory prison term one of	5960
the prison terms prescribed for a felony of the first degree.	5961

(2) If the drug involved in the violation is any compound,	5962
mixture, preparation, or substance included in schedule III, IV,	5963
or V, whoever violates division (A) of this section is guilty of	5964
funding of drug trafficking, a felony of the second degree, and	5965
the court shall impose as a mandatory prison term one of the	5966
prison terms prescribed for a felony of the second degree.	5967

(3) If the drug involved in the violation is marihuana,	5968
whoever violates division (A) of this section is guilty of funding	5969
of marihuana trafficking, a felony of the third degree, and the	5970
court shall impose as a mandatory prison term one of the prison	5971
terms prescribed for a felony of the third degree.	5972

(D) In addition to any prison term authorized or required by	5973
division (C) or (E) of this section and sections 2929.13 and	5974
2929.14 of the Revised Code and in addition to any other sanction	5975
imposed for the offense under this section or sections 2929.11 to	5976
2929.18 of the Revised Code, the court that sentences an offender	5977
who is convicted of or pleads guilty to a violation of division	5978
(A) of this section shall do all of the following that are	5979
applicable regarding the offender:	5980

(1) The court shall impose the mandatory fine specified for	5981
the offense under division (B)(1) of section 2929.18 of the	5982
Revised Code unless, as specified in that division, the court	5983
determines that the offender is indigent. The clerk of the court	5984
shall pay a mandatory fine or other fine imposed for a violation	5985
of this section pursuant to division (A) of section 2929.18 of the	5986
Revised Code in accordance with and subject to the requirements of	5987
division (F) of section 2925.03 of the Revised Code. The agency	5988
that receives the fine shall use the fine in accordance with	5989
division (F) of section 2925.03 of the Revised Code. If a person	5990
is charged with a violation of this section, posts bail, and	5991
forfeits the bail, the forfeited bail shall be paid as if the	5992
forfeited bail were a fine imposed for a violation of this	5993
section.	5994

(2) The court shall suspend the offender's driver's or	5995
commercial driver's license or permit in accordance with division	5996
(G) of section 2925.03 of the Revised Code. If an offender's	5997
driver's or commercial driver's license or permit is suspended in	5998
accordance with that division, the offender may request	5999
termination of, and the court may terminate, the suspension in	6000
accordance with that division.	6001

(3) If the offender is a professionally licensed person, the	6002
court immediately shall comply with section 2925.38 of the Revised	6003
Code.	6004

(E) Notwithstanding the prison term otherwise authorized or	6005
required for the offense under division (C) of this section and	6006
sections 2929.13 and 2929.14 of the Revised Code, if the violation	6007
of division (A) of this section involves the sale, offer to sell,	6008
or possession of a schedule I or II controlled substance, with the	6009
exception of marihuana, and if the court imposing sentence upon	6010
the offender finds that the offender as a result of the violation	6011
is a major drug offender and is guilty of a specification of the	6012
type described in section 2941.1410 of the Revised Code, the	6013
court, in lieu of the prison term otherwise authorized or	6014
required, shall impose upon the offender the mandatory prison term	6015
specified in division (D)(3)(a) of section 2929.14 of the Revised	6016
Code and may impose an additional prison term under division	6017
(D)(3)(b) of that section.	6018

Sec. 2925.11. (A) No person shall knowingly obtain, possess,	6019
or use a controlled substance.	6020

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

6021

(1) Manufacturers, licensed health professionals authorized	6022
to prescribe drugs, pharmacists, owners of pharmacies, and other	6023
persons whose conduct was in accordance with Chapters 3719.,	6024
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	6025

(2) If the offense involves an anabolic steroid, any person	6026
who is conducting or participating in a research project involving	6027
the use of an anabolic steroid if the project has been approved by	6028
the United States food and drug administration;	6029

(3) Any person who sells, offers for sale, prescribes,	6030
dispenses, or administers for livestock or other nonhuman species	6031
an anabolic steroid that is expressly intended for administration	6032
through implants to livestock or other nonhuman species and	6033
approved for that purpose under the "Federal Food, Drug, and	6034
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	6035
and is sold, offered for sale, prescribed, dispensed, or	6036
administered for that purpose in accordance with that act;	6037

(4) Any person who obtained the controlled substance pursuant	6038
to a lawful prescription issued by a licensed health professional	6039
authorized to prescribe drugs.	6040

(C) Whoever violates division (A) of this section is guilty	6041
of one of the following:	6042

(1) If the drug involved in the violation is a compound,	6043
mixture, preparation, or substance included in schedule I or II,	6044
with the exception of marihuana, cocaine, L.S.D., heroin, and	6045
hashish, whoever violates division (A) of this section is guilty	6046
of aggravated possession of drugs. The penalty for the offense	6047
shall be determined as follows:	6048

(a) Except as otherwise provided in division (C)(1)(b), (c),	6049
(d), or (e) of this section, aggravated possession of drugs is a	6050
felony of the fifth degree, and division (B) of section 2929.13 of	6051
the Revised Code applies in determining whether to impose a prison	6052
term on the offender.	6053

(b) If the amount of the drug involved equals or exceeds the	6054
bulk amount but is less than five times the bulk amount,	6055
aggravated possession of drugs is a felony of the third degree,	6056
and there is a presumption for a prison term for the offense.	6057

(c) If the amount of the drug involved equals or exceeds five	6058
times the bulk amount but is less than fifty times the bulk	6059
amount, aggravated possession of drugs is a felony of the second	6060
degree, and the court shall impose as a mandatory prison term one	6061
of the prison terms prescribed for a felony of the second degree.	6062

(d) If the amount of the drug involved equals or exceeds	6063
fifty times the bulk amount but is less than one hundred times the	6064
bulk amount, aggravated possession of drugs is a felony of the	6065
first degree, and the court shall impose as a mandatory prison	6066
term one of the prison terms prescribed for a felony of the first	6067
degree.	6068

(e) If the amount of the drug involved equals or exceeds one	6069
hundred times the bulk amount, aggravated possession of drugs is a	6070
felony of the first degree, the offender is a major drug offender,	6071
and the court shall impose as a mandatory prison term the maximum	6072
prison term prescribed for a felony of the first degree and may	6073
impose an additional mandatory prison term prescribed for a major	6074
drug offender under division (D)(3)(b) of section 2929.14 of the	6075
Revised Code.	6076

(2) If the drug involved in the violation is a compound,	6077
mixture, preparation, or substance included in schedule III, IV,	6078
or V, whoever violates division (A) of this section is guilty of	6079
possession of drugs. The penalty for the offense shall be	6080
determined as follows:	6081

(a) Except as otherwise provided in division (C)(2)(b), (c),	6082
or (d) of this section, possession of drugs is a misdemeanor of	6083
the first degree or, if the offender previously has been convicted	6084
of a drug abuse offense, a felony of the fifth degree.	6085

(b) If the amount of the drug involved equals or exceeds the	6086
bulk amount but is less than five times the bulk amount,	6087
possession of drugs is a felony of the fourth degree, and division	6088
(C) of section 2929.13 of the Revised Code applies in determining	6089
whether to impose a prison term on the offender.	6090

(c) If the amount of the drug involved equals or exceeds five	6091
times the bulk amount but is less than fifty times the bulk	6092
amount, possession of drugs is a felony of the third degree, and	6093
there is a presumption for a prison term for the offense.	6094

(d) If the amount of the drug involved equals or exceeds	6095
fifty times the bulk amount, possession of drugs is a felony of	6096
the second degree, and the court shall impose upon the offender as	6097
a mandatory prison term one of the prison terms prescribed for a	6098
felony of the second degree.	6099

(3) If the drug involved in the violation is marihuana or a	6100
compound, mixture, preparation, or substance containing marihuana	6101
other than hashish, whoever violates division (A) of this section	6102
is guilty of possession of marihuana. The penalty for the offense	6103
shall be determined as follows:	6104

(a) Except as otherwise provided in division (C)(3)(b), (c),	6105
(d), (e), or (f), or (g) of this section, possession of marihuana	6106
is a minor misdemeanor.	6107

(b) If the amount of the drug involved equals or exceeds one	6108
hundred grams but is less than two hundred grams, possession of	6109
marihuana is a misdemeanor of the fourth degree.	6110

(c) If the amount of the drug involved equals or exceeds two	6111
hundred grams but is less than one thousand grams, possession of	6112
marihuana is a felony of the fifth degree, and division (B) of	6113
section 2929.13 of the Revised Code applies in determining whether	6114
to impose a prison term on the offender.	6115

(d) If the amount of the drug involved equals or exceeds one	6116
thousand grams but is less than five thousand grams, possession of	6117
marihuana is a felony of the third degree, and division (C) of	6118
section 2929.13 of the Revised Code applies in determining whether	6119
to impose a prison term on the offender.	6120

(e) If the amount of the drug involved equals or exceeds five	6121
thousand grams but is less than twenty thousand grams, possession	6122
of marihuana is a felony of the third degree, and there is a	6123
presumption that a prison term shall be imposed for the offense.	6124

(f) If the amount of the drug involved equals or exceeds	6125
twenty thousand grams but is less than forty thousand grams,	6126
possession of marihuana is a felony of the second degree, and the	6127
court shall impose a mandatory prison term of five, six, seven, or	6128
eight years.	6129

(g) If the amount of the drug involved equals or exceeds	6130
forty thousand grams, possession of marihuana is a felony of the	6131
second degree, and the court shall impose as a mandatory prison	6132
term the maximum prison term prescribed for a felony of the second	6133
degree.	6134

(4) If the drug involved in the violation is cocaine or a	6135
compound, mixture, preparation, or substance containing cocaine,	6136
whoever violates division (A) of this section is guilty of	6137
possession of cocaine. The penalty for the offense shall be	6138
determined as follows:	6139

(a) Except as otherwise provided in division (C)(4)(b), (c),	6140
(d), (e), or (f) of this section, possession of cocaine is a	6141
felony of the fifth degree, and division (B) of section 2929.13 of	6142
the Revised Code applies in determining whether to impose a prison	6143
term on the offender.	6144

(b) If the amount of the drug involved equals or exceeds five	6145
grams but is less than ~~twenty-five~~ten grams of cocaine ~~that is~~	6146
~~not crack cocaine or equals or exceeds one gram but is less than~~	6147
~~five grams of crack cocaine~~, possession of cocaine is a felony of	6148
the fourth degree, and ~~there is a presumption for a prison term~~	6149
~~for the offense~~division (B) of section 2929.13 of the Revised	6150
Code applies in determining whether to impose a prison term on the	6151
offender.	6152

(c) If the amount of the drug involved equals or exceeds	6153
~~twenty-five~~ten grams but is less than ~~one hundred~~twenty grams of	6154
cocaine ~~that is not crack cocaine or equals or exceeds five grams~~	6155
~~but is less than ten grams of crack cocaine~~, possession of cocaine	6156
is a felony of the third degree, and the court shall impose as a	6157
mandatory prison term one of the prison terms prescribed for a	6158
felony of the third degree.	6159

(d) If the amount of the drug involved equals or exceeds ~~one~~	6160
~~hundred~~twenty grams but is less than ~~five hundred~~twenty-seven	6161
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	6162
~~ten grams but is less than twenty-five grams of crack cocaine~~,	6163
possession of cocaine is a felony of the second degree, and the	6164
court shall impose as a mandatory prison term one of the prison	6165
terms prescribed for a felony of the second degree.	6166

(e) If the amount of the drug involved equals or exceeds ~~five~~	6167
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	6168
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	6169
~~twenty-five grams but is less than one hundred grams of crack~~	6170
~~cocaine~~, possession of cocaine is a felony of the first degree,	6171
and the court shall impose as a mandatory prison term one of the	6172
prison terms prescribed for a felony of the first degree.	6173

(f) If the amount of the drug involved equals or exceeds one	6174
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	6175
~~equals or exceeds one hundred grams of crack cocaine~~, possession	6176
of cocaine is a felony of the first degree, the offender is a	6177
major drug offender, and the court shall impose as a mandatory	6178
prison term the maximum prison term prescribed for a felony of the	6179
first degree and may impose an additional mandatory prison term	6180
prescribed for a major drug offender under division (D)(3)(b) of	6181
section 2929.14 of the Revised Code.	6182

(5) If the drug involved in the violation is L.S.D., whoever	6183
violates division (A) of this section is guilty of possession of	6184
L.S.D. The penalty for the offense shall be determined as follows:	6185

(a) Except as otherwise provided in division (C)(5)(b), (c),	6186
(d), (e), or (f) of this section, possession of L.S.D. is a felony	6187
of the fifth degree, and division (B) of section 2929.13 of the	6188
Revised Code applies in determining whether to impose a prison	6189
term on the offender.	6190

(b) If the amount of L.S.D. involved equals or exceeds ten	6191
unit doses but is less than fifty unit doses of L.S.D. in a solid	6192
form or equals or exceeds one gram but is less than five grams of	6193
L.S.D. in a liquid concentrate, liquid extract, or liquid	6194
distillate form, possession of L.S.D. is a felony of the fourth	6195
degree, and division (C) of section 2929.13 of the Revised Code	6196
applies in determining whether to impose a prison term on the	6197
offender.	6198

(c) If the amount of L.S.D. involved equals or exceeds fifty	6199
unit doses, but is less than two hundred fifty unit doses of	6200
L.S.D. in a solid form or equals or exceeds five grams but is less	6201
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	6202
extract, or liquid distillate form, possession of L.S.D. is a	6203
felony of the third degree, and there is a presumption for a	6204
prison term for the offense.	6205

(d) If the amount of L.S.D. involved equals or exceeds two	6206
hundred fifty unit doses but is less than one thousand unit doses	6207
of L.S.D. in a solid form or equals or exceeds twenty-five grams	6208
but is less than one hundred grams of L.S.D. in a liquid	6209
concentrate, liquid extract, or liquid distillate form, possession	6210
of L.S.D. is a felony of the second degree, and the court shall	6211
impose as a mandatory prison term one of the prison terms	6212
prescribed for a felony of the second degree.	6213

(e) If the amount of L.S.D. involved equals or exceeds one	6214
thousand unit doses but is less than five thousand unit doses of	6215
L.S.D. in a solid form or equals or exceeds one hundred grams but	6216
is less than five hundred grams of L.S.D. in a liquid concentrate,	6217
liquid extract, or liquid distillate form, possession of L.S.D. is	6218
a felony of the first degree, and the court shall impose as a	6219
mandatory prison term one of the prison terms prescribed for a	6220
felony of the first degree.	6221

(f) If the amount of L.S.D. involved equals or exceeds five	6222
thousand unit doses of L.S.D. in a solid form or equals or exceeds	6223
five hundred grams of L.S.D. in a liquid concentrate, liquid	6224
extract, or liquid distillate form, possession of L.S.D. is a	6225
felony of the first degree, the offender is a major drug offender,	6226
and the court shall impose as a mandatory prison term the maximum	6227
prison term prescribed for a felony of the first degree and may	6228
impose an additional mandatory prison term prescribed for a major	6229
drug offender under division (D)(3)(b) of section 2929.14 of the	6230
Revised Code.	6231

(6) If the drug involved in the violation is heroin or a	6232
compound, mixture, preparation, or substance containing heroin,	6233
whoever violates division (A) of this section is guilty of	6234
possession of heroin. The penalty for the offense shall be	6235
determined as follows:	6236

(a) Except as otherwise provided in division (C)(6)(b), (c),	6237
(d), (e), or (f) of this section, possession of heroin is a felony	6238
of the fifth degree, and division (B) of section 2929.13 of the	6239
Revised Code applies in determining whether to impose a prison	6240
term on the offender.	6241

(b) If the amount of the drug involved equals or exceeds ten	6242
unit doses but is less than fifty unit doses or equals or exceeds	6243
one gram but is less than five grams, possession of heroin is a	6244
felony of the fourth degree, and division (C) of section 2929.13	6245
of the Revised Code applies in determining whether to impose a	6246
prison term on the offender.	6247

(c) If the amount of the drug involved equals or exceeds	6248
fifty unit doses but is less than one hundred unit doses or equals	6249
or exceeds five grams but is less than ten grams, possession of	6250
heroin is a felony of the third degree, and there is a presumption	6251
for a prison term for the offense.	6252

(d) If the amount of the drug involved equals or exceeds one	6253
hundred unit doses but is less than five hundred unit doses or	6254
equals or exceeds ten grams but is less than fifty grams,	6255
possession of heroin is a felony of the second degree, and the	6256
court shall impose as a mandatory prison term one of the prison	6257
terms prescribed for a felony of the second degree.	6258

(e) If the amount of the drug involved equals or exceeds five	6259
hundred unit doses but is less than two thousand five hundred unit	6260
doses or equals or exceeds fifty grams but is less than two	6261
hundred fifty grams, possession of heroin is a felony of the first	6262
degree, and the court shall impose as a mandatory prison term one	6263
of the prison terms prescribed for a felony of the first degree.	6264

(f) If the amount of the drug involved equals or exceeds two	6265
thousand five hundred unit doses or equals or exceeds two hundred	6266
fifty grams, possession of heroin is a felony of the first degree,	6267
the offender is a major drug offender, and the court shall impose	6268
as a mandatory prison term the maximum prison term prescribed for	6269
a felony of the first degree and may impose an additional	6270
mandatory prison term prescribed for a major drug offender under	6271
division (D)(3)(b) of section 2929.14 of the Revised Code.	6272

(7) If the drug involved in the violation is hashish or a	6273
compound, mixture, preparation, or substance containing hashish,	6274
whoever violates division (A) of this section is guilty of	6275
possession of hashish. The penalty for the offense shall be	6276
determined as follows:	6277

(a) Except as otherwise provided in division (C)(7)(b), (c),	6278
(d), (e), or (f), or (g) of this section, possession of hashish is	6279
a minor misdemeanor.	6280

(b) If the amount of the drug involved equals or exceeds five	6281
grams but is less than ten grams of hashish in a solid form or	6282
equals or exceeds one gram but is less than two grams of hashish	6283
in a liquid concentrate, liquid extract, or liquid distillate	6284
form, possession of hashish is a misdemeanor of the fourth degree.	6285

(c) If the amount of the drug involved equals or exceeds ten	6286
grams but is less than fifty grams of hashish in a solid form or	6287
equals or exceeds two grams but is less than ten grams of hashish	6288
in a liquid concentrate, liquid extract, or liquid distillate	6289
form, possession of hashish is a felony of the fifth degree, and	6290
division (B) of section 2929.13 of the Revised Code applies in	6291
determining whether to impose a prison term on the offender.	6292

(d) If the amount of the drug involved equals or exceeds	6293
fifty grams but is less than two hundred fifty grams of hashish in	6294
a solid form or equals or exceeds ten grams but is less than fifty	6295
grams of hashish in a liquid concentrate, liquid extract, or	6296
liquid distillate form, possession of hashish is a felony of the	6297
third degree, and division (C) of section 2929.13 of the Revised	6298
Code applies in determining whether to impose a prison term on the	6299
offender.	6300

(e) If the amount of the drug involved equals or exceeds two	6301
hundred fifty grams but is less than one thousand grams of hashish	6302
in a solid form or equals or exceeds fifty grams but is less than	6303
two hundred grams of hashish in a liquid concentrate, liquid	6304
extract, or liquid distillate form, possession of hashish is a	6305
felony of the third degree, and there is a presumption that a	6306
prison term shall be imposed for the offense.	6307

(f) If the amount of the drug involved equals or exceeds one	6308
thousand grams but is less than two thousand grams of hashish in a	6309
solid form or equals or exceeds two hundred grams but is less than	6310
four hundred grams of hashish in a liquid concentrate, liquid	6311
extract, or liquid distillate form, possession of hashish is a	6312
felony of the second degree, and the court shall impose a	6313
mandatory prison term of five, six, seven, or eight years.	6314

(g) If the amount of the drug involved equals or exceeds two	6315
thousand grams of hashish in a solid form or equals or exceeds	6316
four hundred grams of hashish in a liquid concentrate, liquid	6317
extract, or liquid distillate form, possession of hashish is a	6318
felony of the second degree, and the court shall impose as a	6319
mandatory prison term the maximum prison term prescribed for a	6320
felony of the second degree.	6321

(D) Arrest or conviction for a minor misdemeanor violation of	6322
this section does not constitute a criminal record and need not be	6323
reported by the person so arrested or convicted in response to any	6324
inquiries about the person's criminal record, including any	6325
inquiries contained in any application for employment, license, or	6326
other right or privilege, or made in connection with the person's	6327
appearance as a witness.	6328

(E) In addition to any prison term or jail term authorized or	6329
required by division (C) of this section and sections 2929.13,	6330
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	6331
addition to any other sanction that is imposed for the offense	6332
under this section, sections 2929.11 to 2929.18, or sections	6333
2929.21 to 2929.28 of the Revised Code, the court that sentences	6334
an offender who is convicted of or pleads guilty to a violation of	6335
division (A) of this section shall do all of the following that	6336
are applicable regarding the offender:	6337

(1)(a) If the violation is a felony of the first, second, or	6338
third degree, the court shall impose upon the offender the	6339
mandatory fine specified for the offense under division (B)(1) of	6340
section 2929.18 of the Revised Code unless, as specified in that	6341
division, the court determines that the offender is indigent.	6342

(b) Notwithstanding any contrary provision of section 3719.21	6343
of the Revised Code, the clerk of the court shall pay a mandatory	6344
fine or other fine imposed for a violation of this section	6345
pursuant to division (A) of section 2929.18 of the Revised Code in	6346
accordance with and subject to the requirements of division (F) of	6347
section 2925.03 of the Revised Code. The agency that receives the	6348
fine shall use the fine as specified in division (F) of section	6349
2925.03 of the Revised Code.	6350

(c) If a person is charged with a violation of this section	6351
that is a felony of the first, second, or third degree, posts	6352
bail, and forfeits the bail, the clerk shall pay the forfeited	6353
bail pursuant to division (E)(1)(b) of this section as if it were	6354
a mandatory fine imposed under division (E)(1)(a) of this section.	6355

(2) The court shall suspend for not less than six months or	6356
more than five years the offender's driver's or commercial	6357
driver's license or permit.	6358

(3) If the offender is a professionally licensed person, in	6359
addition to any other sanction imposed for a violation of this	6360
section, the court immediately shall comply with section 2925.38	6361
of the Revised Code.	6362

(F) It is an affirmative defense, as provided in section	6363
2901.05 of the Revised Code, to a charge of a fourth degree felony	6364
violation under this section that the controlled substance that	6365
gave rise to the charge is in an amount, is in a form, is	6366
prepared, compounded, or mixed with substances that are not	6367
controlled substances in a manner, or is possessed under any other	6368
circumstances, that indicate that the substance was possessed	6369
solely for personal use. Notwithstanding any contrary provision of	6370
this section, if, in accordance with section 2901.05 of the	6371
Revised Code, an accused who is charged with a fourth degree	6372
felony violation of division (C)(2), (4), (5), or (6) of this	6373
section sustains the burden of going forward with evidence of and	6374
establishes by a preponderance of the evidence the affirmative	6375
defense described in this division, the accused may be prosecuted	6376
for and may plead guilty to or be convicted of a misdemeanor	6377
violation of division (C)(2) of this section or a fifth degree	6378
felony violation of division (C)(4), (5), or (6) of this section	6379
respectively.	6380

(G) When a person is charged with possessing a bulk amount or	6381
multiple of a bulk amount, division (E) of section 2925.03 of the	6382
Revised Code applies regarding the determination of the amount of	6383
the controlled substance involved at the time of the offense.	6384

Sec. 2929.01. As used in this chapter:

6385

(A)(1) "Alternative residential facility" means, subject to	6386
division (A)(2) of this section, any facility other than an	6387
offender's home or residence in which an offender is assigned to	6388
live and that satisfies all of the following criteria:	6389

(a) It provides programs through which the offender may seek	6390
or maintain employment or may receive education, training,	6391
treatment, or habilitation.	6392

(b) It has received the appropriate license or certificate	6393
for any specialized education, training, treatment, habilitation,	6394
or other service that it provides from the government agency that	6395
is responsible for licensing or certifying that type of education,	6396
training, treatment, habilitation, or service.	6397

(2) "Alternative residential facility" does not include a	6398
community-based correctional facility, jail, halfway house, or	6399
prison.	6400

(B) "Basic probation supervision" means a requirement that	6401
the offender maintain contact with a person appointed to supervise	6402
the offender in accordance with sanctions imposed by the court or	6403
imposed by the parole board pursuant to section 2967.28 of the	6404
Revised Code. "Basic probation supervision" includes basic parole	6405
supervision and basic post-release control supervision.	6406

(C) "Cocaine," ~~"crack cocaine,"~~ "hashish," "L.S.D.," and	6407
"unit dose" have the same meanings as in section 2925.01 of the	6408
Revised Code.	6409

(D) "Community-based correctional facility" means a	6410
community-based correctional facility and program or district	6411
community-based correctional facility and program developed	6412
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	6413

(E) "Community control sanction" means a sanction that is not	6414
a prison term and that is described in section 2929.15, 2929.16,	6415
2929.17, or 2929.18 of the Revised Code or a sanction that is not	6416
a jail term and that is described in section 2929.26, 2929.27, or	6417
2929.28 of the Revised Code. "Community control sanction" includes	6418
probation if the sentence involved was imposed for a felony that	6419
was committed prior to July 1, 1996, or if the sentence involved	6420
was imposed for a misdemeanor that was committed prior to January	6421
1, 2004.	6422

(F) "Controlled substance," "marihuana," "schedule I," and	6423
"schedule II" have the same meanings as in section 3719.01 of the	6424
Revised Code.	6425

(G) "Curfew" means a requirement that an offender during a	6426
specified period of time be at a designated place.	6427

(H) "Day reporting" means a sanction pursuant to which an	6428
offender is required each day to report to and leave a center or	6429
other approved reporting location at specified times in order to	6430
participate in work, education or training, treatment, and other	6431
approved programs at the center or outside the center.	6432

(I) "Deadly weapon" has the same meaning as in section	6433
2923.11 of the Revised Code.	6434

(J) "Drug and alcohol use monitoring" means a program under	6435
which an offender agrees to submit to random chemical analysis of	6436
the offender's blood, breath, or urine to determine whether the	6437
offender has ingested any alcohol or other drugs.	6438

(K) "Drug treatment program" means any program under which a	6439
person undergoes assessment and treatment designed to reduce or	6440
completely eliminate the person's physical or emotional reliance	6441
upon alcohol, another drug, or alcohol and another drug and under	6442
which the person may be required to receive assessment and	6443
treatment on an outpatient basis or may be required to reside at a	6444
facility other than the person's home or residence while	6445
undergoing assessment and treatment.	6446

(L) "Economic loss" means any economic detriment suffered by	6447
a victim as a direct and proximate result of the commission of an	6448
offense and includes any loss of income due to lost time at work	6449
because of any injury caused to the victim, and any property loss,	6450
medical cost, or funeral expense incurred as a result of the	6451
commission of the offense. "Economic loss" does not include	6452
non-economic loss or any punitive or exemplary damages.	6453

(M) "Education or training" includes study at, or in	6454
conjunction with a program offered by, a university, college, or	6455
technical college or vocational study and also includes the	6456
completion of primary school, secondary school, and literacy	6457
curricula or their equivalent.	6458

(N) "Firearm" has the same meaning as in section 2923.11 of	6459
the Revised Code.	6460

(O) "Halfway house" means a facility licensed by the division	6461
of parole and community services of the department of	6462
rehabilitation and correction pursuant to section 2967.14 of the	6463
Revised Code as a suitable facility for the care and treatment of	6464
adult offenders.	6465

(P) "House arrest" means a period of confinement of an	6466
offender that is in the offender's home or in other premises	6467
specified by the sentencing court or by the parole board pursuant	6468
to section 2967.28 of the Revised Code and during which all of the	6469
following apply:	6470

(1) The offender is required to remain in the offender's home	6471
or other specified premises for the specified period of	6472
confinement, except for periods of time during which the offender	6473
is at the offender's place of employment or at other premises as	6474
authorized by the sentencing court or by the parole board.	6475

(2) The offender is required to report periodically to a	6476
person designated by the court or parole board.	6477

(3) The offender is subject to any other restrictions and	6478
requirements that may be imposed by the sentencing court or by the	6479
parole board.	6480

(Q) "Intensive probation supervision" means a requirement	6481
that an offender maintain frequent contact with a person appointed	6482
by the court, or by the parole board pursuant to section 2967.28	6483
of the Revised Code, to supervise the offender while the offender	6484
is seeking or maintaining necessary employment and participating	6485
in training, education, and treatment programs as required in the	6486
court's or parole board's order. "Intensive probation supervision"	6487
includes intensive parole supervision and intensive post-release	6488
control supervision.	6489

(R) "Jail" means a jail, workhouse, minimum security jail, or	6490
other residential facility used for the confinement of alleged or	6491
convicted offenders that is operated by a political subdivision or	6492
a combination of political subdivisions of this state.	6493

(S) "Jail term" means the term in a jail that a sentencing	6494
court imposes or is authorized to impose pursuant to section	6495
2929.24 or 2929.25 of the Revised Code or pursuant to any other	6496
provision of the Revised Code that authorizes a term in a jail for	6497
a misdemeanor conviction.	6498

(T) "Mandatory jail term" means the term in a jail that a	6499
sentencing court is required to impose pursuant to division (G) of	6500
section 1547.99 of the Revised Code, division (E) of section	6501
2903.06 or division (D) of section 2903.08 of the Revised Code,	6502
division (E) or (G) of section 2929.24 of the Revised Code,	6503
division (B) of section 4510.14 of the Revised Code, or division	6504
(G) of section 4511.19 of the Revised Code or pursuant to any	6505
other provision of the Revised Code that requires a term in a jail	6506
for a misdemeanor conviction.	6507

(U) "Delinquent child" has the same meaning as in section	6508
2152.02 of the Revised Code.	6509

(V) "License violation report" means a report that is made by	6510
a sentencing court, or by the parole board pursuant to section	6511
2967.28 of the Revised Code, to the regulatory or licensing board	6512
or agency that issued an offender a professional license or a	6513
license or permit to do business in this state and that specifies	6514
that the offender has been convicted of or pleaded guilty to an	6515
offense that may violate the conditions under which the offender's	6516
professional license or license or permit to do business in this	6517
state was granted or an offense for which the offender's	6518
professional license or license or permit to do business in this	6519
state may be revoked or suspended.	6520

(W) "Major drug offender" means an offender who is convicted	6521
of or pleads guilty to the possession of, sale of, or offer to	6522
sell any drug, compound, mixture, preparation, or substance that	6523
consists of or contains at least one thousand grams of hashish; at	6524
least one hundred grams of ~~crack~~ cocaine; ~~at least one thousand~~	6525
~~grams of cocaine that is not crack cocaine;~~ at least two thousand	6526
five hundred unit doses or two hundred fifty grams of heroin; at	6527
least five thousand unit doses of L.S.D. or five hundred grams of	6528
L.S.D. in a liquid concentrate, liquid extract, or liquid	6529
distillate form; or at least one hundred times the amount of any	6530
other schedule I or II controlled substance other than marihuana	6531
that is necessary to commit a felony of the third degree pursuant	6532
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	6533
Code that is based on the possession of, sale of, or offer to sell	6534
the controlled substance.	6535

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

6536

(1) Subject to division (X)(2) of this section, the term in	6537
prison that must be imposed for the offenses or circumstances set	6538
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	6539
2929.13 and division (D) of section 2929.14 of the Revised Code.	6540
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	6541
and 2925.11 of the Revised Code, unless the maximum or another	6542
specific term is required under section 2929.14 or 2929.142 of the	6543
Revised Code, a mandatory prison term described in this division	6544
may be any prison term authorized for the level of offense.	6545

(2) The term of sixty or one hundred twenty days in prison	6546
that a sentencing court is required to impose for a third or	6547
fourth degree felony OVI offense pursuant to division (G)(2) of	6548
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	6549
of the Revised Code or the term of one, two, three, four, or five	6550
years in prison that a sentencing court is required to impose	6551
pursuant to division (G)(2) of section 2929.13 of the Revised	6552
Code.	6553

(3) The term in prison imposed pursuant to division (A) of	6554
section 2971.03 of the Revised Code for the offenses and in the	6555
circumstances described in division (F)(11) of section 2929.13 of	6556
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	6557
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	6558
2971.03 of the Revised Code and that term as modified or	6559
terminated pursuant to section 2971.05 of the Revised Code.	6560

(Y) "Monitored time" means a period of time during which an	6561
offender continues to be under the control of the sentencing court	6562
or parole board, subject to no conditions other than leading a	6563
law-abiding life.	6564

(Z) "Offender" means a person who, in this state, is	6565
convicted of or pleads guilty to a felony or a misdemeanor.	6566

(AA) "Prison" means a residential facility used for the	6567
confinement of convicted felony offenders that is under the	6568
control of the department of rehabilitation and correction but	6569
does not include a violation sanction center operated under	6570
authority of section 2967.141 of the Revised Code.	6571

(BB) "Prison term" includes either of the following sanctions	6572
for an offender:	6573

(1) A stated prison term;

6574

(2) A term in a prison shortened by, or with the approval of,	6575
the sentencing court pursuant to section 2929.143, 2929.20,	6576
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	6577

(CC) "Repeat violent offender" means a person about whom both	6578
of the following apply:	6579

(1) The person is being sentenced for committing or for	6580
complicity in committing any of the following:	6581

(a) Aggravated murder, murder, any felony of the first or	6582
second degree that is an offense of violence, or an attempt to	6583
commit any of these offenses if the attempt is a felony of the	6584
first or second degree;	6585

(b) An offense under an existing or former law of this state,	6586
another state, or the United States that is or was substantially	6587
equivalent to an offense described in division (CC)(1)(a) of this	6588
section.	6589

(2) The person previously was convicted of or pleaded guilty	6590
to an offense described in division (CC)(1)(a) or (b) of this	6591
section.	6592

(DD) "Sanction" means any penalty imposed upon an offender	6593
who is convicted of or pleads guilty to an offense, as punishment	6594
for the offense. "Sanction" includes any sanction imposed pursuant	6595
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	6596
2929.28 of the Revised Code.	6597

(EE) "Sentence" means the sanction or combination of	6598
sanctions imposed by the sentencing court on an offender who is	6599
convicted of or pleads guilty to an offense.	6600

(FF) "Stated prison term" means the prison term, mandatory	6601
prison term, or combination of all prison terms and mandatory	6602
prison terms imposed by the sentencing court pursuant to section	6603
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	6604
2919.25 of the Revised Code. "Stated prison term" includes any	6605
credit received by the offender for time spent in jail awaiting	6606
trial, sentencing, or transfer to prison for the offense and any	6607
time spent under house arrest or house arrest with electronic	6608
monitoring imposed after earning credits pursuant to section	6609
2967.193 of the Revised Code.	6610

(GG) "Victim-offender mediation" means a reconciliation or	6611
mediation program that involves an offender and the victim of the	6612
offense committed by the offender and that includes a meeting in	6613
which the offender and the victim may discuss the offense, discuss	6614
restitution, and consider other sanctions for the offense.	6615

(HH) "Fourth degree felony OVI offense" means a violation of	6616
division (A) of section 4511.19 of the Revised Code that, under	6617
division (G) of that section, is a felony of the fourth degree.	6618

(II) "Mandatory term of local incarceration" means the term	6619
of sixty or one hundred twenty days in a jail, a community-based	6620
correctional facility, a halfway house, or an alternative	6621
residential facility that a sentencing court may impose upon a	6622
person who is convicted of or pleads guilty to a fourth degree	6623
felony OVI offense pursuant to division (G)(1) of section 2929.13	6624
of the Revised Code and division (G)(1)(d) or (e) of section	6625
4511.19 of the Revised Code.	6626

(JJ) "Designated homicide, assault, or kidnapping offense,"	6627
"violent sex offense," "sexual motivation specification,"	6628
"sexually violent offense," "sexually violent predator," and	6629
"sexually violent predator specification" have the same meanings	6630
as in section 2971.01 of the Revised Code.	6631

(KK) "Sexually oriented offense," "child-victim oriented	6632
offense," and "tier III sex offender/child-victim offender," have	6633
the same meanings as in section 2950.01 of the Revised Code.	6634

(LL) An offense is "committed in the vicinity of a child" if	6635
the offender commits the offense within thirty feet of or within	6636
the same residential unit as a child who is under eighteen years	6637
of age, regardless of whether the offender knows the age of the	6638
child or whether the offender knows the offense is being committed	6639
within thirty feet of or within the same residential unit as the	6640
child and regardless of whether the child actually views the	6641
commission of the offense.	6642

(MM) "Family or household member" has the same meaning as in	6643
section 2919.25 of the Revised Code.	6644

(NN) "Motor vehicle" and "manufactured home" have the same	6645
meanings as in section 4501.01 of the Revised Code.	6646

(OO) "Detention" and "detention facility" have the same	6647
meanings as in section 2921.01 of the Revised Code.	6648

(PP) "Third degree felony OVI offense" means a violation of	6649
division (A) of section 4511.19 of the Revised Code that, under	6650
division (G) of that section, is a felony of the third degree.	6651

(QQ) "Random drug testing" has the same meaning as in section	6652
5120.63 of the Revised Code.	6653

(RR) "Felony sex offense" has the same meaning as in section	6654
2967.28 of the Revised Code.	6655

(SS) "Body armor" has the same meaning as in section	6656
2941.1411 of the Revised Code.	6657

(TT) "Electronic monitoring" means monitoring through the use	6658
of an electronic monitoring device.	6659

(UU) "Electronic monitoring device" means any of the	6660
following:	6661

(1) Any device that can be operated by electrical or battery	6662
power and that conforms with all of the following:	6663

(a) The device has a transmitter that can be attached to a	6664
person, that will transmit a specified signal to a receiver of the	6665
type described in division (UU)(1)(b) of this section if the	6666
transmitter is removed from the person, turned off, or altered in	6667
any manner without prior court approval in relation to electronic	6668
monitoring or without prior approval of the department of	6669
rehabilitation and correction in relation to the use of an	6670
electronic monitoring device for an inmate on transitional control	6671
or otherwise is tampered with, that can transmit continuously and	6672
periodically a signal to that receiver when the person is within a	6673
specified distance from the receiver, and that can transmit an	6674
appropriate signal to that receiver if the person to whom it is	6675
attached travels a specified distance from that receiver.	6676

(b) The device has a receiver that can receive continuously	6677
the signals transmitted by a transmitter of the type described in	6678
division (UU)(1)(a) of this section, can transmit continuously	6679
those signals by a wireless or landline telephone connection to a	6680
central monitoring computer of the type described in division	6681
(UU)(1)(c) of this section, and can transmit continuously an	6682
appropriate signal to that central monitoring computer if the	6683
device has been turned off or altered without prior court approval	6684
or otherwise tampered with. The device is designed specifically	6685
for use in electronic monitoring, is not a converted wireless	6686
phone or another tracking device that is clearly not designed for	6687
electronic monitoring, and provides a means of text-based or voice	6688
communication with the person.	6689

(c) The device has a central monitoring computer that can	6690
receive continuously the signals transmitted by a wireless or	6691
landline telephone connection by a receiver of the type described	6692
in division (UU)(1)(b) of this section and can monitor	6693
continuously the person to whom an electronic monitoring device of	6694
the type described in division (UU)(1)(a) of this section is	6695
attached.	6696

(2) Any device that is not a device of the type described in	6697
division (UU)(1) of this section and that conforms with all of the	6698
following:	6699

(a) The device includes a transmitter and receiver that can	6700
monitor and determine the location of a subject person at any	6701
time, or at a designated point in time, through the use of a	6702
central monitoring computer or through other electronic means.	6703

(b) The device includes a transmitter and receiver that can	6704
determine at any time, or at a designated point in time, through	6705
the use of a central monitoring computer or other electronic means	6706
the fact that the transmitter is turned off or altered in any	6707
manner without prior approval of the court in relation to the	6708
electronic monitoring or without prior approval of the department	6709
of rehabilitation and correction in relation to the use of an	6710
electronic monitoring device for an inmate on transitional control	6711
or otherwise is tampered with.	6712

(3) Any type of technology that can adequately track or	6713
determine the location of a subject person at any time and that is	6714
approved by the director of rehabilitation and correction,	6715
including, but not limited to, any satellite technology, voice	6716
tracking system, or retinal scanning system that is so approved.	6717

(VV) "Non-economic loss" means nonpecuniary harm suffered by	6718
a victim of an offense as a result of or related to the commission	6719
of the offense, including, but not limited to, pain and suffering;	6720
loss of society, consortium, companionship, care, assistance,	6721
attention, protection, advice, guidance, counsel, instruction,	6722
training, or education; mental anguish; and any other intangible	6723
loss.	6724

(WW) "Prosecutor" has the same meaning as in section 2935.01	6725
of the Revised Code.	6726

(XX) "Continuous alcohol monitoring" means the ability to	6727
automatically test and periodically transmit alcohol consumption	6728
levels and tamper attempts at least every hour, regardless of the	6729
location of the person who is being monitored.	6730

(YY) A person is "adjudicated a sexually violent predator" if	6731
the person is convicted of or pleads guilty to a violent sex	6732
offense and also is convicted of or pleads guilty to a sexually	6733
violent predator specification that was included in the	6734
indictment, count in the indictment, or information charging that	6735
violent sex offense or if the person is convicted of or pleads	6736
guilty to a designated homicide, assault, or kidnapping offense	6737
and also is convicted of or pleads guilty to both a sexual	6738
motivation specification and a sexually violent predator	6739
specification that were included in the indictment, count in the	6740
indictment, or information charging that designated homicide,	6741
assault, or kidnapping offense.	6742

(ZZ) An offense is "committed in proximity to a school" if	6743
the offender commits the offense in a school safety zone or within	6744
five hundred feet of any school building or the boundaries of any	6745
school premises, regardless of whether the offender knows the	6746
offense is being committed in a school safety zone or within five	6747
hundred feet of any school building or the boundaries of any	6748
school premises.	6749

(AAA) "Human trafficking" means a scheme or plan to which all	6750
of the following apply:	6751

(1) Its object is to subject a victim or victims to	6752
involuntary servitude, as defined in section 2905.31 of the	6753
Revised Code, to compel a victim or victims to engage in sexual	6754
activity for hire, to engage in a performance that is obscene,	6755
sexually oriented, or nudity oriented, or to be a model or	6756
participant in the production of material that is obscene,	6757
sexually oriented, or nudity oriented.	6758

(2) It involves at least two felony offenses, whether or not	6759
there has been a prior conviction for any of the felony offenses,	6760
to which all of the following apply:	6761

(a) Each of the felony offenses is a violation of section	6762
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	6763
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	6764
(4), or (5) of section 2919.22 of the Revised Code or is a	6765
violation of a law of any state other than this state that is	6766
substantially similar to any of the sections or divisions of the	6767
Revised Code identified in this division.	6768

(b) At least one of the felony offenses was committed in this	6769
state.	6770

(c) The felony offenses are related to the same scheme or	6771
plan and are not isolated instances.	6772

(BBB) "Material," "nudity," "obscene," "performance," and	6773
"sexual activity" have the same meanings as in section 2907.01 of	6774
the Revised Code.	6775

(CCC) "Material that is obscene, sexually oriented, or nudity	6776
oriented" means any material that is obscene, that shows a person	6777
participating or engaging in sexual activity, masturbation, or	6778
bestiality, or that shows a person in a state of nudity.	6779

(DDD) "Performance that is obscene, sexually oriented, or	6780
nudity oriented" means any performance that is obscene, that shows	6781
a person participating or engaging in sexual activity,	6782
masturbation, or bestiality, or that shows a person in a state of	6783
nudity.	6784

Sec. 2929.13. (A) Except as provided in division (E), (F),	6785
or (G) of this section and unless a specific sanction is required	6786
to be imposed or is precluded from being imposed pursuant to law,	6787
a court that imposes a sentence upon an offender for a felony may	6788
impose any sanction or combination of sanctions on the offender	6789
that are provided in sections 2929.14 to 2929.18 of the Revised	6790
Code. The sentence shall not impose an unnecessary burden on state	6791
or local government resources.	6792

If the offender is eligible to be sentenced to community	6793
control sanctions, the court shall consider the appropriateness of	6794
imposing a financial sanction pursuant to section 2929.18 of the	6795
Revised Code or a sanction of community service pursuant to	6796
section 2929.17 of the Revised Code as the sole sanction for the	6797
offense. Except as otherwise provided in this division, if the	6798
court is required to impose a mandatory prison term for the	6799
offense for which sentence is being imposed, the court also shall	6800
impose any financial sanction pursuant to section 2929.18 of the	6801
Revised Code that is required for the offense and may impose any	6802
other financial sanction pursuant to that section but may not	6803
impose any additional sanction or combination of sanctions under	6804
section 2929.16 or 2929.17 of the Revised Code.	6805

If the offender is being sentenced for a fourth degree felony	6806
OVI offense or for a third degree felony OVI offense, in addition	6807
to the mandatory term of local incarceration or the mandatory	6808
prison term required for the offense by division (G)(1) or (2) of	6809
this section, the court shall impose upon the offender a mandatory	6810
fine in accordance with division (B)(3) of section 2929.18 of the	6811
Revised Code and may impose whichever of the following is	6812
applicable:	6813

(1) For a fourth degree felony OVI offense for which sentence	6814
is imposed under division (G)(1) of this section, an additional	6815
community control sanction or combination of community control	6816
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	6817
the court imposes upon the offender a community control sanction	6818
and the offender violates any condition of the community control	6819
sanction, the court may take any action prescribed in division (B)	6820
of section 2929.15 of the Revised Code relative to the offender,	6821
including imposing a prison term on the offender pursuant to that	6822
division.	6823

(2) For a third or fourth degree felony OVI offense for which	6824
sentence is imposed under division (G)(2) of this section, an	6825
additional prison term as described in division (D)(4) of section	6826
2929.14 of the Revised Code or a community control sanction as	6827
described in division (G)(2) of this section.	6828

(B)(1) Except as provided in division (B)(2), (E), (F), or	6829
(G) of this section, in sentencing an offender for a felony of the	6830
fourth or fifth degree, the sentencing court shall determine	6831
whether any of the following apply:	6832

(a) In committing the offense, the offender caused physical	6833
harm to a person.	6834

(b) In committing the offense, the offender attempted to	6835
cause or made an actual threat of physical harm to a person with a	6836
deadly weapon.	6837

(c) In committing the offense, the offender attempted to	6838
cause or made an actual threat of physical harm to a person, and	6839
the offender previously was convicted of an offense that caused	6840
physical harm to a person.	6841

(d) The offender held a public office or position of trust	6842
and the offense related to that office or position; the offender's	6843
position obliged the offender to prevent the offense or to bring	6844
those committing it to justice; or the offender's professional	6845
reputation or position facilitated the offense or was likely to	6846
influence the future conduct of others.	6847

(e) The offender committed the offense for hire or as part of	6848
an organized criminal activity.	6849

(f) The offense is a sex offense that is a fourth or fifth	6850
degree felony violation of section 2907.03, 2907.04, 2907.05,	6851
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	6852
Revised Code.	6853

(g) The offender at the time of the offense was serving, or	6854
the offender previously had served, a prison term.	6855

(h) The offender committed the offense while under a	6856
community control sanction, while on probation, or while released	6857
from custody on a bond or personal recognizance.	6858

(i) The offender committed the offense while in possession of	6859
a firearm.	6860

(2)(a) If the court makes a finding described in division	6861
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	6862
section and if the court, after considering the factors set forth	6863
in section 2929.12 of the Revised Code, finds that a prison term	6864
is consistent with the purposes and principles of sentencing set	6865
forth in section 2929.11 of the Revised Code and finds that the	6866
offender is not amenable to an available community control	6867
sanction, the court shall impose a prison term upon the offender.	6868

(b) Except as provided in division (E), (F), or (G) of this	6869
section, if the court does not make a finding described in	6870
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	6871
this section and if the court, after considering the factors set	6872
forth in section 2929.12 of the Revised Code, finds that a	6873
community control sanction or combination of community control	6874
sanctions is consistent with the purposes and principles of	6875
sentencing set forth in section 2929.11 of the Revised Code, the	6876
court shall impose a community control sanction or combination of	6877
community control sanctions upon the offender.	6878

(C) Except as provided in division (D), (E), (F), or (G) of	6879
this section, in determining whether to impose a prison term as a	6880
sanction for a felony of the third degree or a felony drug offense	6881
that is a violation of a provision of Chapter 2925. of the Revised	6882
Code and that is specified as being subject to this division for	6883
purposes of sentencing, the sentencing court shall comply with the	6884
purposes and principles of sentencing under section 2929.11 of the	6885
Revised Code and with section 2929.12 of the Revised Code.	6886

(D)(1) Except as provided in division (E) or (F) of this	6887
section, for a felony of the first or second degree, for a felony	6888
drug offense that is a violation of any provision of Chapter	6889
2925., 3719., or 4729. of the Revised Code for which a presumption	6890
in favor of a prison term is specified as being applicable, and	6891
for a violation of division (A)(4) or (B) of section 2907.05 of	6892
the Revised Code for which a presumption in favor of a prison term	6893
is specified as being applicable, it is presumed that a prison	6894
term is necessary in order to comply with the purposes and	6895
principles of sentencing under section 2929.11 of the Revised	6896
Code. Division (D)(2) of this section does not apply to a	6897
presumption established under this division for a violation of	6898
division (A)(4) of section 2907.05 of the Revised Code.	6899

(2) Notwithstanding the presumption established under	6900
division (D)(1) of this section for the offenses listed in that	6901
division other than a violation of division (A)(4) or (B) of	6902
section 2907.05 of the Revised Code, the sentencing court may	6903
impose a community control sanction or a combination of community	6904
control sanctions instead of a prison term on an offender for a	6905
felony of the first or second degree or for a felony drug offense	6906
that is a violation of any provision of Chapter 2925., 3719., or	6907
4729. of the Revised Code for which a presumption in favor of a	6908
prison term is specified as being applicable if it makes both of	6909
the following findings:	6910

(a) A community control sanction or a combination of	6911
community control sanctions would adequately punish the offender	6912
and protect the public from future crime, because the applicable	6913
factors under section 2929.12 of the Revised Code indicating a	6914
lesser likelihood of recidivism outweigh the applicable factors	6915
under that section indicating a greater likelihood of recidivism.	6916

(b) A community control sanction or a combination of	6917
community control sanctions would not demean the seriousness of	6918
the offense, because one or more factors under section 2929.12 of	6919
the Revised Code that indicate that the offender's conduct was	6920
less serious than conduct normally constituting the offense are	6921
applicable, and they outweigh the applicable factors under that	6922
section that indicate that the offender's conduct was more serious	6923
than conduct normally constituting the offense.	6924

(E)(1) Except as provided in division (F) of this section,	6925
for any drug offense that is a violation of any provision of	6926
Chapter 2925. of the Revised Code and that is a felony of the	6927
third, fourth, or fifth degree, the applicability of a presumption	6928
under division (D) of this section in favor of a prison term or of	6929
division (B) or (C) of this section in determining whether to	6930
impose a prison term for the offense shall be determined as	6931
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	6932
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	6933
Revised Code, whichever is applicable regarding the violation.	6934

(2) If an offender who was convicted of or pleaded guilty to	6935
a felony violates the conditions of a community control sanction	6936
imposed for the offense solely by reason of producing positive	6937
results on a drug test, the court, as punishment for the violation	6938
of the sanction, shall not order that the offender be imprisoned	6939
unless the court determines on the record either of the following:	6940

(a) The offender had been ordered as a sanction for the	6941
felony to participate in a drug treatment program, in a drug	6942
education program, or in narcotics anonymous or a similar program,	6943
and the offender continued to use illegal drugs after a reasonable	6944
period of participation in the program.	6945

(b) The imprisonment of the offender for the violation is	6946
consistent with the purposes and principles of sentencing set	6947
forth in section 2929.11 of the Revised Code.	6948

(3) A court that sentences an offender for a drug abuse	6949
offense that is a felony of the third, fourth, or fifth degree may	6950
require that the offender be assessed by a properly credentialed	6951
professional within a specified period of time. The court shall	6952
require the professional to file a written assessment of the	6953
offender with the court. If the offender is eligible for a	6954
community control sanction and after considering the written	6955
assessment, the court may impose a community control sanction that	6956
includes treatment and recovery support services authorized by	6957
section 3793.02 of the Revised Code. If the court imposes	6958
treatment and recovery support services as a community control	6959
sanction, the court shall direct the level and type of treatment	6960
and recovery support services after considering the assessment and	6961
recommendation of treatment and recovery support services	6962
providers.	6963

(F) Notwithstanding divisions (A) to (E) of this section, the	6964
court shall impose a prison term or terms under sections 2929.02	6965
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	6966
of the Revised Code and except as specifically provided in section	6967
2929.20, division (C) of section 2967.19, or section 2967.191 of	6968
the Revised Code or when parole is authorized for the offense	6969
under section 2967.13 of the Revised Code shall not reduce the	6970
term or terms pursuant to section 2929.20, section 2967.19,	6971
section 2967.193, or any other provision of Chapter 2967. or	6972
Chapter 5120. of the Revised Code for any of the following	6973
offenses:	6974

(1) Aggravated murder when death is not imposed or murder;

6975

(2) Any rape, regardless of whether force was involved and	6976
regardless of the age of the victim, or an attempt to commit rape	6977
if, had the offender completed the rape that was attempted, the	6978
offender would have been guilty of a violation of division	6979
(A)(1)(b) of section 2907.02 of the Revised Code and would be	6980
sentenced under section 2971.03 of the Revised Code;	6981

(3) Gross sexual imposition or sexual battery, if the victim	6982
is less than thirteen years of age and if any of the following	6983
applies:	6984

(a) Regarding gross sexual imposition, the offender	6985
previously was convicted of or pleaded guilty to rape, the former	6986
offense of felonious sexual penetration, gross sexual imposition,	6987
or sexual battery, and the victim of the previous offense was less	6988
than thirteen years of age;	6989

(b) Regarding gross sexual imposition, the offense was	6990
committed on or after August 3, 2006, and evidence other than the	6991
testimony of the victim was admitted in the case corroborating the	6992
violation.	6993

(c) Regarding sexual battery, either of the following	6994
applies:	6995

(i) The offense was committed prior to August 3, 2006, the	6996
offender previously was convicted of or pleaded guilty to rape,	6997
the former offense of felonious sexual penetration, or sexual	6998
battery, and the victim of the previous offense was less than	6999
thirteen years of age.	7000

(ii) The offense was committed on or after August 3, 2006.

7001

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	7002
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	7003
section requires the imposition of a prison term;	7004

(5) A first, second, or third degree felony drug offense for	7005
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	7006
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	7007
4729.99 of the Revised Code, whichever is applicable regarding the	7008
violation, requires the imposition of a mandatory prison term;	7009

(6) Any offense that is a first or second degree felony and	7010
that is not set forth in division (F)(1), (2), (3), or (4) of this	7011
section, if the offender previously was convicted of or pleaded	7012
guilty to aggravated murder, murder, any first or second degree	7013
felony, or an offense under an existing or former law of this	7014
state, another state, or the United States that is or was	7015
substantially equivalent to one of those offenses;	7016

(7) Any offense that is a third degree felony and either is a	7017
violation of section 2903.04 of the Revised Code or an attempt to	7018
commit a felony of the second degree that is an offense of	7019
violence and involved an attempt to cause serious physical harm to	7020
a person or that resulted in serious physical harm to a person if	7021
the offender previously was convicted of or pleaded guilty to any	7022
of the following offenses:	7023

(a) Aggravated murder, murder, involuntary manslaughter,	7024
rape, felonious sexual penetration as it existed under section	7025
2907.12 of the Revised Code prior to September 3, 1996, a felony	7026
of the first or second degree that resulted in the death of a	7027
person or in physical harm to a person, or complicity in or an	7028
attempt to commit any of those offenses;	7029

(b) An offense under an existing or former law of this state,	7030
another state, or the United States that is or was substantially	7031
equivalent to an offense listed in division (F)(7)(a) of this	7032
section that resulted in the death of a person or in physical harm	7033
to a person.	7034

(8) Any offense, other than a violation of section 2923.12 of	7035
the Revised Code, that is a felony, if the offender had a firearm	7036
on or about the offender's person or under the offender's control	7037
while committing the felony, with respect to a portion of the	7038
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	7039
of the Revised Code for having the firearm;	7040

(9) Any offense of violence that is a felony, if the offender	7041
wore or carried body armor while committing the felony offense of	7042
violence, with respect to the portion of the sentence imposed	7043
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	7044
Code for wearing or carrying the body armor;	7045

(10) Corrupt activity in violation of section 2923.32 of the	7046
Revised Code when the most serious offense in the pattern of	7047
corrupt activity that is the basis of the offense is a felony of	7048
the first degree;	7049

(11) Any violent sex offense or designated homicide, assault,	7050
or kidnapping offense if, in relation to that offense, the	7051
offender is adjudicated a sexually violent predator;	7052

(12) A violation of division (A)(1) or (2) of section 2921.36	7053
of the Revised Code, or a violation of division (C) of that	7054
section involving an item listed in division (A)(1) or (2) of that	7055
section, if the offender is an officer or employee of the	7056
department of rehabilitation and correction;	7057

(13) A violation of division (A)(1) or (2) of section 2903.06	7058
of the Revised Code if the victim of the offense is a peace	7059
officer, as defined in section 2935.01 of the Revised Code, or an	7060
investigator of the bureau of criminal identification and	7061
investigation, as defined in section 2903.11 of the Revised Code,	7062
with respect to the portion of the sentence imposed pursuant to	7063
division (D)(5) of section 2929.14 of the Revised Code;	7064

(14) A violation of division (A)(1) or (2) of section 2903.06	7065
of the Revised Code if the offender has been convicted of or	7066
pleaded guilty to three or more violations of division (A) or (B)	7067
of section 4511.19 of the Revised Code or an equivalent offense,	7068
as defined in section 2941.1415 of the Revised Code, or three or	7069
more violations of any combination of those divisions and	7070
offenses, with respect to the portion of the sentence imposed	7071
pursuant to division (D)(6) of section 2929.14 of the Revised	7072
Code;	7073

(15) Kidnapping, in the circumstances specified in section	7074
2971.03 of the Revised Code and when no other provision of	7075
division (F) of this section applies;	7076

(16) Kidnapping, abduction, compelling prostitution,	7077
promoting prostitution, engaging in a pattern of corrupt activity,	7078
illegal use of a minor in a nudity-oriented material or	7079
performance in violation of division (A)(1) or (2) of section	7080
2907.323 of the Revised Code, or endangering children in violation	7081
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	7082
the Revised Code, if the offender is convicted of or pleads guilty	7083
to a specification as described in section 2941.1422 of the	7084
Revised Code that was included in the indictment, count in the	7085
indictment, or information charging the offense;	7086

(17) A felony violation of division (A) or (B) of section	7087
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	7088
that section, and division (D)(6) of that section, require the	7089
imposition of a prison term;	7090

(18) A felony violation of section 2903.11, 2903.12, or	7091
2903.13 of the Revised Code, if the victim of the offense was a	7092
woman that the offender knew was pregnant at the time of the	7093
violation, with respect to a portion of the sentence imposed	7094
pursuant to division (D)(8) of section 2929.14 of the Revised	7095
Code.	7096

(G) Notwithstanding divisions (A) to (E) of this section, if	7097
an offender is being sentenced for a fourth degree felony OVI	7098
offense or for a third degree felony OVI offense, the court shall	7099
impose upon the offender a mandatory term of local incarceration	7100
or a mandatory prison term in accordance with the following:	7101

(1) If the offender is being sentenced for a fourth degree	7102
felony OVI offense and if the offender has not been convicted of	7103
and has not pleaded guilty to a specification of the type	7104
described in section 2941.1413 of the Revised Code, the court may	7105
impose upon the offender a mandatory term of local incarceration	7106
of sixty days or one hundred twenty days as specified in division	7107
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	7108
not reduce the term pursuant to section 2929.20, 2967.193, or any	7109
other provision of the Revised Code. The court that imposes a	7110
mandatory term of local incarceration under this division shall	7111
specify whether the term is to be served in a jail, a	7112
community-based correctional facility, a halfway house, or an	7113
alternative residential facility, and the offender shall serve the	7114
term in the type of facility specified by the court. A mandatory	7115
term of local incarceration imposed under division (G)(1) of this	7116
section is not subject to any other Revised Code provision that	7117
pertains to a prison term except as provided in division (A)(1) of	7118
this section.	7119

(2) If the offender is being sentenced for a third degree	7120
felony OVI offense, or if the offender is being sentenced for a	7121
fourth degree felony OVI offense and the court does not impose a	7122
mandatory term of local incarceration under division (G)(1) of	7123
this section, the court shall impose upon the offender a mandatory	7124
prison term of one, two, three, four, or five years if the	7125
offender also is convicted of or also pleads guilty to a	7126
specification of the type described in section 2941.1413 of the	7127
Revised Code or shall impose upon the offender a mandatory prison	7128
term of sixty days or one hundred twenty days as specified in	7129
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	7130
if the offender has not been convicted of and has not pleaded	7131
guilty to a specification of that type. ~~The~~Subject to division	7132
(C) of section 2967.19 of the Revised Code, the court shall not	7133
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	7134
any other provision of the Revised Code. The offender shall serve	7135
the one-, two-, three-, four-, or five-year mandatory prison term	7136
consecutively to and prior to the prison term imposed for the	7137
underlying offense and consecutively to any other mandatory prison	7138
term imposed in relation to the offense. In no case shall an	7139
offender who once has been sentenced to a mandatory term of local	7140
incarceration pursuant to division (G)(1) of this section for a	7141
fourth degree felony OVI offense be sentenced to another mandatory	7142
term of local incarceration under that division for any violation	7143
of division (A) of section 4511.19 of the Revised Code. In	7144
addition to the mandatory prison term described in division (G)(2)	7145
of this section, the court may sentence the offender to a	7146
community control sanction under section 2929.16 or 2929.17 of the	7147
Revised Code, but the offender shall serve the prison term prior	7148
to serving the community control sanction. The department of	7149
rehabilitation and correction may place an offender sentenced to a	7150
mandatory prison term under this division in an intensive program	7151
prison established pursuant to section 5120.033 of the Revised	7152
Code if the department gave the sentencing judge prior notice of	7153
its intent to place the offender in an intensive program prison	7154
established under that section and if the judge did not notify the	7155
department that the judge disapproved the placement. Upon the	7156
establishment of the initial intensive program prison pursuant to	7157
section 5120.033 of the Revised Code that is privately operated	7158
and managed by a contractor pursuant to a contract entered into	7159
under section 9.06 of the Revised Code, both of the following	7160
apply:	7161

(a) The department of rehabilitation and correction shall	7162
make a reasonable effort to ensure that a sufficient number of	7163
offenders sentenced to a mandatory prison term under this division	7164
are placed in the privately operated and managed prison so that	7165
the privately operated and managed prison has full occupancy.	7166

(b) Unless the privately operated and managed prison has full	7167
occupancy, the department of rehabilitation and correction shall	7168
not place any offender sentenced to a mandatory prison term under	7169
this division in any intensive program prison established pursuant	7170
to section 5120.033 of the Revised Code other than the privately	7171
operated and managed prison.	7172

(H) If an offender is being sentenced for a sexually oriented	7173
offense or child-victim oriented offense that is a felony	7174
committed on or after January 1, 1997, the judge shall require the	7175
offender to submit to a DNA specimen collection procedure pursuant	7176
to section 2901.07 of the Revised Code.	7177

(I) If an offender is being sentenced for a sexually oriented	7178
offense or a child-victim oriented offense committed on or after	7179
January 1, 1997, the judge shall include in the sentence a summary	7180
of the offender's duties imposed under sections 2950.04, 2950.041,	7181
2950.05, and 2950.06 of the Revised Code and the duration of the	7182
duties. The judge shall inform the offender, at the time of	7183
sentencing, of those duties and of their duration. If required	7184
under division (A)(2) of section 2950.03 of the Revised Code, the	7185
judge shall perform the duties specified in that section, or, if	7186
required under division (A)(6) of section 2950.03 of the Revised	7187
Code, the judge shall perform the duties specified in that	7188
division.	7189

(J)(1) Except as provided in division (J)(2) of this section,	7190
when considering sentencing factors under this section in relation	7191
to an offender who is convicted of or pleads guilty to an attempt	7192
to commit an offense in violation of section 2923.02 of the	7193
Revised Code, the sentencing court shall consider the factors	7194
applicable to the felony category of the violation of section	7195
2923.02 of the Revised Code instead of the factors applicable to	7196
the felony category of the offense attempted.	7197

(2) When considering sentencing factors under this section in	7198
relation to an offender who is convicted of or pleads guilty to an	7199
attempt to commit a drug abuse offense for which the penalty is	7200
determined by the amount or number of unit doses of the controlled	7201
substance involved in the drug abuse offense, the sentencing court	7202
shall consider the factors applicable to the felony category that	7203
the drug abuse offense attempted would be if that drug abuse	7204
offense had been committed and had involved an amount or number of	7205
unit doses of the controlled substance that is within the next	7206
lower range of controlled substance amounts than was involved in	7207
the attempt.	7208

(K) As used in this section, "drug abuse offense" has the	7209
same meaning as in section 2925.01 of the Revised Code.	7210

(L) At the time of sentencing an offender for any sexually	7211
oriented offense, if the offender is a tier III sex	7212
offender/child-victim offender relative to that offense and the	7213
offender does not serve a prison term or jail term, the court may	7214
require that the offender be monitored by means of a global	7215
positioning device. If the court requires such monitoring, the	7216
cost of monitoring shall be borne by the offender. If the offender	7217
is indigent, the cost of compliance shall be paid by the crime	7218
victims reparations fund.	7219

Sec. 2929.14. (A) Except as provided in division (C),	7220
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	7221
(G), (I), (J), or (L), or (M) of this section or in division	7222
(D)(6) of section 2919.25 of the Revised Code and except in	7223
relation to an offense for which a sentence of death or life	7224
imprisonment is to be imposed, if the court imposing a sentence	7225
upon an offender for a felony elects or is required to impose a	7226
prison term on the offender pursuant to this chapter, the court	7227
shall impose a definite prison term that shall be one of the	7228
following:	7229

(1) For a felony of the first degree, the prison term shall	7230
be three, four, five, six, seven, eight, nine, or ten, or eleven	7231
years.	7232

(2) For a felony of the second degree, the prison term shall	7233
be two, three, four, five, six, seven, or eight years.	7234

(3) For a felony of the third degree, the prison term shall	7235
be ~~one, two, three, four, or five years~~nine, twelve, eighteen,	7236
twenty-four, or thirty-six months.	7237

(4) For a felony of the fourth degree, the prison term shall	7238
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	7239
fourteen, fifteen, sixteen, seventeen, or eighteen months.	7240

(5) For a felony of the fifth degree, the prison term shall	7241
be six, seven, eight, nine, ten, eleven, or twelve months.	7242

(B) Except as provided in division (C), (D)(1), (D)(2),	7243
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L), or	7244
(M) of this section, in section 2907.02 , 2907.05, or 2919.25 of	7245
the Revised Code, or in Chapter 2925. of the Revised Code, if the	7246
court imposing a sentence upon an offender for a felony elects or	7247
is required to impose a prison term on the offender, the court	7248
shall impose the shortest prison term authorized for the offense	7249
pursuant to division (A) of this section, unless one or more of	7250
the following applies:	7251

(1) The offender was serving a prison term at the time of the	7252
offense, or the offender previously had served a prison term.	7253

(2) The court finds on the record that the shortest prison	7254
term will demean the seriousness of the offender's conduct or will	7255
not adequately protect the public from future crime by the	7256
offender or others.	7257

(C) Except as provided in division (D)(7), (D)(8), (G), or	7258
(L), or (M) of this section, in section 2919.25 of the Revised	7259
Code, or in Chapter 2925. of the Revised Code, the court imposing	7260
a sentence upon an offender for a felony may impose the longest	7261
prison term authorized for the offense pursuant to division (A) of	7262
this section only upon offenders who committed the worst forms of	7263
the offense, upon offenders who pose the greatest likelihood of	7264
committing future crimes, upon certain major drug offenders under	7265
division (D)(3) of this section, and upon certain repeat violent	7266
offenders in accordance with division (D)(2) of this section.	7267

(D)(1)(a) Except as provided in division (D)(1)(e) of this	7268
section, if an offender who is convicted of or pleads guilty to a	7269
felony also is convicted of or pleads guilty to a specification of	7270
the type described in section 2941.141, 2941.144, or 2941.145 of	7271
the Revised Code, the court shall impose on the offender one of	7272
the following prison terms:	7273

(i) A prison term of six years if the specification is of the	7274
type described in section 2941.144 of the Revised Code that	7275
charges the offender with having a firearm that is an automatic	7276
firearm or that was equipped with a firearm muffler or silencer on	7277
or about the offender's person or under the offender's control	7278
while committing the felony;	7279

(ii) A prison term of three years if the specification is of	7280
the type described in section 2941.145 of the Revised Code that	7281
charges the offender with having a firearm on or about the	7282
offender's person or under the offender's control while committing	7283
the offense and displaying the firearm, brandishing the firearm,	7284
indicating that the offender possessed the firearm, or using it to	7285
facilitate the offense;	7286

(iii) A prison term of one year if the specification is of	7287
the type described in section 2941.141 of the Revised Code that	7288
charges the offender with having a firearm on or about the	7289
offender's person or under the offender's control while committing	7290
the felony.	7291

(b) If a court imposes a prison term on an offender under	7292
division (D)(1)(a) of this section, the prison term shall not be	7293
reduced pursuant to section 2967.19, section 2929.20, section	7294
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	7295
of the Revised Code. Except as provided in division (D)(1)(g) of	7296
this section, a court shall not impose more than one prison term	7297
on an offender under division (D)(1)(a) of this section for	7298
felonies committed as part of the same act or transaction.	7299

(c) Except as provided in division (D)(1)(e) of this section,	7300
if an offender who is convicted of or pleads guilty to a violation	7301
of section 2923.161 of the Revised Code or to a felony that	7302
includes, as an essential element, purposely or knowingly causing	7303
or attempting to cause the death of or physical harm to another,	7304
also is convicted of or pleads guilty to a specification of the	7305
type described in section 2941.146 of the Revised Code that	7306
charges the offender with committing the offense by discharging a	7307
firearm from a motor vehicle other than a manufactured home, the	7308
court, after imposing a prison term on the offender for the	7309
violation of section 2923.161 of the Revised Code or for the other	7310
felony offense under division (A), (D)(2), or (D)(3) of this	7311
section, shall impose an additional prison term of five years upon	7312
the offender that shall not be reduced pursuant to section	7313
2929.20, section 2967.19, section 2967.193, or any other provision	7314
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	7315
shall not impose more than one additional prison term on an	7316
offender under division (D)(1)(c) of this section for felonies	7317
committed as part of the same act or transaction. If a court	7318
imposes an additional prison term on an offender under division	7319
(D)(1)(c) of this section relative to an offense, the court also	7320
shall impose a prison term under division (D)(1)(a) of this	7321
section relative to the same offense, provided the criteria	7322
specified in that division for imposing an additional prison term	7323
are satisfied relative to the offender and the offense.	7324

(d) If an offender who is convicted of or pleads guilty to an	7325
offense of violence that is a felony also is convicted of or	7326
pleads guilty to a specification of the type described in section	7327
2941.1411 of the Revised Code that charges the offender with	7328
wearing or carrying body armor while committing the felony offense	7329
of violence, the court shall impose on the offender a prison term	7330
of two years. The prison term so imposed, subject to division (C)	7331
of section 2967.19 of the Revised Code, shall not be reduced	7332
pursuant to section 2929.20, section 2967.19, section 2967.193, or	7333
any other provision of Chapter 2967. or Chapter 5120. of the	7334
Revised Code. A court shall not impose more than one prison term	7335
on an offender under division (D)(1)(d) of this section for	7336
felonies committed as part of the same act or transaction. If a	7337
court imposes an additional prison term under division (D)(1)(a)	7338
or (c) of this section, the court is not precluded from imposing	7339
an additional prison term under division (D)(1)(d) of this	7340
section.	7341

(e) The court shall not impose any of the prison terms	7342
described in division (D)(1)(a) of this section or any of the	7343
additional prison terms described in division (D)(1)(c) of this	7344
section upon an offender for a violation of section 2923.12 or	7345
2923.123 of the Revised Code. The court shall not impose any of	7346
the prison terms described in division (D)(1)(a) or (b) of this	7347
section upon an offender for a violation of section 2923.122 that	7348
involves a deadly weapon that is a firearm other than a dangerous	7349
ordnance, section 2923.16, or section 2923.121 of the Revised	7350
Code. The court shall not impose any of the prison terms described	7351
in division (D)(1)(a) of this section or any of the additional	7352
prison terms described in division (D)(1)(c) of this section upon	7353
an offender for a violation of section 2923.13 of the Revised Code	7354
unless all of the following apply:	7355

(i) The offender previously has been convicted of aggravated	7356
murder, murder, or any felony of the first or second degree.	7357

(ii) Less than five years have passed since the offender was	7358
released from prison or post-release control, whichever is later,	7359
for the prior offense.	7360

(f) If an offender is convicted of or pleads guilty to a	7361
felony that includes, as an essential element, causing or	7362
attempting to cause the death of or physical harm to another and	7363
also is convicted of or pleads guilty to a specification of the	7364
type described in section 2941.1412 of the Revised Code that	7365
charges the offender with committing the offense by discharging a	7366
firearm at a peace officer as defined in section 2935.01 of the	7367
Revised Code or a corrections officer, as defined in section	7368
2941.1412 of the Revised Code, the court, after imposing a prison	7369
term on the offender for the felony offense under division (A),	7370
(D)(2), or (D)(3) of this section, shall impose an additional	7371
prison term of seven years upon the offender that shall not be	7372
reduced pursuant to section 2929.20, section 2967.19, section	7373
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	7374
of the Revised Code. If an offender is convicted of or pleads	7375
guilty to two or more felonies that include, as an essential	7376
element, causing or attempting to cause the death or physical harm	7377
to another and also is convicted of or pleads guilty to a	7378
specification of the type described under division (D)(1)(f) of	7379
this section in connection with two or more of the felonies of	7380
which the offender is convicted or to which the offender pleads	7381
guilty, the sentencing court shall impose on the offender the	7382
prison term specified under division (D)(1)(f) of this section for	7383
each of two of the specifications of which the offender is	7384
convicted or to which the offender pleads guilty and, in its	7385
discretion, also may impose on the offender the prison term	7386
specified under that division for any or all of the remaining	7387
specifications. If a court imposes an additional prison term on an	7388
offender under division (D)(1)(f) of this section relative to an	7389
offense, the court shall not impose a prison term under division	7390
(D)(1)(a) or (c) of this section relative to the same offense.	7391

(g) If an offender is convicted of or pleads guilty to two or	7392
more felonies, if one or more of those felonies isare aggravated	7393
murder, murder, attempted aggravated murder, attempted murder,	7394
aggravated robbery, felonious assault, or rape, and if the	7395
offender is convicted of or pleads guilty to a specification of	7396
the type described under division (D)(1)(a) of this section in	7397
connection with two or more of the felonies, the sentencing court	7398
shall impose on the offender the prison term specified under	7399
division (D)(1)(a) of this section for each of the two most	7400
serious specifications of which the offender is convicted or to	7401
which the offender pleads guilty and, in its discretion, also may	7402
impose on the offender the prison term specified under that	7403
division for any or all of the remaining specifications.	7404

(2)(a) If division (D)(2)(b) of this section does not apply,	7405
the court may impose on an offender, in addition to the longest	7406
prison term authorized or required for the offense, an additional	7407
definite prison term of one, two, three, four, five, six, seven,	7408
eight, nine, or ten years if all of the following criteria are	7409
met:	7410

(i) The offender is convicted of or pleads guilty to a	7411
specification of the type described in section 2941.149 of the	7412
Revised Code that the offender is a repeat violent offender.	7413

(ii) The offense of which the offender currently is convicted	7414
or to which the offender currently pleads guilty is aggravated	7415
murder and the court does not impose a sentence of death or life	7416
imprisonment without parole, murder, terrorism and the court does	7417
not impose a sentence of life imprisonment without parole, any	7418
felony of the first degree that is an offense of violence and the	7419
court does not impose a sentence of life imprisonment without	7420
parole, or any felony of the second degree that is an offense of	7421
violence and the trier of fact finds that the offense involved an	7422
attempt to cause or a threat to cause serious physical harm to a	7423
person or resulted in serious physical harm to a person.	7424

(iii) The court imposes the longest prison term for the	7425
offense that is not life imprisonment without parole.	7426

(iv) The court finds that the prison terms imposed pursuant	7427
to division (D)(2)(a)(iii) of this section and, if applicable,	7428
division (D)(1) or (3) of this section are inadequate to punish	7429
the offender and protect the public from future crime, because the	7430
applicable factors under section 2929.12 of the Revised Code	7431
indicating a greater likelihood of recidivism outweigh the	7432
applicable factors under that section indicating a lesser	7433
likelihood of recidivism.	7434

(v) The court finds that the prison terms imposed pursuant to	7435
division (D)(2)(a)(iii) of this section and, if applicable,	7436
division (D)(1) or (3) of this section are demeaning to the	7437
seriousness of the offense, because one or more of the factors	7438
under section 2929.12 of the Revised Code indicating that the	7439
offender's conduct is more serious than conduct normally	7440
constituting the offense are present, and they outweigh the	7441
applicable factors under that section indicating that the	7442
offender's conduct is less serious than conduct normally	7443
constituting the offense.	7444

(b) The court shall impose on an offender the longest prison	7445
term authorized or required for the offense and shall impose on	7446
the offender an additional definite prison term of one, two,	7447
three, four, five, six, seven, eight, nine, or ten years if all of	7448
the following criteria are met:	7449

(i) The offender is convicted of or pleads guilty to a	7450
specification of the type described in section 2941.149 of the	7451
Revised Code that the offender is a repeat violent offender.	7452

(ii) The offender within the preceding twenty years has been	7453
convicted of or pleaded guilty to three or more offenses described	7454
in division (CC)(1) of section 2929.01 of the Revised Code,	7455
including all offenses described in that division of which the	7456
offender is convicted or to which the offender pleads guilty in	7457
the current prosecution and all offenses described in that	7458
division of which the offender previously has been convicted or to	7459
which the offender previously pleaded guilty, whether prosecuted	7460
together or separately.	7461

(iii) The offense or offenses of which the offender currently	7462
is convicted or to which the offender currently pleads guilty is	7463
aggravated murder and the court does not impose a sentence of	7464
death or life imprisonment without parole, murder, terrorism and	7465
the court does not impose a sentence of life imprisonment without	7466
parole, any felony of the first degree that is an offense of	7467
violence and the court does not impose a sentence of life	7468
imprisonment without parole, or any felony of the second degree	7469
that is an offense of violence and the trier of fact finds that	7470
the offense involved an attempt to cause or a threat to cause	7471
serious physical harm to a person or resulted in serious physical	7472
harm to a person.	7473

(c) For purposes of division (D)(2)(b) of this section, two	7474
or more offenses committed at the same time or as part of the same	7475
act or event shall be considered one offense, and that one offense	7476
shall be the offense with the greatest penalty.	7477

(d) A sentence imposed under division (D)(2)(a) or (b) of	7478
this section shall not be reduced pursuant to section 2929.20,	7479
section 2967.19, or section 2967.193, or any other provision of	7480
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	7481
shall serve an additional prison term imposed under this section	7482
consecutively to and prior to the prison term imposed for the	7483
underlying offense.	7484

(e) When imposing a sentence pursuant to division (D)(2)(a)	7485
or (b) of this section, the court shall state its findings	7486
explaining the imposed sentence.	7487

(3)(a) Except when an offender commits a violation of section	7488
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	7489
the violation is life imprisonment or commits a violation of	7490
section 2903.02 of the Revised Code, if the offender commits a	7491
violation of section 2925.03 or 2925.11 of the Revised Code and	7492
that section classifies the offender as a major drug offender and	7493
requires the imposition of a ten-year prison term on the offender,	7494
if the offender commits a felony violation of section 2925.02,	7495
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	7496
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	7497
division (C) of section 4729.51, or division (J) of section	7498
4729.54 of the Revised Code that includes the sale, offer to sell,	7499
or possession of a schedule I or II controlled substance, with the	7500
exception of marihuana, and the court imposing sentence upon the	7501
offender finds that the offender is guilty of a specification of	7502
the type described in section 2941.1410 of the Revised Code	7503
charging that the offender is a major drug offender, if the court	7504
imposing sentence upon an offender for a felony finds that the	7505
offender is guilty of corrupt activity with the most serious	7506
offense in the pattern of corrupt activity being a felony of the	7507
first degree, or if the offender is guilty of an attempted	7508
violation of section 2907.02 of the Revised Code and, had the	7509
offender completed the violation of section 2907.02 of the Revised	7510
Code that was attempted, the offender would have been subject to a	7511
sentence of life imprisonment or life imprisonment without parole	7512
for the violation of section 2907.02 of the Revised Code, the	7513
court shall impose upon the offender for the felony violation a	7514
ten-year prison term that, subject to division (C) of section	7515
2967.19 of the Revised Code, cannot be reduced pursuant to section	7516
2929.20, section 2967.19, or any other provision of Chapter 2967.	7517
or 5120. of the Revised Code.	7518

(b) The court imposing a prison term on an offender under	7519
division (D)(3)(a) of this section may impose an additional prison	7520
term of one, two, three, four, five, six, seven, eight, nine, or	7521
ten years, if the court, with respect to the term imposed under	7522
division (D)(3)(a) of this section and, if applicable, divisions	7523
(D)(1) and (2) of this section, makes both of the findings set	7524
forth in divisions (D)(2)(a)(iv) and (v) of this section.	7525

(4) If the offender is being sentenced for a third or fourth	7526
degree felony OVI offense under division (G)(2) of section 2929.13	7527
of the Revised Code, the sentencing court shall impose upon the	7528
offender a mandatory prison term in accordance with that division.	7529
In addition to the mandatory prison term, if the offender is being	7530
sentenced for a fourth degree felony OVI offense, the court,	7531
notwithstanding division (A)(4) of this section, may sentence the	7532
offender to a definite prison term of not less than six months and	7533
not more than thirty months, and if the offender is being	7534
sentenced for a third degree felony OVI offense, the sentencing	7535
court may sentence the offender to an additional prison term of	7536
any duration specified in division (A)(3) of this section. In	7537
either case, the additional prison term imposed shall be reduced	7538
by the sixty or one hundred twenty days imposed upon the offender	7539
as the mandatory prison term. The total of the additional prison	7540
term imposed under division (D)(4) of this section plus the sixty	7541
or one hundred twenty days imposed as the mandatory prison term	7542
shall equal a definite term in the range of six months to thirty	7543
months for a fourth degree felony OVI offense and shall equal one	7544
of the authorized prison terms specified in division (A)(3) of	7545
this section for a third degree felony OVI offense. If the court	7546
imposes an additional prison term under division (D)(4) of this	7547
section, the offender shall serve the additional prison term after	7548
the offender has served the mandatory prison term required for the	7549
offense. In addition to the mandatory prison term or mandatory and	7550
additional prison term imposed as described in division (D)(4) of	7551
this section, the court also may sentence the offender to a	7552
community control sanction under section 2929.16 or 2929.17 of the	7553
Revised Code, but the offender shall serve all of the prison terms	7554
so imposed prior to serving the community control sanction.	7555

If the offender is being sentenced for a fourth degree felony	7556
OVI offense under division (G)(1) of section 2929.13 of the	7557
Revised Code and the court imposes a mandatory term of local	7558
incarceration, the court may impose a prison term as described in	7559
division (A)(1) of that section.	7560

(5) If an offender is convicted of or pleads guilty to a	7561
violation of division (A)(1) or (2) of section 2903.06 of the	7562
Revised Code and also is convicted of or pleads guilty to a	7563
specification of the type described in section 2941.1414 of the	7564
Revised Code that charges that the victim of the offense is a	7565
peace officer, as defined in section 2935.01 of the Revised Code,	7566
or an investigator of the bureau of criminal identification and	7567
investigation, as defined in section 2903.11 of the Revised Code,	7568
the court shall impose on the offender a prison term of five	7569
years. If a court imposes a prison term on an offender under	7570
division (D)(5) of this section, the prison term, subject to	7571
division (C) of section 2967.19 of the Revised Code, shall not be	7572
reduced pursuant to section 2929.20, section 2967.19, section	7573
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	7574
of the Revised Code. A court shall not impose more than one prison	7575
term on an offender under division (D)(5) of this section for	7576
felonies committed as part of the same act.	7577

(6) If an offender is convicted of or pleads guilty to a	7578
violation of division (A)(1) or (2) of section 2903.06 of the	7579
Revised Code and also is convicted of or pleads guilty to a	7580
specification of the type described in section 2941.1415 of the	7581
Revised Code that charges that the offender previously has been	7582
convicted of or pleaded guilty to three or more violations of	7583
division (A) or (B) of section 4511.19 of the Revised Code or an	7584
equivalent offense, as defined in section 2941.1415 of the Revised	7585
Code, or three or more violations of any combination of those	7586
divisions and offenses, the court shall impose on the offender a	7587
prison term of three years. If a court imposes a prison term on an	7588
offender under division (D)(6) of this section, the prison term,	7589
subject to division (C) of section 2967.19 of the Revised Code,	7590
shall not be reduced pursuant to section 2929.20, section 2967.19,	7591
section 2967.193, or any other provision of Chapter 2967. or	7592
Chapter 5120. of the Revised Code. A court shall not impose more	7593
than one prison term on an offender under division (D)(6) of this	7594
section for felonies committed as part of the same act.	7595

(7)(a) If an offender is convicted of or pleads guilty to a	7596
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	7597
2923.32, division (A)(1) or (2) of section 2907.323, or division	7598
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	7599
Code and also is convicted of or pleads guilty to a specification	7600
of the type described in section 2941.1422 of the Revised Code	7601
that charges that the offender knowingly committed the offense in	7602
furtherance of human trafficking, the court shall impose on the	7603
offender a mandatory prison term that is one of the following:	7604

(i) If the offense is a felony of the first degree, a	7605
definite prison term of not less than five years and not greater	7606
than ten years;	7607

(ii) If the offense is a felony of the second or third	7608
degree, a definite prison term of not less than three years and	7609
not greater than the maximum prison term allowed for the offense	7610
by division (A) of section 2929.14 of the Revised Code;	7611

(iii) If the offense is a felony of the fourth or fifth	7612
degree, a definite prison term that is the maximum prison term	7613
allowed for the offense by division (A) of section 2929.14 of the	7614
Revised Code.	7615

(b) ~~The~~Subject to division (C) of section 2967.19 of the	7616
Revised Code, the prison term imposed under division (D)(7)(a) of	7617
this section shall not be reduced pursuant to section 2929.20,	7618
section 2967.19, section 2967.193, or any other provision of	7619
Chapter 2967. of the Revised Code. A court shall not impose more	7620
than one prison term on an offender under division (D)(7)(a) of	7621
this section for felonies committed as part of the same act,	7622
scheme, or plan.	7623

(8) If an offender is convicted of or pleads guilty to a	7624
felony violation of section 2903.11, 2903.12, or 2903.13 of the	7625
Revised Code and also is convicted of or pleads guilty to a	7626
specification of the type described in section 2941.1423 of the	7627
Revised Code that charges that the victim of the violation was a	7628
woman whom the offender knew was pregnant at the time of the	7629
violation, notwithstanding the range of prison terms prescribed in	7630
division (A) of this section for felonies of the same degree as	7631
the violation, the court shall impose on the offender a mandatory	7632
prison term that is either a definite prison term of six months or	7633
one of the prison terms prescribed in section 2929.14 of the	7634
Revised Code for felonies of the same degree as the violation.	7635

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	7636
mandatory prison term is imposed upon an offender pursuant to	7637
division (D)(1)(a) of this section for having a firearm on or	7638
about the offender's person or under the offender's control while	7639
committing a felony, if a mandatory prison term is imposed upon an	7640
offender pursuant to division (D)(1)(c) of this section for	7641
committing a felony specified in that division by discharging a	7642
firearm from a motor vehicle, or if both types of mandatory prison	7643
terms are imposed, the offender shall serve any mandatory prison	7644
term imposed under either division consecutively to any other	7645
mandatory prison term imposed under either division or under	7646
division (D)(1)(d) of this section, consecutively to and prior to	7647
any prison term imposed for the underlying felony pursuant to	7648
division (A), (D)(2), or (D)(3) of this section or any other	7649
section of the Revised Code, and consecutively to any other prison	7650
term or mandatory prison term previously or subsequently imposed	7651
upon the offender.	7652

(b) If a mandatory prison term is imposed upon an offender	7653
pursuant to division (D)(1)(d) of this section for wearing or	7654
carrying body armor while committing an offense of violence that	7655
is a felony, the offender shall serve the mandatory term so	7656
imposed consecutively to any other mandatory prison term imposed	7657
under that division or under division (D)(1)(a) or (c) of this	7658
section, consecutively to and prior to any prison term imposed for	7659
the underlying felony under division (A), (D)(2), or (D)(3) of	7660
this section or any other section of the Revised Code, and	7661
consecutively to any other prison term or mandatory prison term	7662
previously or subsequently imposed upon the offender.	7663

(c) If a mandatory prison term is imposed upon an offender	7664
pursuant to division (D)(1)(f) of this section, the offender shall	7665
serve the mandatory prison term so imposed consecutively to and	7666
prior to any prison term imposed for the underlying felony under	7667
division (A), (D)(2), or (D)(3) of this section or any other	7668
section of the Revised Code, and consecutively to any other prison	7669
term or mandatory prison term previously or subsequently imposed	7670
upon the offender.	7671

(d) If a mandatory prison term is imposed upon an offender	7672
pursuant to division (D)(7) or (8) of this section, the offender	7673
shall serve the mandatory prison term so imposed consecutively to	7674
any other mandatory prison term imposed under that division or	7675
under any other provision of law and consecutively to any other	7676
prison term or mandatory prison term previously or subsequently	7677
imposed upon the offender.	7678

(2) If an offender who is an inmate in a jail, prison, or	7679
other residential detention facility violates section 2917.02,	7680
2917.03, ~~2921.34,~~ or 2921.35 of the Revised Code or division	7681
(A)(1) or (2) of section 2921.34 of the Revised Code, if an	7682
offender who is under detention at a detention facility commits a	7683
felony violation of section 2923.131 of the Revised Code, or if an	7684
offender who is an inmate in a jail, prison, or other residential	7685
detention facility or is under detention at a detention facility	7686
commits another felony while the offender is an escapee in	7687
violation of division (A)(1) or (2) of section 2921.34 of the	7688
Revised Code, any prison term imposed upon the offender for one of	7689
those violations shall be served by the offender consecutively to	7690
the prison term or term of imprisonment the offender was serving	7691
when the offender committed that offense and to any other prison	7692
term previously or subsequently imposed upon the offender.	7693

(3) If a prison term is imposed for a violation of division	7694
(B) of section 2911.01 of the Revised Code, a violation of	7695
division (A) of section 2913.02 of the Revised Code in which the	7696
stolen property is a firearm or dangerous ordnance, or a felony	7697
violation of division (B) of section 2921.331 of the Revised Code,	7698
the offender shall serve that prison term consecutively to any	7699
other prison term or mandatory prison term previously or	7700
subsequently imposed upon the offender.	7701

(4) If multiple prison terms are imposed on an offender for	7702
convictions of multiple offenses, the court may require the	7703
offender to serve the prison terms consecutively if the court	7704
finds that the consecutive service is necessary to protect the	7705
public from future crime or to punish the offender and that	7706
consecutive sentences are not disproportionate to the seriousness	7707
of the offender's conduct and to the danger the offender poses to	7708
the public, and if the court also finds any of the following:	7709

(a) The offender committed one or more of the multiple	7710
offenses while the offender was awaiting trial or sentencing, was	7711
under a sanction imposed pursuant to section 2929.16, 2929.17, or	7712
2929.18 of the Revised Code, or was under post-release control for	7713
a prior offense.	7714

(b) At least two of the multiple offenses were committed as	7715
part of one or more courses of conduct, and the harm caused by two	7716
or more of the multiple offenses so committed was so great or	7717
unusual that no single prison term for any of the offenses	7718
committed as part of any of the courses of conduct adequately	7719
reflects the seriousness of the offender's conduct.	7720

(c) The offender's history of criminal conduct demonstrates	7721
that consecutive sentences are necessary to protect the public	7722
from future crime by the offender.	7723

(5) If a mandatory prison term is imposed upon an offender	7724
pursuant to division (D)(5) or (6) of this section, the offender	7725
shall serve the mandatory prison term consecutively to and prior	7726
to any prison term imposed for the underlying violation of	7727
division (A)(1) or (2) of section 2903.06 of the Revised Code	7728
pursuant to division (A) of this section or section 2929.142 of	7729
the Revised Code. If a mandatory prison term is imposed upon an	7730
offender pursuant to division (D)(5) of this section, and if a	7731
mandatory prison term also is imposed upon the offender pursuant	7732
to division (D)(6) of this section in relation to the same	7733
violation, the offender shall serve the mandatory prison term	7734
imposed pursuant to division (D)(5) of this section consecutively	7735
to and prior to the mandatory prison term imposed pursuant to	7736
division (D)(6) of this section and consecutively to and prior to	7737
any prison term imposed for the underlying violation of division	7738
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	7739
division (A) of this section or section 2929.142 of the Revised	7740
Code.	7741

(6) When consecutive prison terms are imposed pursuant to	7742
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	7743
of this section, the term to be served is the aggregate of all of	7744
the terms so imposed.	7745

(F)(1) If a court imposes a prison term for a felony of the	7746
first degree, for a felony of the second degree, for a felony sex	7747
offense, or for a felony of the third degree that is not a felony	7748
sex offense and in the commission of which the offender caused or	7749
threatened to cause physical harm to a person, it shall include in	7750
the sentence a requirement that the offender be subject to a	7751
period of post-release control after the offender's release from	7752
imprisonment, in accordance with that division. If a court imposes	7753
a sentence including a prison term of a type described in this	7754
division on or after July 11, 2006, the failure of a court to	7755
include a post-release control requirement in the sentence	7756
pursuant to this division does not negate, limit, or otherwise	7757
affect the mandatory period of post-release control that is	7758
required for the offender under division (B) of section 2967.28 of	7759
the Revised Code. Section 2929.191 of the Revised Code applies if,	7760
prior to July 11, 2006, a court imposed a sentence including a	7761
prison term of a type described in this division and failed to	7762
include in the sentence pursuant to this division a statement	7763
regarding post-release control.	7764

(2) If a court imposes a prison term for a felony of the	7765
third, fourth, or fifth degree that is not subject to division	7766
(F)(1) of this section, it shall include in the sentence a	7767
requirement that the offender be subject to a period of	7768
post-release control after the offender's release from	7769
imprisonment, in accordance with that division, if the parole	7770
board determines that a period of post-release control is	7771
necessary. Section 2929.191 of the Revised Code applies if, prior	7772
to July 11, 2006, a court imposed a sentence including a prison	7773
term of a type described in this division and failed to include in	7774
the sentence pursuant to this division a statement regarding	7775
post-release control.	7776

(G) The court shall impose sentence upon the offender in	7777
accordance with section 2971.03 of the Revised Code, and Chapter	7778
2971. of the Revised Code applies regarding the prison term or	7779
term of life imprisonment without parole imposed upon the offender	7780
and the service of that term of imprisonment if any of the	7781
following apply:	7782

(1) A person is convicted of or pleads guilty to a violent	7783
sex offense or a designated homicide, assault, or kidnapping	7784
offense, and, in relation to that offense, the offender is	7785
adjudicated a sexually violent predator.	7786

(2) A person is convicted of or pleads guilty to a violation	7787
of division (A)(1)(b) of section 2907.02 of the Revised Code	7788
committed on or after January 2, 2007, and either the court does	7789
not impose a sentence of life without parole when authorized	7790
pursuant to division (B) of section 2907.02 of the Revised Code,	7791
or division (B) of section 2907.02 of the Revised Code provides	7792
that the court shall not sentence the offender pursuant to section	7793
2971.03 of the Revised Code.	7794

(3) A person is convicted of or pleads guilty to attempted	7795
rape committed on or after January 2, 2007, and a specification of	7796
the type described in section 2941.1418, 2941.1419, or 2941.1420	7797
of the Revised Code.	7798

(4) A person is convicted of or pleads guilty to a violation	7799
of section 2905.01 of the Revised Code committed on or after	7800
January 1, 2008, and that section requires the court to sentence	7801
the offender pursuant to section 2971.03 of the Revised Code.	7802

(5) A person is convicted of or pleads guilty to aggravated	7803
murder committed on or after January 1, 2008, and division	7804
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	7805
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	7806
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	7807
2929.06 of the Revised Code requires the court to sentence the	7808
offender pursuant to division (B)(3) of section 2971.03 of the	7809
Revised Code.	7810

(6) A person is convicted of or pleads guilty to murder	7811
committed on or after January 1, 2008, and division (B)(2) of	7812
section 2929.02 of the Revised Code requires the court to sentence	7813
the offender pursuant to section 2971.03 of the Revised Code.	7814

(H) If a person who has been convicted of or pleaded guilty	7815
to a felony is sentenced to a prison term or term of imprisonment	7816
under this section, sections 2929.02 to 2929.06 of the Revised	7817
Code, section 2929.142 of the Revised Code, section 2971.03 of the	7818
Revised Code, or any other provision of law, section 5120.163 of	7819
the Revised Code applies regarding the person while the person is	7820
confined in a state correctional institution.	7821

(I) If an offender who is convicted of or pleads guilty to a	7822
felony that is an offense of violence also is convicted of or	7823
pleads guilty to a specification of the type described in section	7824
2941.142 of the Revised Code that charges the offender with having	7825
committed the felony while participating in a criminal gang, the	7826
court shall impose upon the offender an additional prison term of	7827
one, two, or three years.	7828

(J)(1) If an offender who is convicted of or pleads guilty to	7829
aggravated murder, murder, or a felony of the first, second, or	7830
third degree that is an offense of violence also is convicted of	7831
or pleads guilty to a specification of the type described in	7832
section 2941.143 of the Revised Code that charges the offender	7833
with having committed the offense in a school safety zone or	7834
towards a person in a school safety zone, the court shall impose	7835
upon the offender an additional prison term of two years. The	7836
offender shall serve the additional two years consecutively to and	7837
prior to the prison term imposed for the underlying offense.	7838

(2)(a) If an offender is convicted of or pleads guilty to a	7839
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7840
of the Revised Code and to a specification of the type described	7841
in section 2941.1421 of the Revised Code and if the court imposes	7842
a prison term on the offender for the felony violation, the court	7843
may impose upon the offender an additional prison term as follows:	7844

(i) Subject to division (J)(2)(a)(ii) of this section, an	7845
additional prison term of one, two, three, four, five, or six	7846
months;	7847

(ii) If the offender previously has been convicted of or	7848
pleaded guilty to one or more felony or misdemeanor violations of	7849
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	7850
Revised Code and also was convicted of or pleaded guilty to a	7851
specification of the type described in section 2941.1421 of the	7852
Revised Code regarding one or more of those violations, an	7853
additional prison term of one, two, three, four, five, six, seven,	7854
eight, nine, ten, eleven, or twelve months.	7855

(b) In lieu of imposing an additional prison term under	7856
division (J)(2)(a) of this section, the court may directly impose	7857
on the offender a sanction that requires the offender to wear a	7858
real-time processing, continual tracking electronic monitoring	7859
device during the period of time specified by the court. The	7860
period of time specified by the court shall equal the duration of	7861
an additional prison term that the court could have imposed upon	7862
the offender under division (J)(2)(a) of this section. A sanction	7863
imposed under this division shall commence on the date specified	7864
by the court, provided that the sanction shall not commence until	7865
after the offender has served the prison term imposed for the	7866
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7867
of the Revised Code and any residential sanction imposed for the	7868
violation under section 2929.16 of the Revised Code. A sanction	7869
imposed under this division shall be considered to be a community	7870
control sanction for purposes of section 2929.15 of the Revised	7871
Code, and all provisions of the Revised Code that pertain to	7872
community control sanctions shall apply to a sanction imposed	7873
under this division, except to the extent that they would by their	7874
nature be clearly inapplicable. The offender shall pay all costs	7875
associated with a sanction imposed under this division, including	7876
the cost of the use of the monitoring device.	7877

(K) At the time of sentencing, the court may recommend the	7878
offender for placement in a program of shock incarceration under	7879
section 5120.031 of the Revised Code or for placement in an	7880
intensive program prison under section 5120.032 of the Revised	7881
Code, disapprove placement of the offender in a program of shock	7882
incarceration or an intensive program prison of that nature, or	7883
make no recommendation on placement of the offender. In no case	7884
shall the department of rehabilitation and correction place the	7885
offender in a program or prison of that nature unless the	7886
department determines as specified in section 5120.031 or 5120.032	7887
of the Revised Code, whichever is applicable, that the offender is	7888
eligible for the placement.	7889

If the court disapproves placement of the offender in a	7890
program or prison of that nature, the department of rehabilitation	7891
and correction shall not place the offender in any program of	7892
shock incarceration or intensive program prison.	7893

If the court recommends placement of the offender in a	7894
program of shock incarceration or in an intensive program prison,	7895
and if the offender is subsequently placed in the recommended	7896
program or prison, the department shall notify the court of the	7897
placement and shall include with the notice a brief description of	7898
the placement.	7899

If the court recommends placement of the offender in a	7900
program of shock incarceration or in an intensive program prison	7901
and the department does not subsequently place the offender in the	7902
recommended program or prison, the department shall send a notice	7903
to the court indicating why the offender was not placed in the	7904
recommended program or prison.	7905

If the court does not make a recommendation under this	7906
division with respect to an offender and if the department	7907
determines as specified in section 5120.031 or 5120.032 of the	7908
Revised Code, whichever is applicable, that the offender is	7909
eligible for placement in a program or prison of that nature, the	7910
department shall screen the offender and determine if there is an	7911
available program of shock incarceration or an intensive program	7912
prison for which the offender is suited. If there is an available	7913
program of shock incarceration or an intensive program prison for	7914
which the offender is suited, the department shall notify the	7915
court of the proposed placement of the offender as specified in	7916
section 5120.031 or 5120.032 of the Revised Code and shall include	7917
with the notice a brief description of the placement. The court	7918
shall have ten days from receipt of the notice to disapprove the	7919
placement.	7920

(L) If a person is convicted of or pleads guilty to	7921
aggravated vehicular homicide in violation of division (A)(1) of	7922
section 2903.06 of the Revised Code and division (B)(2)(c) of that	7923
section applies, the person shall be sentenced pursuant to section	7924
2929.142 of the Revised Code.	7925

(M)(1) Except as provided in division (M)(2) of this section,	7926
if an offender is convicted of or pleads guilty to a felony of the	7927
fourth or fifth degree that is not an offense of violence, the	7928
court shall sentence the offender to a community control sanction	7929
if both of the following apply:	7930

(a) The offender previously has not been convicted of or	7931
pleaded guilty to a felony offense.	7932

(b) The violation is the most serious charge before the	7933
offender at the time of sentencing.	7934

(2) The court has discretion to impose a prison term upon an	7935
offender who is convicted of or pleads guilty to a felony of the	7936
fourth or fifth degree that is not an offense of violence if	7937
either of the following apply:	7938

(a) The offender committed the offense while having a firearm	7939
on or about the offender's person or under the offender's control.	7940

(b) The offender caused physical harm to another person while	7941
committing the offense.	7942

(3) A sentencing court may impose an additional penalty under	7943
division (B) of section 2929.15 of the Revised Code upon an	7944
offender sentenced to a community control sanction under division	7945
(M)(1) of this section if the offender violates the conditions of	7946
the community control sanction, violates a law, or leaves the	7947
state without the permission of the court or the offender's	7948
probation officer.	7949

Sec. 2929.143. (A) When a court sentences an offender who is	7950
convicted of a felony to a term of incarceration in a state	7951
correctional institution, the court may recommend that the	7952
offender serve a risk reduction sentence under section 5120.036 of	7953
the Revised Code if the court determines that a risk reduction	7954
sentence is appropriate and all of the following apply:	7955

(1) The prosecutor and the defense attorney agree that a risk	7956
reduction sentence is appropriate.	7957

(2) The offender agrees to cooperate with an assessment of	7958
the offender's needs and risk of reoffending that the department	7959
of rehabilitation and correction conducts under section 5120.036	7960
of the Revised Code.	7961

(3) The offender agrees to participate in any programming or	7962
treatment that the department of rehabilitation and correction	7963
orders to address any issues raised in the assessment described in	7964
division (A)(2) of this section.	7965

(B) An offender who is serving a risk reduction sentence is	7966
not entitled to any earned credit under section 2967.193 of the	7967
Revised Code.	7968

Sec. 2929.15. (A)(1) If in sentencing an offender for a	7969
felony the court is not required to impose a prison term, a	7970
mandatory prison term, or a term of life imprisonment upon the	7971
offender, the court may directly impose a sentence that consists	7972
of one or more community control sanctions authorized pursuant to	7973
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	7974
court is sentencing an offender for a fourth degree felony OVI	7975
offense under division (G)(1) of section 2929.13 of the Revised	7976
Code, in addition to the mandatory term of local incarceration	7977
imposed under that division and the mandatory fine required by	7978
division (B)(3) of section 2929.18 of the Revised Code, the court	7979
may impose upon the offender a community control sanction or	7980
combination of community control sanctions in accordance with	7981
sections 2929.16 and 2929.17 of the Revised Code. If the court is	7982
sentencing an offender for a third or fourth degree felony OVI	7983
offense under division (G)(2) of section 2929.13 of the Revised	7984
Code, in addition to the mandatory prison term or mandatory prison	7985
term and additional prison term imposed under that division, the	7986
court also may impose upon the offender a community control	7987
sanction or combination of community control sanctions under	7988
section 2929.16 or 2929.17 of the Revised Code, but the offender	7989
shall serve all of the prison terms so imposed prior to serving	7990
the community control sanction.	7991

The duration of all community control sanctions imposed upon	7992
an offender under this division shall not exceed five years. If	7993
the offender absconds or otherwise leaves the jurisdiction of the	7994
court in which the offender resides without obtaining permission	7995
from the court or the offender's probation officer to leave the	7996
jurisdiction of the court, or if the offender is confined in any	7997
institution for the commission of any offense while under a	7998
community control sanction, the period of the community control	7999
sanction ceases to run until the offender is brought before the	8000
court for its further action. If the court sentences the offender	8001
to one or more nonresidential sanctions under section 2929.17 of	8002
the Revised Code, the court shall impose as a condition of the	8003
nonresidential sanctions that, during the period of the sanctions,	8004
the offender must abide by the law and must not leave the state	8005
without the permission of the court or the offender's probation	8006
officer. The court may impose any other conditions of release	8007
under a community control sanction that the court considers	8008
appropriate, including, but not limited to, requiring that the	8009
offender not ingest or be injected with a drug of abuse and submit	8010
to random drug testing as provided in division (D) of this section	8011
to determine whether the offender ingested or was injected with a	8012
drug of abuse and requiring that the results of the drug test	8013
indicate that the offender did not ingest or was not injected with	8014
a drug of abuse.	8015

(2)(a) If a court sentences an offender to any community	8016
control sanction or combination of community control sanctions	8017
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	8018
Revised Code, the court shall place the offender under the general	8019
control and supervision of a department of probation in the county	8020
that serves the court for purposes of reporting to the court a	8021
violation of any condition of the sanctions, any condition of	8022
release under a community control sanction imposed by the court, a	8023
violation of law, or the departure of the offender from this state	8024
without the permission of the court or the offender's probation	8025
officer. Alternatively, if the offender resides in another county	8026
and a county department of probation has been established in that	8027
county or that county is served by a multicounty probation	8028
department established under section 2301.27 of the Revised Code,	8029
the court may request the court of common pleas of that county to	8030
receive the offender into the general control and supervision of	8031
that county or multicounty department of probation for purposes of	8032
reporting to the court a violation of any condition of the	8033
sanctions, any condition of release under a community control	8034
sanction imposed by the court, a violation of law, or the	8035
departure of the offender from this state without the permission	8036
of the court or the offender's probation officer, subject to the	8037
jurisdiction of the trial judge over and with respect to the	8038
person of the offender, and to the rules governing that department	8039
of probation.	8040

If there is no department of probation in the county that	8041
serves the court, the court shall place the offender, regardless	8042
of the offender's county of residence, under the general control	8043
and supervision of the adult parole authority for purposes of	8044
reporting to the court a violation of any of the sanctions, any	8045
condition of release under a community control sanction imposed by	8046
the court, a violation of law, or the departure of the offender	8047
from this state without the permission of the court or the	8048
offender's probation officer.	8049

(b) If the court imposing sentence upon an offender sentences	8050
the offender to any community control sanction or combination of	8051
community control sanctions authorized pursuant to section	8052
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	8053
offender violates any condition of the sanctions, any condition of	8054
release under a community control sanction imposed by the court,	8055
violates any law, or departs the state without the permission of	8056
the court or the offender's probation officer, the public or	8057
private person or entity that operates or administers the sanction	8058
or the program or activity that comprises the sanction shall	8059
report the violation or departure directly to the sentencing	8060
court, or shall report the violation or departure to the county or	8061
multicounty department of probation with general control and	8062
supervision over the offender under division (A)(2)(a) of this	8063
section or the officer of that department who supervises the	8064
offender, or, if there is no such department with general control	8065
and supervision over the offender under that division, to the	8066
adult parole authority. If the public or private person or entity	8067
that operates or administers the sanction or the program or	8068
activity that comprises the sanction reports the violation or	8069
departure to the county or multicounty department of probation or	8070
the adult parole authority, the department's or authority's	8071
officers may treat the offender as if the offender were on	8072
probation and in violation of the probation, and shall report the	8073
violation of the condition of the sanction, any condition of	8074
release under a community control sanction imposed by the court,	8075
the violation of law, or the departure from the state without the	8076
required permission to the sentencing court.	8077

(3) If an offender who is eligible for community control	8078
sanctions under this section admits to being drug addicted or the	8079
court has reason to believe that the offender is drug addicted,	8080
and if the offense for which the offender is being sentenced was	8081
related to the addiction, the court may require that the offender	8082
be assessed by a properly credentialed professional within a	8083
specified period of time and shall require the professional to	8084
file a written assessment of the offender with the court. If a	8085
court imposes treatment and recovery support services as a	8086
community control sanction, the court shall direct the level and	8087
type of treatment and recovery support services after	8088
consideration of the written assessment, if available at the time	8089
of sentencing, and recommendations of the professional and other	8090
treatment and recovery support services providers.	8091

(4) If an assessment completed pursuant to division (A)(3) of	8092
this section indicates that the offender is addicted to drugs or	8093
alcohol, the court may include in any community control sanction	8094
imposed for a violation of section 2925.02, 2925.03, 2925.04,	8095
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	8096
2925.37 of the Revised Code a requirement that the offender	8097
participate in a treatment and recovery support services program	8098
certified under section 3793.06 of the Revised Code or offered by	8099
another properly credentialed program provider.	8100

(B)(1) If the conditions of a community control sanction are	8101
violated or if the offender violates a law or leaves the state	8102
without the permission of the court or the offender's probation	8103
officer, the sentencing court may impose upon the violator one or	8104
more of the following penalties:	8105

(a) A longer time under the same sanction if the total time	8106
under the sanctions does not exceed the five-year limit specified	8107
in division (A) of this section;	8108

(b) A more restrictive sanction under section 2929.16,	8109
2929.17, or 2929.18 of the Revised Code;	8110

(c) A prison term on the offender pursuant to section 2929.14	8111
of the Revised Code.	8112

(2) The prison term, if any, imposed upon a violator pursuant	8113
to this division shall be within the range of prison terms	8114
available for the offense for which the sanction that was violated	8115
was imposed and shall not exceed the prison term specified in the	8116
notice provided to the offender at the sentencing hearing pursuant	8117
to division (B)(3) of section 2929.19 of the Revised Code. The	8118
court may reduce the longer period of time that the offender is	8119
required to spend under the longer sanction, the more restrictive	8120
sanction, or a prison term imposed pursuant to this division by	8121
the time the offender successfully spent under the sanction that	8122
was initially imposed.	8123

(C) If an offender, for a significant period of time,	8124
fulfills the conditions of a sanction imposed pursuant to section	8125
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	8126
manner, the court may reduce the period of time under the sanction	8127
or impose a less restrictive sanction, but the court shall not	8128
permit the offender to violate any law or permit the offender to	8129
leave the state without the permission of the court or the	8130
offender's probation officer.	8131

(D)(1) If a court under division (A)(1) of this section	8132
imposes a condition of release under a community control sanction	8133
that requires the offender to submit to random drug testing, the	8134
department of probation or the adult parole authority that has	8135
general control and supervision of the offender under division	8136
(A)(2)(a) of this section may cause the offender to submit to	8137
random drug testing performed by a laboratory or entity that has	8138
entered into a contract with any of the governmental entities or	8139
officers authorized to enter into a contract with that laboratory	8140
or entity under section 341.26, 753.33, or 5120.63 of the Revised	8141
Code.	8142

(2) If no laboratory or entity described in division (D)(1)	8143
of this section has entered into a contract as specified in that	8144
division, the department of probation or the adult parole	8145
authority that has general control and supervision of the offender	8146
under division (A)(2)(a) of this section shall cause the offender	8147
to submit to random drug testing performed by a reputable public	8148
laboratory to determine whether the individual who is the subject	8149
of the drug test ingested or was injected with a drug of abuse.	8150

(3) A laboratory or entity that has entered into a contract	8151
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	8152
shall perform the random drug tests under division (D)(1) of this	8153
section in accordance with the applicable standards that are	8154
included in the terms of that contract. A public laboratory shall	8155
perform the random drug tests under division (D)(2) of this	8156
section in accordance with the standards set forth in the policies	8157
and procedures established by the department of rehabilitation and	8158
correction pursuant to section 5120.63 of the Revised Code. An	8159
offender who is required under division (A)(1) of this section to	8160
submit to random drug testing as a condition of release under a	8161
community control sanction and whose test results indicate that	8162
the offender ingested or was injected with a drug of abuse shall	8163
pay the fee for the drug test if the department of probation or	8164
the adult parole authority that has general control and	8165
supervision of the offender requires payment of a fee. A	8166
laboratory or entity that performs the random drug testing on an	8167
offender under division (D)(1) or (2) of this section shall	8168
transmit the results of the drug test to the appropriate	8169
department of probation or the adult parole authority that has	8170
general control and supervision of the offender under division	8171
(A)(2)(a) of this section.	8172

(E) The court may sentence a felony offender to a	8173
community-based corrections program that is established pursuant	8174
to section 5149.31 of the Revised Code if the offender meets any	8175
of the following criteria:	8176

(1) The offender is convicted of a felony of the first,	8177
second, or third degree.	8178

(2) The offender is convicted of a felony of the fourth or	8179
fifth degree and is found to be a high risk, as assessed by the	8180
single validated risk assessment tool described in section	8181
5120.114 of the Revised Code.	8182

(3) The offender's community control sanction or combination	8183
of community control sanctions imposed under section 2929.16 or	8184
2929.17 of the Revised Code has been revoked, and the offender is	8185
found to be a medium or high risk, as assessed by the single	8186
validated risk assessment tool described in section 5120.114 of	8187
the Revised Code.	8188

Sec. 2929.16. (A) Except as provided in this division, the	8189
court imposing a sentence for a felony upon an offender who is not	8190
required to serve a mandatory prison term may impose any community	8191
residential sanction or combination of community residential	8192
sanctions under this section. The court imposing a sentence for a	8193
fourth degree felony OVI offense under division (G)(1) or (2) of	8194
section 2929.13 of the Revised Code or for a third degree felony	8195
OVI offense under division (G)(2) of that section may impose upon	8196
the offender, in addition to the mandatory term of local	8197
incarceration or mandatory prison term imposed under the	8198
applicable division, a community residential sanction or	8199
combination of community residential sanctions under this section,	8200
and the offender shall serve or satisfy the sanction or	8201
combination of sanctions after the offender has served the	8202
mandatory term of local incarceration or mandatory prison term	8203
required for the offense. Community residential sanctions include,	8204
but are not limited to, the following:	8205

(1) A term of up to six months at a community-based	8206
correctional facility that serves the county;if the offender	8207
satisfies any of the following criteria:	8208

(a) The offender is convicted of a felony of the first or	8209
second degree.	8210

(b) The offender is convicted of a felony of the third degree	8211
and is found to be a medium or high risk, as assessed by the	8212
single validated risk assessment tool described in section	8213
5120.114 of the Revised Code.	8214

(c) The offender is convicted of a felony of the fourth or	8215
fifth degree and is found to be a high risk, as assessed by the	8216
single validated risk assessment tool described in section	8217
5120.114 of the Revised Code.	8218

(d) The offender's community control sanction or combination	8219
of community control sanctions imposed under section 2929.16 or	8220
2929.17 of the Revised Code have been revoked, and the offender is	8221
found to be a medium or high risk, as assessed by the single	8222
validated risk assessment tool described in section 5120.114 of	8223
the Revised Code.	8224

(2) Except as otherwise provided in division (A)(3) of this	8225
section and subject to division (D) of this section, a term of up	8226
to six months in a jail;	8227

(3) If the offender is convicted of a fourth degree felony	8228
OVI offense and is sentenced under division (G)(1) of section	8229
2929.13 of the Revised Code, subject to division (D) of this	8230
section, a term of up to one year in a jail less the mandatory	8231
term of local incarceration of sixty or one hundred twenty	8232
consecutive days of imprisonment imposed pursuant to that	8233
division;	8234

(4) A term in a halfway house;

8235

(5) A term in an alternative residential facility.

8236

(B) The court that assigns any offender convicted of a felony	8237
to a residential sanction under this section may authorize the	8238
offender to be released so that the offender may seek or maintain	8239
employment, receive education or training, or receive treatment. A	8240
release pursuant to this division shall be only for the duration	8241
of time that is needed to fulfill the purpose of the release and	8242
for travel that reasonably is necessary to fulfill the purposes of	8243
the release.	8244

(C) If the court assigns an offender to a county jail that is	8245
not a minimum security misdemeanant jail in a county that has	8246
established a county jail industry program pursuant to section	8247
5147.30 of the Revised Code, the court shall specify, as part of	8248
the sentence, whether the sheriff of that county may consider the	8249
offender for participation in the county jail industry program.	8250
During the offender's term in the county jail, the court shall	8251
retain jurisdiction to modify its specification upon a	8252
reassessment of the offender's qualifications for participation in	8253
the program.	8254

(D) If a court sentences an offender to a term in jail under	8255
division (A)(2) or (3) of this section and if the sentence is	8256
imposed for a felony of the fourth or fifth degree that is not an	8257
offense of violence, the court may specify that it prefers that	8258
the offender serve the term in a minimum security jail established	8259
under section 341.34 or 753.21 of the Revised Code. If the court	8260
includes a specification of that type in the sentence and if the	8261
administrator of the appropriate minimum security jail or the	8262
designee of that administrator classifies the offender in	8263
accordance with section 341.34 or 753.21 of the Revised Code as a	8264
minimal security risk, the offender shall serve the term in the	8265
minimum security jail established under section 341.34 or 753.21	8266
of the Revised Code. Absent a specification of that type and a	8267
finding of that type, the offender shall serve the term in a jail	8268
other than a minimum security jail established under section	8269
341.34 or 753.21 of the Revised Code.	8270

(E) If a person who has been convicted of or pleaded guilty	8271
to a felony is sentenced to a community residential sanction as	8272
described in division (A) of this section, at the time of	8273
reception and at other times the person in charge of the operation	8274
of the community-based correctional facility, jail, halfway house,	8275
alternative residential facility, or other place at which the	8276
offender will serve the residential sanction determines to be	8277
appropriate, the person in charge of the operation of the	8278
community-based correctional facility, jail, halfway house,	8279
alternative residential facility, or other place may cause the	8280
convicted offender to be examined and tested for tuberculosis, HIV	8281
infection, hepatitis, including but not limited to hepatitis A, B,	8282
and C, and other contagious diseases. The person in charge of the	8283
operation of the community-based correctional facility, jail,	8284
halfway house, alternative residential facility, or other place at	8285
which the offender will serve the residential sanction may cause a	8286
convicted offender in the community-based correctional facility,	8287
jail, halfway house, alternative residential facility, or other	8288
place who refuses to be tested or treated for tuberculosis, HIV	8289
infection, hepatitis, including but not limited to hepatitis A, B,	8290
and C, or another contagious disease to be tested and treated	8291
involuntarily.	8292

Sec. 2929.20. (A) As used in this section:

8293

(1)(a) Except as provided in division (A)(1)(b) of this	8294
section, "eligible offender" means any person who, on or after	8295
April 7, 2009, is serving a stated prison term ofthat includes	8296
one or more nonmandatory prison terms that in the aggregate are	8297
ten years or less ~~when either of the following applies:~~	8298

~~(i) The stated prison term does not include a mandatory~~	8299
~~prison term.~~	8300

~~(ii) The stated prison term includes a mandatory prison term,~~	8301
~~and the person has served the mandatory prison term~~.	8302

(b) "Eligible offender" does not include any person who, on	8303
or after April 7, 2009, is serving a stated prison term for any of	8304
the following criminal offenses that was a felony and was	8305
committed while the person held a public office in this state:	8306

(i) A violation of section 2921.02, 2921.03, 2921.05,	8307
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	8308
Code;	8309

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	8310
2921.12 of the Revised Code, when the conduct constituting the	8311
violation was related to the duties of the offender's public	8312
office or to the offender's actions as a public official holding	8313
that public office;	8314

(iii) A violation of an existing or former municipal	8315
ordinance or law of this or any other state or the United States	8316
that is substantially equivalent to any violation listed in	8317
division (A)(1)(b)(i) of this section;	8318

(iv) A violation of an existing or former municipal ordinance	8319
or law of this or any other state or the United States that is	8320
substantially equivalent to any violation listed in division	8321
(A)(1)(b)(ii) of this section, when the conduct constituting the	8322
violation was related to the duties of the offender's public	8323
office or to the offender's actions as a public official holding	8324
that public office;	8325

(v) A conspiracy to commit, attempt to commit, or complicity	8326
in committing any offense listed in division (A)(1)(b)(i) or	8327
described in division (A)(1)(b)(iii) of this section;	8328

(vi) A conspiracy to commit, attempt to commit, or complicity	8329
in committing any offense listed in division (A)(1)(b)(ii) or	8330
described in division (A)(1)(b)(iv) of this section, if the	8331
conduct constituting the offense that was the subject of the	8332
conspiracy, that would have constituted the offense attempted, or	8333
constituting the offense in which the offender was complicit was	8334
or would have been related to the duties of the offender's public	8335
office or to the offender's actions as a public official holding	8336
that public office.	8337

(2) "Nonmandatory prison term" means a prison term that is	8338
not a mandatory prison term.	8339

(3) "Public office" means any elected federal, state, or	8340
local government office in this state.	8341

(B) On the motion of an eligible offender or upon its own	8342
motion, the sentencing court may reduce the eligible offender's	8343
~~stated~~aggregated nonmandatory prison term or terms of ten years	8344
or less through a judicial release under this section.	8345

(C) An eligible offender may file a motion for judicial	8346
release with the sentencing court within the following applicable	8347
periods:	8348

(1) If the ~~stated~~aggregated nonmandatory prison term or	8349
terms is less than two years, the eligible offender may file the	8350
motion ~~not earlier than thirty days~~ after the offender is	8351
~~delivered to a state correctional institution or, if the prison~~	8352
~~term includes a mandatory prison term or terms, not earlier than~~	8353
has served thirty days ~~after the expiration of all mandatory~~	8354
~~prison terms~~of the aggregated nonmandatory prison term or terms.	8355

(2) If the ~~stated~~aggregated nonmandatory prison term or	8356
terms is at least two years but less than five years, the eligible	8357
offender may file the motion ~~not earlier than one hundred eighty~~	8358
~~days~~ after the offender ~~is delivered to a state correctional~~	8359
~~institution or, if the prison term includes a mandatory prison~~	8360
~~term or terms, not earlier than~~has served one hundred eighty	8361
days ~~after the expiration of all mandatory prison terms~~of the	8362
aggregated nonmandatory prison term or terms.	8363

(3) If the aggregated nonmandatory prison term or terms is	8364
five years, the eligible offender may file the motion after the	8365
eligible offender has served four years of the aggregated	8366
nonmandatory prison term or terms.	8367

(4) If the ~~stated~~aggregated nonmandatory prison term or	8368
terms is more than five years ~~or more~~ but not more than ten years,	8369
the eligible offender may file the motion ~~not earlier than five~~	8370
~~years~~ after the eligible offender ~~is delivered to a state~~	8371
~~correctional institution or, if the prison term includes a~~	8372
~~mandatory prison term or terms, not earlier than~~has served five	8373
years ~~after the expiration of all mandatory prison~~of the	8374
aggregated nonmandatory prison term or terms.	8375

(D) Upon receipt of a timely motion for judicial release	8376
filed by an eligible offender under division (C) of this section	8377
or upon the sentencing court's own motion made within the	8378
appropriate time specified in that division, the court may deny	8379
the motion without a hearing or schedule a hearing on the motion.	8380
The court shall not grant the motion without a hearing. If a court	8381
denies a motion without a hearing, the court later may consider	8382
judicial release for that eligible offender on a subsequent motion	8383
filed by that eligible offender unless the court denies the motion	8384
with prejudice. If a court denies a motion with prejudice, the	8385
court may later consider judicial release on its own motion. If a	8386
court denies a motion after a hearing, the court shall not	8387
consider a subsequent motion for that eligible offender. The court	8388
shall hold only one hearing for any eligible offender.	8389

A hearing under this section shall be conducted in open court	8390
within sixty days after the motion is filed, provided that the	8391
court may delay the hearing for one hundred eighty additional	8392
days. If the court holds a hearing, the court shall enter a ruling	8393
on the motion within ten days after the hearing. If the court	8394
denies the motion without a hearing, the court shall enter its	8395
ruling on the motion within sixty days after the motion is filed.	8396

(E) If a court schedules a hearing under division (D) of this	8397
section, the court shall notify the eligible offender and the head	8398
of the state correctional institution in which the eligible	8399
offender is confined prior to the hearing. The head of the state	8400
correctional institution immediately shall notify the appropriate	8401
person at the department of rehabilitation and correction of the	8402
hearing, and the department within twenty-four hours after receipt	8403
of the notice, shall post on the database it maintains pursuant to	8404
section 5120.66 of the Revised Code the offender's name and all of	8405
the information specified in division (A)(1)(c)(i) of that	8406
section. If the court schedules a hearing for judicial release,	8407
the court promptly shall give notice of the hearing to the	8408
prosecuting attorney of the county in which the eligible offender	8409
was indicted. Upon receipt of the notice from the court, the	8410
prosecuting attorney shall notify the victim of the offense or the	8411
victim's representative pursuant to section 2930.16 of the Revised	8412
Code.	8413

(F) Upon an offender's successful completion of	8414
rehabilitative activities, the head of the state correctional	8415
institution may notify the sentencing court of the successful	8416
completion of the activities.	8417

(G) Prior to the date of the hearing on a motion for judicial	8418
release under this section, the head of the state correctional	8419
institution in which the eligible offender is confined shall send	8420
to the court a report on the eligible offender's conduct in the	8421
institution and in any institution from which the eligible	8422
offender may have been transferred. The report shall cover the	8423
eligible offender's participation in school, vocational training,	8424
work, treatment, and other rehabilitative activities and any	8425
disciplinary action taken against the eligible offender. The	8426
report shall be made part of the record of the hearing.	8427

(H) If the court grants a hearing on a motion for judicial	8428
release under this section, the eligible offender shall attend the	8429
hearing if ordered to do so by the court. Upon receipt of a copy	8430
of the journal entry containing the order, the head of the state	8431
correctional institution in which the eligible offender is	8432
incarcerated shall deliver the eligible offender to the sheriff of	8433
the county in which the hearing is to be held. The sheriff shall	8434
convey the eligible offender to and from the hearing.	8435

(I) At the hearing on a motion for judicial release under	8436
this section, the court shall afford the eligible offender and the	8437
eligible offender's attorney an opportunity to present written	8438
and, if present, oral information relevant to the motion. The	8439
court shall afford a similar opportunity to the prosecuting	8440
attorney, the victim or the victim's representative, as defined in	8441
section 2930.01 of the Revised Code, and any other person the	8442
court determines is likely to present additional relevant	8443
information. The court shall consider any statement of a victim	8444
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	8445
any victim impact statement prepared pursuant to section 2947.051	8446
of the Revised Code, and any report made under division (G) of	8447
this section. The court may consider any written statement of any	8448
person submitted to the court pursuant to division (L) of this	8449
section. After ruling on the motion, the court shall notify the	8450
victim of the ruling in accordance with sections 2930.03 and	8451
2930.16 of the Revised Code.	8452

(J)(1) A court shall not grant a judicial release under this	8453
section to an eligible offender who is imprisoned for a felony of	8454
the first or second degree, or to an eligible offender who	8455
committed an offense under Chapter 2925. or 3719. of the Revised	8456
Code and for whom there was a presumption under section 2929.13 of	8457
the Revised Code in favor of a prison term, unless the court, with	8458
reference to factors under section 2929.12 of the Revised Code,	8459
finds both of the following:	8460

(a) That a sanction other than a prison term would adequately	8461
punish the offender and protect the public from future criminal	8462
violations by the eligible offender because the applicable factors	8463
indicating a lesser likelihood of recidivism outweigh the	8464
applicable factors indicating a greater likelihood of recidivism;	8465

(b) That a sanction other than a prison term would not demean	8466
the seriousness of the offense because factors indicating that the	8467
eligible offender's conduct in committing the offense was less	8468
serious than conduct normally constituting the offense outweigh	8469
factors indicating that the eligible offender's conduct was more	8470
serious than conduct normally constituting the offense.	8471

(2) A court that grants a judicial release to an eligible	8472
offender under division (J)(1) of this section shall specify on	8473
the record both findings required in that division and also shall	8474
list all the factors described in that division that were	8475
presented at the hearing.	8476

(K) If the court grants a motion for judicial release under	8477
this section, the court shall order the release of the eligible	8478
offender, shall place the eligible offender under an appropriate	8479
community control sanction, under appropriate conditions, and	8480
under the supervision of the department of probation serving the	8481
court and shall reserve the right to reimpose the sentence that it	8482
reduced if the offender violates the sanction. If the court	8483
reimposes the reduced sentence, it may do so either concurrently	8484
with, or consecutive to, any new sentence imposed upon the	8485
eligible offender as a result of the violation that is a new	8486
offense. The period of community control shall be no longer than	8487
five years. The court, in its discretion, may reduce the period of	8488
community control by the amount of time the eligible offender	8489
spent in jail or prison for the offense and in prison. If the	8490
court made any findings pursuant to division (J)(1) of this	8491
section, the court shall serve a copy of the findings upon counsel	8492
for the parties within fifteen days after the date on which the	8493
court grants the motion for judicial release.	8494

If the court grants a motion for judicial release, the court	8495
shall notify the appropriate person at the department of	8496
rehabilitation and correction, and the department shall post	8497
notice of the release on the database it maintains pursuant to	8498
section 5120.66 of the Revised Code.	8499

(L) In addition to and independent of the right of a victim	8500
to make a statement pursuant to section 2930.14, 2930.17, or	8501
2946.051 of the Revised Code and any right of a person to present	8502
written information or make a statement pursuant to division (I)	8503
of this section, any person may submit to the court, at any time	8504
prior to the hearing on the offender's motion for judicial	8505
release, a written statement concerning the effects of the	8506
offender's crime or crimes, the circumstances surrounding the	8507
crime or crimes, the manner in which the crime or crimes were	8508
perpetrated, and the person's opinion as to whether the offender	8509
should be released.	8510

(M) The changes to this section that are made on the	8511
effective date of this division apply to any judicial release	8512
decision made on or after the effective date of this division for	8513
any eligible offender.	8514

Sec. 2929.26. (A) Except when a mandatory jail term is	8515
required by law, the court imposing a sentence for a misdemeanor,	8516
other than a minor misdemeanor, may impose upon the offender any	8517
community residential sanction or combination of community	8518
residential sanctions under this section. Community residential	8519
sanctions include, but are not limited to, the following:	8520

(1) A term of up to one hundred eighty days in a halfway	8521
house or a term in a halfway house not to exceed the longest jail	8522
term available for the offense, whichever is shorter, if the	8523
political subdivision that would have responsibility for paying	8524
the costs of confining the offender in a jail has entered into a	8525
contract with the halfway house for use of the facility for	8526
misdemeanor offenders;	8527

(2) A term of up to one hundred eighty days in an alternative	8528
residential facility or a term in an alternative residential	8529
facility not to exceed the longest jail term available for the	8530
offense, whichever is shorter. The court may specify the level of	8531
security in the alternative residential facility that is needed	8532
for the offender.	8533

(3) If the offender is an eligible offender, as defined in	8534
section 307.932 of the Revised Code, a term of up to thirty days	8535
in a community alternative sentencing center or district community	8536
alternative sentencing center established and operated in	8537
accordance with that section, in the circumstances specified in	8538
that section, with one of the conditions of the sanction being	8539
that the offender complete in the center the entire term imposed.	8540

(B) ~~The~~A sentence to a community residential sanction under	8541
division (A)(3) of this section shall be in accordance with	8542
section 307.932 of the Revised Code. In all other cases, the court	8543
that sentences an offender to a community residential sanction	8544
under this section may do either or both of the following:	8545

(1) Permit the offender to serve the offender's sentence in	8546
intermittent confinement, overnight, on weekends or at any other	8547
time or times that will allow the offender to continue at the	8548
offender's occupation or care for the offender's family;	8549

(2) Authorize the offender to be released so that the	8550
offender may seek or maintain employment, receive education or	8551
training, receive treatment, perform community service, or	8552
otherwise fulfill an obligation imposed by law or by the court. A	8553
release pursuant to this division shall be only for the duration	8554
of time that is needed to fulfill the purpose of the release and	8555
for travel that reasonably is necessary to fulfill the purposes of	8556
the release.	8557

(C) The court may order that a reasonable portion of the	8558
income earned by the offender upon a release pursuant to division	8559
(B) of this section be applied to any financial sanction imposed	8560
under section 2929.28 of the Revised Code.	8561

(D) No court shall sentence any person to a prison term for a	8562
misdemeanor or minor misdemeanor or to a jail term for a minor	8563
misdemeanor.	8564

(E) If a court sentences a person who has been convicted of	8565
or pleaded guilty to a misdemeanor to a community residential	8566
sanction as described in division (A) of this section, at the time	8567
of reception and at other times the person in charge of the	8568
operation of the halfway house, alternative residential facility,	8569
community alternative sentencing center, district community	8570
alternative sentencing center, or other place at which the	8571
offender will serve the residential sanction determines to be	8572
appropriate, the person in charge of the operation of the halfway	8573
house, alternative residential facility, community alternative	8574
sentencing center, district community alternative sentencing	8575
center, or other place may cause the convicted offender to be	8576
examined and tested for tuberculosis, HIV infection, hepatitis,	8577
including, but not limited to, hepatitis A, B, and C, and other	8578
contagious diseases. The person in charge of the operation of the	8579
halfway house, alternative residential facility, community	8580
alternative sentencing center, district community alternative	8581
sentencing center, or other place at which the offender will serve	8582
the residential sanction may cause a convicted offender in the	8583
halfway house, alternative residential facility, community	8584
alternative sentencing center, district community alternative	8585
sentencing center, or other place who refuses to be tested or	8586
treated for tuberculosis, HIV infection, hepatitis, including, but	8587
not limited to, hepatitis A, B, and C, or another contagious	8588
disease to be tested and treated involuntarily.	8589

(F) A political subdivision may enter into a contract with a	8590
halfway house for use of the halfway house to house misdemeanor	8591
offenders under a sanction imposed under division (A)(1) of this	8592
section.	8593

Sec. 2929.34. (A) A person who is convicted of or pleads	8594
guilty to aggravated murder, murder, or an offense punishable by	8595
life imprisonment and who is sentenced to a term of life	8596
imprisonment or a prison term pursuant to that conviction shall	8597
serve that term in an institution under the control of the	8598
department of rehabilitation and correction.	8599

(B)(1) A person who is convicted of or pleads guilty to a	8600
felony other than aggravated murder, murder, or an offense	8601
punishable by life imprisonment and who is sentenced to a term of	8602
imprisonment or a prison term pursuant to that conviction shall	8603
serve that term as follows:	8604

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	8605
section, in an institution under the control of the department of	8606
rehabilitation and correction if the term is a prison term or as	8607
otherwise determined by the sentencing court pursuant to section	8608
2929.16 of the Revised Code if the term is not a prison term;	8609

(b) In a facility of a type described in division (G)(1) of	8610
section 2929.13 of the Revised Code, if the offender is sentenced	8611
pursuant to that division.	8612

(2) If the term is a prison term, the person may be	8613
imprisoned in a jail that is not a minimum security jail pursuant	8614
to agreement under section 5120.161 of the Revised Code between	8615
the department of rehabilitation and correction and the local	8616
authority that operates the jail.	8617

(C) A person who is convicted of or pleads guilty to one or	8618
more misdemeanors and who is sentenced to a jail term or term of	8619
imprisonment pursuant to the conviction or convictions shall serve	8620
that term in a county, multicounty, municipal, municipal-county,	8621
or multicounty-municipal jail or workhouse; in a community	8622
alternative sentencing center or district community alternative	8623
sentencing center when authorized by section 307.932 of the	8624
Revised Code; or, if the misdemeanor or misdemeanors are not	8625
offenses of violence, in a minimum security jail.	8626

(D) Nothing in this section prohibits the commitment,	8627
referral, or sentencing of a person who is convicted of or pleads	8628
guilty to a felony to a community-based correctional facility.	8629

Sec. 2930.12. At the request of the victim in a criminal	8630
prosecution, the prosecutor shall give the victim notice of the	8631
defendant's acquittal or conviction. At the request of the victim	8632
in a delinquency proceeding, the prosecutor shall give the victim	8633
notice of the dismissal of the complaint against the alleged	8634
juvenile offender or of the adjudication of the alleged juvenile	8635
offender as a delinquent child, except that, if the juvenile court	8636
dismisses the complaint against the alleged juvenile offender or	8637
adjudicates the alleged juvenile offender a delinquent child prior	8638
to the prosecutor's involvement in the case, at the request of the	8639
victim, the court or a court employee shall give the victim notice	8640
of the dismissal or of the adjudication. If the defendant or	8641
alleged juvenile offender is convicted or is adjudicated a	8642
delinquent child, the notice shall include all of the following:	8643

(A) The crimes or specified delinquent acts of which the	8644
defendant was convicted or for which the alleged juvenile offender	8645
was adjudicated a delinquent child;	8646

(B) The address and telephone number of the probation office	8647
or other person, if any, that is to prepare a presentence	8648
investigation report pursuant to section 2951.03 of the Revised	8649
Code or Criminal Rule 32.2, the address and telephone number of	8650
the person, if any, who is to prepare a disposition investigation	8651
report pursuant to division (C)(1) of section 2152.18 of the	8652
Revised Code, and the address and telephone number of the person,	8653
if any, who is to prepare a victim impact statement pursuant to	8654
division (D)(1) of section 2152.19 or section 2947.051 of the	8655
Revised Code;	8656

(C) Notice that the victim may make a statement about the	8657
impact of the crime or specified delinquent act to the probation	8658
officer or other person, if any, who prepares the presentence	8659
investigation report or to the person, if any, who prepares a	8660
victim impact statement, that a statement of the victim included	8661
in the report will be made available to the defendant or alleged	8662
juvenile offender unless the court exempts it from disclosure, and	8663
that the court may make the victim impact statement available to	8664
the defendant or alleged juvenile offender;	8665

(D) Notice of the victim's right under section 2930.14 of the	8666
Revised Code to make a statement about the impact of the crime or	8667
specified delinquent act before sentencing or disposition;	8668

(E) The date, time, and place of the sentencing hearing or	8669
dispositional hearing;	8670

(F) One of the following:

8671

(1) Any sentence imposed upon the defendant and any	8672
subsequent modification of that sentence, including modification	8673
under section 2929.20 or 5120.036 of the Revised Code or as a	8674
result of the defendant's appeal of the sentence pursuant to	8675
section 2953.08 of the Revised Code;	8676

(2) Any disposition ordered for the defendant and any	8677
subsequent modification of that disposition, including judicial	8678
release or early release in accordance with section 2151.38 of the	8679
Revised Code.	8680

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	8681
in a case who has requested to receive notice under this section	8682
shall be given notice of the incarceration of the defendant. If an	8683
alleged juvenile offender is committed to the temporary custody of	8684
a school, camp, institution, or other facility operated for the	8685
care of delinquent children or to the legal custody of the	8686
department of youth services, a victim in a case who has requested	8687
to receive notice under this section shall be given notice of the	8688
commitment. Promptly after sentence is imposed upon the defendant	8689
or the commitment of the alleged juvenile offender is ordered, the	8690
prosecutor in the case shall notify the victim of the date on	8691
which the defendant will be released from confinement or the	8692
prosecutor's reasonable estimate of that date or the date on which	8693
the alleged juvenile offender will have served the minimum period	8694
of commitment or the prosecutor's reasonable estimate of that	8695
date. The prosecutor also shall notify the victim of the name of	8696
the custodial agency of the defendant or alleged juvenile offender	8697
and tell the victim how to contact that custodial agency. If the	8698
custodial agency is the department of rehabilitation and	8699
correction, the prosecutor shall notify the victim of the services	8700
offered by the office of victims' services pursuant to section	8701
5120.60 of the Revised Code. If the custodial agency is the	8702
department of youth services, the prosecutor shall notify the	8703
victim of the services provided by the office of victims' services	8704
within the release authority of the department pursuant to section	8705
5139.55 of the Revised Code and the victim's right pursuant to	8706
section 5139.56 of the Revised Code to submit a written request to	8707
the release authority to be notified of actions the release	8708
authority takes with respect to the alleged juvenile offender. The	8709
victim shall keep the custodial agency informed of the victim's	8710
current address and telephone number.	8711

(B)(1) Upon the victim's request, the prosecutor promptly	8712
shall notify the victim of any hearing for judicial release of the	8713
defendant pursuant to section 2929.20 of the Revised Code, of any	8714
hearing for release of the defendant pursuant to section 2967.19	8715
of the Revised Code, or of any hearing for judicial release or	8716
early release of the alleged juvenile offender pursuant to section	8717
2151.38 of the Revised Code and of the victim's right to make a	8718
statement under those sections. The court shall notify the victim	8719
of its ruling in each of those hearings and on each of those	8720
applications.	8721

(2) If an offender is sentenced to a prison term pursuant to	8722
division (A)(3) or (B) of section 2971.03 of the Revised Code,	8723
upon the request of the victim of the crime, the prosecutor	8724
promptly shall notify the victim of any hearing to be conducted	8725
pursuant to section 2971.05 of the Revised Code to determine	8726
whether to modify the requirement that the offender serve the	8727
entire prison term in a state correctional facility in accordance	8728
with division (C) of that section, whether to continue, revise, or	8729
revoke any existing modification of that requirement, or whether	8730
to terminate the prison term in accordance with division (D) of	8731
that section. The court shall notify the victim of any order	8732
issued at the conclusion of the hearing.	8733

(C) Upon the victim's request made at any time before the	8734
particular notice would be due, the custodial agency of a	8735
defendant or alleged juvenile offender shall give the victim any	8736
of the following notices that is applicable:	8737

(1) At least three weeks before the adult parole authority	8738
recommends a pardon or commutation of sentence for the defendant	8739
or at least three weeks prior to a hearing before the adult parole	8740
authority regarding a grant of parole to the defendant, notice of	8741
the victim's right to submit a statement regarding the impact of	8742
the defendant's release in accordance with section 2967.12 of the	8743
Revised Code and, if applicable, of the victim's right to appear	8744
at a full board hearing of the parole board to give testimony as	8745
authorized by section 5149.101 of the Revised Code;	8746

(2) At least three weeks before the defendant is transferred	8747
to transitional control under section 2967.26 of the Revised Code,	8748
notice of the pendency of the transfer and of the victim's right	8749
under that section to submit a statement regarding the impact of	8750
the transfer;	8751

(3) At least thirty days before the release authority of the	8752
department of youth services holds a release review, release	8753
hearing, or discharge review for the alleged juvenile offender,	8754
notice of the pendency of the review or hearing, of the victim's	8755
right to make an oral or written statement regarding the impact of	8756
the crime upon the victim or regarding the possible release or	8757
discharge, and, if the notice pertains to a hearing, of the	8758
victim's right to attend and make statements or comments at the	8759
hearing as authorized by section 5139.56 of the Revised Code;	8760

(4) Prompt notice of the defendant's or alleged juvenile	8761
offender's escape from a facility of the custodial agency in which	8762
the defendant was incarcerated or in which the alleged juvenile	8763
offender was placed after commitment, of the defendant's or	8764
alleged juvenile offender's absence without leave from a mental	8765
health or mental retardation and developmental disabilities	8766
facility or from other custody, and of the capture of the	8767
defendant or alleged juvenile offender after an escape or absence;	8768

(5) Notice of the defendant's or alleged juvenile offender's	8769
death while in confinement or custody;	8770

(6) Notice of the defendant's or alleged juvenile offender's	8771
release from confinement or custody and the terms and conditions	8772
of the release.	8773

Sec. 2930.17. (A) In determining whether to grant a judicial	8774
release to a defendant from a prison term pursuant to section	8775
2929.20 of the Revised Code at a time before the defendant's	8776
stated prison term expires, in determining whether to grant a	8777
release to an offender from a prison term pursuant to section	8778
2967.19 of the Revised Code at a time before the offender's stated	8779
prison term expires, or in determining whether to grant a judicial	8780
release or early release to an alleged juvenile offender from a	8781
commitment to the department of youth services pursuant to section	8782
2151.38 of the Revised Code, the court shall permit a victim of a	8783
crime or specified delinquent act for which the defendant or	8784
alleged juvenile offender was incarcerated or committed to make a	8785
statement, in addition to any other statement made under this	8786
chapter, concerning the effects of that crime or specified	8787
delinquent act on the victim, the circumstances surrounding the	8788
crime or specified delinquent act, the manner in which the crime	8789
or specified delinquent act was perpetrated, and the victim's	8790
opinion whether the defendant or alleged juvenile offender should	8791
be released. The victim may make the statement in writing or	8792
orally, at the court's discretion. The court shall give the	8793
defendant or alleged juvenile offender and either the adult parole	8794
authority or the department of youth services, whichever is	8795
applicable, a copy of any written impact statement made by the	8796
victim under this division.	8797

(B) In deciding whether to grant a judicial release or early	8798
release to the defendant or alleged juvenile offender, the court	8799
shall consider a statement made by the victim under division (A)	8800
of this section or section 2930.14 or 2947.051 of the Revised	8801
Code.	8802

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	8803
division (A)(1)(b) of this section, whoever violates a prohibition	8804
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	8805
Code shall be punished as follows:	8806

(i) If the most serious sexually oriented offense that was	8807
the basis of the registration, notice of intent to reside, change	8808
of address notification, or address verification requirement that	8809
was violated under the prohibition is aggravated murder or murder	8810
if committed by an adult or a comparable category of offense	8811
committed in another jurisdiction, the offender is guilty of a	8812
felony of the first degree.	8813

(ii) If the most serious sexually oriented offense or	8814
child-victim oriented offense that was the basis of the	8815
registration, notice of intent to reside, change of address	8816
notification, or address verification requirement that was	8817
violated under the prohibition is a felony of the first, second,	8818
third, or fourth degree if committed by an adult or a comparable	8819
category of offense committed in another jurisdiction, the	8820
offender is guilty of a felony of the same degree as the most	8821
serious sexually oriented offense or child-victim oriented offense	8822
that was the basis of the registration, notice of intent to	8823
reside, change of address, or address verification requirement	8824
that was violated under the prohibition, or, if the most serious	8825
sexually oriented offense or child-victim oriented offense that	8826
was the basis of the registration, notice of intent to reside,	8827
change of address, or address verification requirement that was	8828
violated under the prohibition is a comparable category of offense	8829
committed in another jurisdiction, the offender is guilty of a	8830
felony of the same degree as that offense committed in the other	8831
jurisdiction would constitute if committed in this state.	8832

(iii) If the most serious sexually oriented offense or	8833
child-victim oriented offense that was the basis of the	8834
registration, notice of intent to reside, change of address	8835
notification, or address verification requirement that was	8836
violated under the prohibition is a felony of the fifth degree or	8837
a misdemeanor if committed by an adult or a comparable category of	8838
offense committed in another jurisdiction, the offender is guilty	8839
of a felony of the fourth degree.	8840

(b) If the offender previously has been convicted of or	8841
pleaded guilty to, or previously has been adjudicated a delinquent	8842
child for committing, a violation of a prohibition in section	8843
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	8844
whoever violates a prohibition in section 2950.04, 2950.041,	8845
2950.05, or 2950.06 of the Revised Code shall be punished as	8846
follows:	8847

(i) If the most serious sexually oriented offense that was	8848
the basis of the registration, notice of intent to reside, change	8849
of address notification, or address verification requirement that	8850
was violated under the prohibition is aggravated murder or murder	8851
if committed by an adult or a comparable category of offense	8852
committed in another jurisdiction, the offender is guilty of a	8853
felony of the first degree.	8854

(ii) If the most serious sexually oriented offense or	8855
child-victim oriented offense that was the basis of the	8856
registration, notice of intent to reside, change of address	8857
notification, or address verification requirement that was	8858
violated under the prohibition is a felony of the first, second,	8859
or third degree if committed by an adult or a comparable category	8860
of offense committed in another jurisdiction, the offender is	8861
guilty of a felony of the same degree as the most serious sexually	8862
oriented offense or child-victim oriented offense that was the	8863
basis of the registration, notice of intent to reside, change of	8864
address, or address verification requirement that was violated	8865
under the prohibition, or, if the most serious sexually oriented	8866
offense or child-victim oriented offense that was the basis of the	8867
registration, notice of intent to reside, change of address, or	8868
address verification requirement that was violated under the	8869
prohibition is a comparable category of offense committed in	8870
another jurisdiction, the offender is guilty of a felony of the	8871
same degree as that offense committed in the other jurisdiction	8872
would constitute if committed in this state.	8873

(iii) If the most serious sexually oriented offense or	8874
child-victim oriented offense that was the basis of the	8875
registration, notice of intent to reside, change of address	8876
notification, or address verification requirement that was	8877
violated under the prohibition is a felony of the fourth or fifth	8878
degree if committed by an adult or a comparable category of	8879
offense committed in another jurisdiction, the offender is guilty	8880
of a felony of the third degree.	8881

(iv) If the most serious sexually oriented offense or	8882
child-victim oriented offense that was the basis of the	8883
registration, notice of intent to reside, change of address	8884
notification, or address verification requirement that was	8885
violated under the prohibition is a misdemeanor if committed by an	8886
adult or a comparable category of offense committed in another	8887
jurisdiction, the offender is guilty of a felony of the fourth	8888
degree.	8889

(2)(a) In addition to any penalty or sanction imposed under	8890
division (A)(1) of this section or any other provision of law for	8891
a violation of a prohibition in section 2950.04, 2950.041,	8892
2950.05, or 2950.06 of the Revised Code, if the offender or	8893
delinquent child is subject to a community control sanction, is on	8894
parole, is subject to one or more post-release control sanctions,	8895
or is subject to any other type of supervised release at the time	8896
of the violation, the violation shall constitute a violation of	8897
the terms and conditions of the community control sanction,	8898
parole, post-release control sanction, or other type of supervised	8899
release.	8900

(b) In addition to any penalty or sanction imposed under	8901
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	8902
provision of law for a violation of a prohibition in section	8903
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	8904
offender previously has been convicted of or pleaded guilty to, or	8905
previously has been adjudicated a delinquent child for committing,	8906
a violation of a prohibition in section 2950.04, 2950.041,	8907
2950.05, or 2950.06 of the Revised Code when the most serious	8908
sexually oriented offense or child-victim oriented offense that	8909
was the basis of the requirement that was violated under the	8910
prohibition is a felony if committed by an adult or a comparable	8911
category of offense committed in another jurisdiction, the court	8912
imposing a sentence upon the offender shall impose a definite	8913
prison term of no less than three years. The definite prison term	8914
imposed under this section is not restricted by division (B) of	8915
section 2929.14 of the Revised Code and, subject to division (C)	8916
of section 2967.19 of the Revised Code, shall not be reduced to	8917
less than three years pursuant to any provision of Chapter 2967.	8918
or any other provision of the Revised Code.	8919

(3) As used in division (A)(1) of this section, "comparable	8920
category of offense committed in another jurisdiction" means a	8921
sexually oriented offense or child-victim oriented offense that	8922
was the basis of the registration, notice of intent to reside,	8923
change of address notification, or address verification	8924
requirement that was violated, that is a violation of an existing	8925
or former law of another state or the United States, an existing	8926
or former law applicable in a military court or in an Indian	8927
tribal court, or an existing or former law of any nation other	8928
than the United States, and that, if it had been committed in this	8929
state, would constitute or would have constituted aggravated	8930
murder or murder for purposes of division (A)(1)(a)(i) of this	8931
section, a felony of the first, second, third, or fourth degree	8932
for purposes of division (A)(1)(a)(ii) of this section, a felony	8933
of the fifth degree or a misdemeanor for purposes of division	8934
(A)(1)(a)(iii) of this section, aggravated murder or murder for	8935
purposes of division (A)(1)(b)(i) of this section, a felony of the	8936
first, second, or third degree for purposes of division	8937
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	8938
degree for purposes of division (A)(1)(b)(iii) of this section, or	8939
a misdemeanor for purposes of division (A)(1)(b)(iv) of this	8940
section.	8941

(B) If a person violates a prohibition in section 2950.04,	8942
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	8943
the person as a result of the person being adjudicated a	8944
delinquent child and being classified a juvenile offender	8945
registrant or an out-of-state juvenile offender registrant, both	8946
of the following apply:	8947

(1) If the violation occurs while the person is under	8948
eighteen years of age, the person is subject to proceedings under	8949
Chapter 2152. of the Revised Code based on the violation.	8950

(2) If the violation occurs while the person is eighteen	8951
years of age or older, the person is subject to criminal	8952
prosecution based on the violation.	8953

(C) Whoever violates division (C) of section 2950.13 of the	8954
Revised Code is guilty of a misdemeanor of the first degree.	8955

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

8956

(1) "Concurrent supervision offender" means any offender who	8957
has been sentenced to community control for one or more	8958
misdemeanor violations, is a parolee or releasee, or has been	8959
placed under a community control sanction pursuant to section	8960
2929.16, 2929.17, 2929.18, or 2929.20 of the Revised Code and who	8961
is simultaneously subject to supervision by any of the following:	8962

(a) Two or more municipal courts or county courts in this	8963
state;	8964

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

8965

(c) One or more courts of common pleas in this state and one	8966
or more municipal courts or county courts in this state;	8967

(d) One or more municipal or county courts or courts of	8968
common pleas in this state and the adult parole authority.	8969

"Concurrent supervision offender" does not include an	8970
offender subject to the joint supervision of a court of common	8971
pleas and the adult parole authority pursuant to an agreement	8972
entered into under section 2967.29 of the Revised Code.	8973

(2) "Parolee" and "releasee" have the same meanings as in	8974
section 2967.01 of the Revised Code.	8975

(B)(1) Except as otherwise provided in divisions (B)(2), (3),	8976
(4), and (5) of this section, a concurrent supervision offender	8977
shall be supervised by the court that imposed the longest possible	8978
sentence and shall not be supervised by any other authority.	8979

(2) In the case of a concurrent supervision offender subject	8980
to supervision by two or more municipal or county courts in the	8981
same county, the municipal or county court in the territorial	8982
jurisdiction in which the offender resides shall supervise the	8983
offender. In the case of a concurrent supervision offender subject	8984
to supervision by a municipal court or county court and a court of	8985
common pleas for two or more equal possible sentences, the	8986
municipal or county court shall supervise the offender. In the	8987
case of a concurrent supervision offender subject to supervision	8988
by two or more courts of common pleas in separate counties in this	8989
state, the court that lies within the same territorial	8990
jurisdiction in which the offender resides shall supervise the	8991
offender.	8992

(3) Separate courts within the same county may enter into an	8993
agreement or adopt local rules of procedure specifying, generally,	8994
that concurrent supervision offenders will be supervised in a	8995
manner other than that provided for in divisions (B)(1) and (2) of	8996
this section.	8997

(4)(a) The judges of the various courts of this state having	8998
jurisdiction over a concurrent supervision offender may agree by	8999
journal entry to transfer jurisdiction over a concurrent	9000
supervision offender from one court to another court in any manner	9001
the courts consider appropriate, if the offender is supervised by	9002
only a single supervising authority at all times. An agreement to	9003
transfer supervision of an offender under division (B)(4)(a) of	9004
this section shall not take effect until approved by every court	9005
having authority to supervise the offender and may provide for the	9006
transfer of supervision to the offender's jurisdiction of	9007
residence whether or not the offender was subject to supervision	9008
in that jurisdiction prior to transfer.	9009

(b) If the judges of the various courts of this state having	9010
authority to supervise a concurrent supervision offender cannot	9011
reach agreement with respect to the supervision of the offender,	9012
the offender may be subject to concurrent supervision in the	9013
interest of justice upon the courts' consideration of the	9014
provisions set forth in division (C) of this section.	9015

(5) Notwithstanding any other provision of this section, the	9016
adult parole authority shall remain solely responsible for	9017
addressing any alleged violations by a parolee or releasee of the	9018
terms of supervision of that parolee or releasee.	9019

(C) In determining whether a court maintains authority to	9020
supervise an offender or transfers authority to supervise the	9021
offender pursuant to division (B)(3) or (4) of this section, the	9022
court shall consider all of the following:	9023

(1) The safety of the community;

9024

(2) The risk that the offender might reoffend;

9025

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

9026

(4) The likelihood that the offender will remain in the	9027
jurisdiction;	9028

(5) The ability of the offender to travel to and from the	9029
offender's residence and place of employment or school to the	9030
offices of the supervising authority;	9031

(6) The resources for residential and nonresidential	9032
sanctions or rehabilitative treatment available to the various	9033
courts having supervising authority;	9034

(7) Any other factors consistent with the purposes of	9035
sentencing.	9036

(D) The court having sole authority over a concurrent	9037
supervision offender pursuant to this section shall enforce any	9038
financial obligations imposed by any other court, shall set a	9039
payment schedule consistent with the offender's ability to pay,	9040
and shall cause collections of the offender's financial	9041
obligations to be distributed in proportion to the total amounts	9042
ordered by all sentencing courts, or as otherwise agreed by the	9043
sentencing courts. Financial obligations include financial	9044
sanctions imposed pursuant to sections 2929.18 and 2929.28 of the	9045
Revised Code, court costs, and any other financial order or fee	9046
imposed by a sentencing court. A supervision fee may be charged	9047
only by the agency providing supervision of the case.	9048

(E) Unless the local residential sanction is suspended, the	9049
offender shall complete any local residential sanction before	9050
jurisdiction is transferred in accordance with this section. The	9051
supervising court shall respect all conditions of supervision	9052
established by a sentencing court, but any conflicting or	9053
inconsistent order of the supervising court shall supersede any	9054
other order of a sentencing court. In the case of a concurrent	9055
supervision offender, the supervising court shall determine when	9056
supervision will be terminated but shall not terminate supervision	9057
until all financial obligations are paid pursuant to sections	9058
2929.18 and 2929.28 of the Revised Code.	9059

Sec. 2951.041. (A)(1) If an offender is charged with a	9060
criminal offense, including but not limited to a violation of	9061
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	9062
the Revised Code, and the court has reason to believe that drug or	9063
alcohol usage by the offender was a factor leading to the	9064
~~offender's~~ criminal offense with which the offender is charged or	9065
that, at the time of committing that offense, the offender had a	9066
mental illness or was a mentally retarded person and that the	9067
mental illness or status as a mentally retarded person was a	9068
factor leading to the offender's criminal behavior, the court may	9069
accept, prior to the entry of a guilty plea, the offender's	9070
request for intervention in lieu of conviction. The request shall	9071
include a statement from the offender as to whether the offender	9072
is alleging that drug or alcohol usage by the offender was a	9073
factor leading to the criminal offense with which the offender is	9074
charged or is alleging that, at the time of committing that	9075
offense, the offender had a mental illness or was a mentally	9076
retarded person and that the mental illness or status as a	9077
mentally retarded person was a factor leading to the criminal	9078
offense with which the offender is charged. The request also shall	9079
include a waiver of the defendant's right to a speedy trial, the	9080
preliminary hearing, the time period within which the grand jury	9081
may consider an indictment against the offender, and arraignment,	9082
unless the hearing, indictment, or arraignment has already	9083
occurred. The court may reject an offender's request without a	9084
hearing. If the court elects to consider an offender's request,	9085
the court shall conduct a hearing to determine whether the	9086
offender is eligible under this section for intervention in lieu	9087
of conviction and shall stay all criminal proceedings pending the	9088
outcome of the hearing. If the court schedules a hearing, the	9089
court shall order an assessment of the offender for the purpose of	9090
determining the offender's eligibility for intervention in lieu of	9091
conviction and recommending an appropriate intervention plan.	9092

If the offender alleges that drug or alcohol usage by the	9093
offender was a factor leading to the criminal offense with which	9094
the offender is charged, the court may order that the offender be	9095
assessed by a program certified pursuant to section 3793.06 of the	9096
Revised Code or a properly credentialed professional for the	9097
purpose of determining the offender's eligibility for intervention	9098
in lieu of conviction and recommending an appropriate intervention	9099
plan. The program or the properly credentialed professional shall	9100
provide a written assessment of the offender to the court.	9101

(2) The victim notification provisions of division (C) of	9102
section 2930.08 of the Revised Code apply in relation to any	9103
hearing held under division (A)(1) of this section.	9104

(B) An offender is eligible for intervention in lieu of	9105
conviction if the court finds all of the following:	9106

(1) The offender previously has not been convicted of or	9107
pleaded guilty to a felony offense of violence or previously has	9108
been convicted of or pleaded guilty to any felony that is not an	9109
offense of violence and the prosecuting attorney recommends that	9110
the offender be found eligible for participation in intervention	9111
in lieu of treatment under this section, previously has not been	9112
through intervention in lieu of conviction under this section or	9113
any similar regimen, and is charged with a felony for which the	9114
court, upon conviction, would impose sentence under division	9115
(B)(2)(b) of section 2929.13 of the Revised Code or with a	9116
misdemeanor.	9117

(2) The offense is not a felony of the first, second, or	9118
third degree, is not an offense of violence, is not a violation of	9119
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	9120
not a violation of division (A)(1) of section 2903.08 of the	9121
Revised Code, is not a violation of division (A) of section	9122
4511.19 of the Revised Code or a municipal ordinance that is	9123
substantially similar to that division, and is not an offense for	9124
which a sentencing court is required to impose a mandatory prison	9125
term, a mandatory term of local incarceration, or a mandatory term	9126
of imprisonment in a jail.	9127

(3) The offender is not charged with a violation of section	9128
2925.02, ~~2925.03,~~ 2925.04, or 2925.06 of the Revised Code, is not	9129
charged with a violation of section 2925.03 of the Revised Code	9130
that is a felony of the first, second, third, or fourth degree,	9131
and is not charged with a violation of section 2925.11 of the	9132
Revised Code that is a felony of the first, second, or third	9133
degree.	9134

(4) ~~The offender is not charged with a violation of section~~	9135
~~2925.11 of the Revised Code that is a felony of the fourth degree,~~	9136
~~or the offender is charged with a violation of that section that~~	9137
~~is a felony of the fourth degree and the prosecutor in the case~~	9138
~~has recommended that the offender be classified as being eligible~~	9139
~~for intervention in lieu of conviction under this section.~~	9140

~~(5) The~~If an offender alleges that drug or alcohol usage by	9141
the offender was a factor leading to the criminal offense with	9142
which the offender is charged, the court has ordered that the	9143
offender ~~has been~~be assessed by ~~an appropriately licensed~~	9144
~~provider, certified facility, or licensed and credentialed~~	9145
~~professional, including, but not limited to, a program licensed by~~	9146
~~the department of alcohol and drug addiction services pursuant to~~	9147
~~section 3793.11 of the Revised Code,~~ a program certified ~~by that~~	9148
~~department~~ pursuant to section 3793.06 of the Revised Code~~, a~~	9149
~~public or private hospital, the United States department of~~	9150
~~veterans affairs, another appropriate agency of the government of~~	9151
~~the United States, or a licensed physician, psychiatrist,~~	9152
~~psychologist, independent social worker, professional counselor,~~	9153
~~or chemical dependency counselor~~or a properly credentialed	9154
professional for the purpose of determining the offender's	9155
eligibility for intervention in lieu of conviction and	9156
recommending an appropriate intervention plan, the offender has	9157
been assessed by a program of that nature or a properly	9158
credentialed professional in accordance with the court's order,	9159
and the program or properly credentialed professional has filed	9160
the written assessment of the offender with the court.	9161

(5) If an offender alleges that, at the time of committing	9162
the criminal offense with which the offender is charged, the	9163
offender had a mental illness or was a mentally retarded person	9164
and that the mental illness or status as a mentally retarded	9165
person was a factor leading to that offense, the offender has been	9166
assessed by a psychiatrist, psychologist, independent social	9167
worker, or professional clinical counselor for the purpose of	9168
determining the offender's eligibility for intervention in lieu of	9169
conviction and recommending an appropriate intervention plan.	9170

(6) The offender's drug orusage, alcohol usage, mental	9171
illness, or mental retardation, whichever is applicable, was a	9172
factor leading to the criminal offense with which the offender is	9173
charged, intervention in lieu of conviction would not demean the	9174
seriousness of the offense, and intervention would substantially	9175
reduce the likelihood of any future criminal activity.	9176

(7) The alleged victim of the offense was not sixty-five	9177
years of age or older, permanently and totally disabled, under	9178
thirteen years of age, or a peace officer engaged in the officer's	9179
official duties at the time of the alleged offense.	9180

(8) If the offender is charged with a violation of section	9181
2925.24 of the Revised Code, the alleged violation did not result	9182
in physical harm to any person, and the offender previously has	9183
not been treated for drug abuse.	9184

(9) The offender is willing to comply with all terms and	9185
conditions imposed by the court pursuant to division (D) of this	9186
section.	9187

(C) At the conclusion of a hearing held pursuant to division	9188
(A) of this section, the court shall enter its determination as to	9189
whether the offender is eligible for intervention in lieu of	9190
conviction and as to whether to grant the offender's request. If	9191
the court finds under division (B) of this section that the	9192
offender is eligible for intervention in lieu of conviction and	9193
grants the offender's request, the court shall accept the	9194
offender's plea of guilty and waiver of the defendant's right to a	9195
speedy trial, the preliminary hearing, the time period within	9196
which the grand jury may consider an indictment against the	9197
offender, and arraignment, unless the hearing, indictment, or	9198
arraignment has already occurred. In addition, the court then may	9199
stay all criminal proceedings and order the offender to comply	9200
with all terms and conditions imposed by the court pursuant to	9201
division (D) of this section. If the court finds that the offender	9202
is not eligible or does not grant the offender's request, the	9203
criminal proceedings against the offender shall proceed as if the	9204
offender's request for intervention in lieu of conviction had not	9205
been made.	9206

(D) If the court grants an offender's request for	9207
intervention in lieu of conviction, the court shall place the	9208
offender under the general control and supervision of the county	9209
probation department, the adult parole authority, or another	9210
appropriate local probation or court services agency, if one	9211
exists, as if the offender was subject to a community control	9212
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	9213
Revised Code. The court shall establish an intervention plan for	9214
the offender. The terms and conditions of the intervention plan	9215
shall require the offender, for at least one year from the date on	9216
which the court grants the order of intervention in lieu of	9217
conviction, to abstain from the use of illegal drugs and alcohol,	9218
to participate in treatment and recovery support services, and to	9219
submit to regular random testing for drug and alcohol use and may	9220
include any other treatment terms and conditions, or terms and	9221
conditions similar to community control sanctions, which may	9222
include community service or restitution, that are ordered by the	9223
court.	9224

(E) If the court grants an offender's request for	9225
intervention in lieu of conviction and the court finds that the	9226
offender has successfully completed the intervention plan for the	9227
offender, including the requirement that the offender abstain from	9228
using illegal drugs and alcohol for a period of at least one year	9229
from the date on which the court granted the order of intervention	9230
in lieu of conviction, the requirement that the offender	9231
participate in treatment and recovery support services, and all	9232
other terms and conditions ordered by the court, the court shall	9233
dismiss the proceedings against the offender. Successful	9234
completion of the intervention plan and period of abstinence under	9235
this section shall be without adjudication of guilt and is not a	9236
criminal conviction for purposes of any disqualification or	9237
disability imposed by law and upon conviction of a crime, and the	9238
court may order the sealing of records related to the offense in	9239
question in the manner provided in sections 2953.31 to 2953.36 of	9240
the Revised Code.	9241

(F) If the court grants an offender's request for	9242
intervention in lieu of conviction and the offender fails to	9243
comply with any term or condition imposed as part of the	9244
intervention plan for the offender, the supervising authority for	9245
the offender promptly shall advise the court of this failure, and	9246
the court shall hold a hearing to determine whether the offender	9247
failed to comply with any term or condition imposed as part of the	9248
plan. If the court determines that the offender has failed to	9249
comply with any of those terms and conditions, it shall enter a	9250
finding of guilty and shall impose an appropriate sanction under	9251
Chapter 2929. of the Revised Code. If the court sentences the	9252
offender to a prison term, the court, after consulting with the	9253
department of rehabilitation and correction regarding the	9254
availability of services, may order continued court-supervised	9255
activity and treatment of the offender during the prison term and,	9256
upon consideration of reports received from the department	9257
concerning the offender's progress in the program of activity and	9258
treatment, may consider judicial release under section 2929.20 of	9259
the Revised Code.	9260

(G) As used in this section:

9261

(1) "Community control sanction" has the same meaning as in	9262
section 2929.01 of the Revised Code.	9263

(2) "Intervention in lieu of conviction" means any	9264
court-supervised activity that complies with this section.	9265

(3) "Peace officer" has the same meaning as in section	9266
2935.01 of the Revised Code.	9267

(4) "Mental illness" and "psychiatrist" have the same	9268
meanings as in section 5122.01 of the Revised Code.	9269

(5) "Mentally retarded person" has the same meaning as in	9270
section 5123.01 of the Revised Code.	9271

(6) "Psychologist" has the same meaning as in section 4732.01	9272
of the Revised Code.	9273

Sec. 2951.08. (A) During a period of community control, any	9274
field officer or probation officer may arrest the person under a	9275
community control sanction without a warrant and bring the person	9276
before the judge or magistrate before whom the cause was pending.	9277
During a period of community control, any peace officer may arrest	9278
the person under a community control sanction without a warrant	9279
upon the written order of the chief probation officer of the	9280
probation agency if the person under a community control sanction	9281
is under the supervision of that probation agency or on the order	9282
of an officer of the adult parole authority created pursuant to	9283
section 5149.02 of the Revised Code if the person under a	9284
community control sanction is under the supervision of the	9285
authority. During a period of community control, any peace officer	9286
may arrest the person under a community control sanction on the	9287
warrant of the judge or magistrate before whom the cause was	9288
pending.	9289

During a period of community control, any peace officer may	9290
arrest the person under a community control sanction without a	9291
warrant if the peace officer has reasonable ground to believe that	9292
the person has violated or is violating any of the following that	9293
is a condition of the person's community control sanction:	9294

(1) A condition that prohibits ownership, possession, or use	9295
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	9296

(2) A condition that prohibits the person from being within a	9297
specified structure or geographic area;	9298

(3) A condition that confines the person to a residence,	9299
facility, or other structure;	9300

(4) A condition that prohibits the person from contacting or	9301
communicating with any specified individual;	9302

(5) A condition that prohibits the person from associating	9303
with a specified individual;	9304

(6) A condition as provided in division (A)(1)(a) of section	9305
2929.25 of the Revised Code or in division (A)(1) of section	9306
2929.15 or (A)(8) of section 2929.27 of the Revised Code that	9307
requires that the person not ingest or be injected with a drug of	9308
abuse and submit to random drug testing and requires that the	9309
results of the drug test indicate that the person did not ingest	9310
or was not injected with a drug of abuse.	9311

(B) ~~Upon~~Within three business days after making an arrest	9312
under this section, the arresting field officer, probation	9313
officer, or peace officer or the department or agency of the	9314
arresting officer ~~promptly~~ shall notify the chief probation	9315
officer or the chief probation officer's designee that the person	9316
has been arrested. ~~Upon~~Within thirty days of being notified that	9317
a field officer, probation officer, or peace officer has made an	9318
arrest under this section, the chief probation officer or	9319
designee, or another probation officer designated by the chief	9320
probation officer, promptly shall bring the person who was	9321
arrested before the judge or magistrate before whom the cause was	9322
pending.	9323

(C) Nothing in this section limits the powers of arrest	9324
granted to certain law enforcement officers and citizens under	9325
sections 2935.03 and 2935.04 of the Revised Code.	9326

(D) A probation officer shall receive the actual and	9327
necessary expenses incurred in the performance of the officer's	9328
duties.	9329

(E) As used in this section, "random drug testing" has the	9330
same meaning as in section 5120.63 of the Revised Code.	9331

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

9332

(1) "Imminent danger of death" means that the inmate has a	9333
medically diagnosable condition that will cause death to occur	9334
within a short period of time.	9335

As used in division (A)(1) of this section, "within a short	9336
period of time" means generally within six months.	9337

(2)(a) "Medically incapacitated" means any diagnosable	9338
medical condition, including mental dementia and severe, permanent	9339
medical or cognitive disability, that prevents the inmate from	9340
completing activities of daily living without significant	9341
assistance, that incapacitates the inmate to the extent that	9342
institutional confinement does not offer additional restrictions,	9343
that is likely to continue throughout the entire period of parole,	9344
and that is unlikely to improve noticeably.	9345

(b) "Medically incapacitated" does not include conditions	9346
related solely to mental illness unless the mental illness is	9347
accompanied by injury, disease, or organic defect.	9348

(3)(a) "Terminal illness" means a condition that satisfies	9349
all of the following criteria:	9350

(i) The condition is irreversible and incurable and is caused	9351
by disease, illness, or injury from which the inmate is unlikely	9352
to recover.	9353

(ii) In accordance with reasonable medical standards and a	9354
reasonable degree of medical certainty, the condition is likely to	9355
cause death to the inmate within twelve months.	9356

(iii) Institutional confinement of the inmate does not offer	9357
additional protections for public safety or against the inmate's	9358
risk to reoffend.	9359

(b) The department of rehabilitation and correction shall	9360
adopt rules pursuant to Chapter 119. of the Revised Code to	9361
implement the definition of "terminal illness" in division	9362
(A)(3)(a) of this section.	9363

(B)(1) Upon the recommendation of the director of	9364
rehabilitation and correction, accompanied by a certificate of the	9365
attending physician that an inmate is terminally ill, medically	9366
incapacitated, or in imminent danger of death, the governor may	9367
order the inmate's release ~~as if~~ on indefinite parole on or after	9368
a specified date, reserving the right to return the inmate to the	9369
institution pursuant to this section. IfAn inmate ordered to be	9370
released under this section may be released to a skilled nursing	9371
facility or may be released under a general release that is not to	9372
a skilled nursing facility.	9373

(2) An inmate who is to be released under this section to a	9374
skilled nursing facility shall not be released until an	9375
appropriate placement in a skilled nursing facility has been	9376
secured for the inmate and the skilled nursing facility has	9377
secured a funding source for the placement. When an inmate is to	9378
be released under this section to a skilled nursing facility, the	9379
department of job and family services shall give priority to the	9380
processing and determination of an inmate's eligibility for	9381
initial or continued medicaid funding under this section. When an	9382
inmate is to be released under this section to a skilled nursing	9383
facility, the department of job and family services' processing	9384
and determination of the inmate's eligibility may be based solely	9385
on identifying information provided by the department of	9386
rehabilitation and correction. In addition to the reimbursement	9387
otherwise provided to a skilled nursing facility under Chapter	9388
5111. of the Revised Code, the department of job and family	9389
services, through the medicaid program, shall reimburse a skilled	9390
nursing facility that provides care to inmates under this section	9391
for reasonable additional costs incurred by the facility in	9392
providing the security required by division (D)(1)(e) of this	9393
section and will take all necessary steps to implement the payment	9394
of these additional costs. An inmate shall not be released to a	9395
skilled nursing facility used for the placement of inmates under	9396
this division until the inmate has undergone preadmission	9397
screening and resident review and the level of care review and	9398
determination process established under the Administrative Code	9399
and has been determined to meet the criteria for skilled nursing	9400
care. A skilled nursing facility shall meet the requirements set	9401
forth in division (D) of this section.	9402

(3) If an inmate is released under this section to a skilled	9403
nursing facility or is released under this section under a general	9404
release that is not to a skilled nursing facility, and if,	9405
subsequent to the inmate's release, the inmate's health improves	9406
so that the inmate is no longer terminally ill, medically	9407
incapacitated, or in imminent danger of death, the inmate shall be	9408
returned, by order of the governor, to the institution from which	9409
the inmate was released. If the inmate violates any rules or	9410
conditions applicable to the inmate, the inmate may be returned to	9411
an institution under the control of the department of	9412
rehabilitation and correction. The governor may direct the adult	9413
parole authority to investigate or cause to be investigated the	9414
inmate and make a recommendation in the manner set forth in	9415
section 2967.03 of the Revised Code. An inmate released under this	9416
section shall be subject to supervision by the adult parole	9417
authority in accordance with any recommendation of the adult	9418
parole authority that is approved by the governor. The adult	9419
parole authority shall adopt rules pursuant to section 119.03 of	9420
the Revised Code to establish the procedure for medical release of	9421
an inmate when an inmate is terminally ill, medically	9422
incapacitated, or in imminent danger of death.	9423

(C)(1) No inmate is eligible for release under this section	9424
to a skilled nursing facility if the inmate is serving a death	9425
sentence, a sentence of life without parole, or a sentence under	9426
Chapter 2971. of the Revised Code for a felony of the first or	9427
second degree,.	9428

(2) No inmate is eligible for release under this section	9429
under a general release that is not to a skilled nursing facility	9430
if the inmate is serving any type of sentence identified in	9431
division (C)(1) of this section or is serving a sentence for	9432
aggravated murder or murder, or a mandatory prison term for an	9433
offense of violence or any specification described in Chapter	9434
2941. of the Revised Code.	9435

(D)(1) An inmate shall not be released to a skilled nursing	9436
facility under this section unless the skilled nursing facility	9437
meets all of the following requirements:	9438

(a) The skilled nursing facility is certified as a skilled	9439
nursing facility under Title XVIII or XIX of the "Social Security	9440
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has	9441
obtained any approval or authorization needed for its operation as	9442
described in division (E) of this section.	9443

(b) The skilled nursing facility is under contract with the	9444
department of rehabilitation and correction solely for the care of	9445
inmates released under this section, is certified by the	9446
department, and does not house any person who is not an inmate	9447
released under this section.	9448

(c) The skilled nursing facility is located in Ohio, and the	9449
facility's location presents a minimal risk to public safety.	9450

(d) The skilled nursing facility is operated by a licensed	9451
nursing home administrator who has a minimum of six years of	9452
active licensure, a master's degree in healthcare administration,	9453
and experience in the administration of an assisted living	9454
program, a home care program, a skilled nursing facility, a	9455
hospice care program, and a long term acute care hospital.	9456

(e) Employees of the facility or a contractor provide	9457
security to the skilled nursing facility. The security staff shall	9458
be directed by a person with at least thirty years of experience	9459
as a law enforcement officer with a law enforcement agency	9460
employing a minimum of five hundred law enforcement officers,	9461
whose experience includes a minimum of five years of supervisory	9462
experience.	9463

(2) The department of health shall issue a certificate of	9464
need to the operator of a skilled nursing facility that accepts	9465
inmates under this section.	9466

(E) The department of job and family services shall apply to	9467
the centers for medicare and medicaid services of the United	9468
States department of health and human services for any approval or	9469
other authorization needed for the operation of the skilled	9470
nursing facility to be used to provide care to inmates under this	9471
section, and for a statement of the applicable parameters for	9472
operation of the facility. The department shall notify the	9473
facility and the department of rehabilitation and correction of	9474
the grant by the centers of any such approval or authorization	9475
needed for the facility and of the applicable parameters for its	9476
operation.	9477

(F) Sections 3721.10 to 3721.18 of the Revised Code do not	9478
apply to an inmate receiving care in a skilled nursing facility	9479
under divisions (B) to (D) of this section.	9480

Sec. 2967.14. (A) The department of rehabilitation and	9481
correction or the adult parole authority may require or allow a	9482
parolee or, a releasee, or a prisoner otherwise released from a	9483
state correctional institution to reside in a halfway house or	9484
other suitable community residential center that has been licensed	9485
by the division of parole and community services pursuant to	9486
division (C) of this section during a part or for the entire	9487
period of the offender's or parolee's conditional release or of	9488
the releasee's term of post-release control. The court of common	9489
pleas that placed an offender under a sanction consisting of a	9490
term in a halfway house or in an alternative residential sanction	9491
may require the offender to reside in a halfway house or other	9492
suitable community residential center that is designated by the	9493
court and that has been licensed by the division pursuant to	9494
division (C) of this section during a part or for the entire	9495
period of the offender's residential sanction.	9496

(B) The division of parole and community services may	9497
negotiate and enter into agreements with any public or private	9498
agency or a department or political subdivision of the state that	9499
operates a halfway house, reentry center, or community residential	9500
center that has been licensed by the division pursuant to division	9501
(C) of this section. An agreement under this division shall	9502
provide for the purchase of beds, shall set limits of supervision	9503
and levels of occupancy, and shall determine the scope of services	9504
for all eligible offenders, including those subject to a	9505
residential sanction, as defined in rules adopted by the director	9506
of rehabilitation and correction in accordance with Chapter 119.	9507
of the Revised Code, or those released from prison without	9508
supervision. ~~The payments for beds and services shall be equal to~~	9509
~~the halfway house's or community residential center's average~~	9510
~~daily per capita costs with its facility at full occupancy.~~ The	9511
payments for beds and services shall not exceed the total	9512
operating costs of the halfway house, reentry center, or community	9513
residential center during the term of an agreement. The director	9514
of rehabilitation and correction shall adopt rules in accordance	9515
with Chapter 119. of the Revised Code for determining includable	9516
and excludable costs and income to be used in computing the	9517
agency's average daily per capita costs with its facility at full	9518
occupancy.	9519

The department of rehabilitation and correction may use no	9520
more than ten per cent of the amount appropriated to the	9521
department each fiscal year for the halfway house, reentry center,	9522
and community residential center program to pay for contracts for	9523
nonresidential services for offenders under the supervision of the	9524
adult parole authority. The nonresidential services may include,	9525
but are not limited to, treatment for substance abuse, mental	9526
health counseling, ~~and~~ counseling for sex offenders, and	9527
electronic monitoring services.	9528

(C) The division of parole and community services may license	9529
a halfway house, reentry center, or community residential center	9530
as a suitable facility for the care and treatment of adult	9531
offenders, including offenders sentenced under section 2929.16 or	9532
2929.26 of the Revised Code, only if the halfway house, reentry	9533
center, or community residential center complies with the	9534
standards that the division adopts in accordance with Chapter 119.	9535
of the Revised Code for the licensure of halfway houses, reentry	9536
centers, and community residential centers. The division shall	9537
annually inspect each licensed halfway house, licensed reentry	9538
center, and licensed community residential center to determine if	9539
it is in compliance with the licensure standards.	9540

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

9541

(1) "Deadly weapon" and "dangerous ordnance" have the same	9542
meanings as in section 2923.11 of the Revised.	9543

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

9544

(a) A prison term imposed for aggravated murder, murder,	9545
voluntary manslaughter, involuntary manslaughter, felonious	9546
assault, kidnapping, rape, aggravated arson, or aggravated	9547
robbery;	9548

(b) A prison term imposed for complicity in, an attempt to	9549
commit, or conspiracy to commit any offense listed in division	9550
(A)(2)(a) of this section;	9551

(c) A prison term of life imprisonment, including any term of	9552
life imprisonment that has parole eligibility;	9553

(d) A prison term imposed for any felony other than carrying	9554
a concealed weapon an essential element of which is any conduct or	9555
failure to act expressly involving any deadly weapon or dangerous	9556
ordnance;	9557

(e) A prison term imposed for any violation of section	9558
2925.03 of the Revised Code that is a felony of the first or	9559
second degree;	9560

(f) A prison term imposed for engaging in a pattern of	9561
corrupt activity in violation of section 2923.32 of the Revised	9562
Code;	9563

(g) A prison term imposed pursuant to section 2971.03 of the	9564
Revised Code.	9565

(3) "Eligible prison term" means any prison term that is not	9566
a disqualifying prison term and is not a restricting prison term.	9567

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

9568

(a) A mandatory prison term imposed under division (D)(1)(a),	9569
(D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section 2929.14 of	9570
the Revised Code for a specification of the type described in that	9571
division;	9572

(b) In the case of an offender who has been sentenced to a	9573
mandatory prison term for a specification of the type described in	9574
division (A)(4)(a) of this section, the prison term imposed for	9575
the felony offense for which the specification was stated at the	9576
end of the body of the indictment, count in the indictment, or	9577
information charging the offense;	9578

(c) A prison term imposed for any offense that is described	9579
in division (A)(4)(c)(i) of this section if division (A)(4)(c)(ii)	9580
of this section applies to the offender:	9581

(i) The offense is a felony of the first or second degree	9582
that is an offense of violence and that is not described in	9583
division (A)(2)(a) or (b) of this section, an attempt to commit a	9584
felony of the first or second degree that is an offense of	9585
violence and that is not described in division (A)(2)(a) or (b) of	9586
this section if the attempt is a felony of the first or second	9587
degree, or an offense under an existing or former law of this	9588
state, another state, or the United States that is or was	9589
substantially equivalent to any other offense described in this	9590
division.	9591

(ii) The offender previously was convicted of or pleaded	9592
guilty to any offense listed in division (A)(4)(c)(i) of this	9593
section.	9594

(B) The director of rehabilitation and correction may	9595
petition the sentencing court for the release from prison of any	9596
offender confined in a state correctional institution under a	9597
stated prison term who is eligible under division (C) of this	9598
section for a release under this section, who has one year or more	9599
of that stated prison term that remains to be served after the	9600
offender becomes eligible as described in that division, and who	9601
has served at least eighty-five per cent of that stated prison	9602
term that remains to be served after the offender becomes eligible	9603
as described in that division. If the director wishes to submit a	9604
petition for release under this section, the director shall submit	9605
the petition not earlier than ninety days prior to the date on	9606
which the offender has served eighty-five per cent of the	9607
offender's stated prison term that remains to be served after the	9608
offender becomes eligible as described in division (C) of this	9609
section. The director's submission of a petition for release under	9610
this section constitutes a recommendation by the director that the	9611
court strongly consider release of the offender consistent with	9612
the purposes and principles of sentencing set forth in section	9613
2929.13 of the Revised Code.	9614

(C) Except as otherwise provided in this division, an	9615
offender serving a stated prison term of one year or more is	9616
eligible for release from prison under this section upon the	9617
offender's commencement of service of that stated prison term. An	9618
offender serving a stated prison term that includes a	9619
disqualifying prison term is not eligible for release from prison	9620
under this section. An offender serving a stated prison term that	9621
consists solely of one or more restricting prison terms is not	9622
eligible for release under this section. An offender serving a	9623
stated prison term that includes one or more restricting prison	9624
terms and one or more eligible prison terms becomes eligible for	9625
release under this section after having fully served each	9626
restricting prison term. For purposes of determining an offender's	9627
eligibility for release under this section, if the offender's	9628
stated prison term includes consecutive prison terms, any	9629
restricting prison terms shall be deemed served prior to any	9630
eligible prison terms that run consecutively to the restricting	9631
prison terms, and the eligible prison terms are deemed to commence	9632
after all of the restricting prison terms have been fully served.	9633

An offender serving a stated prison term that includes a	9634
mandatory prison term that is not a disqualifying prison term and	9635
is not a restricting prison term is not automatically ineligible	9636
as a result of the offender's service of that mandatory term for	9637
release from prison under this section, and the offender's	9638
eligibility for release from prison under this section is	9639
determined in accordance with this division.	9640

If an offender confined in a state correctional institution	9641
under a stated prison term is eligible for release under this	9642
section as described in this division, if the offender has one	9643
year or more of that stated prison term that remains to be served	9644
after the offender becomes eligible, and if the offender has	9645
served at least eighty-five per cent of that stated prison term	9646
that remains to be served after the offender becomes eligible, the	9647
director of rehabilitation and correction may petition the	9648
sentencing court pursuant to division (B) of this section for the	9649
release from prison of the offender.	9650

(D) The director shall include with any petition submitted to	9651
the sentencing court under this section an institutional summary	9652
report that covers the offender's participation while confined in	9653
a state correctional institution in school, training, work,	9654
treatment, and other rehabilitative activities and any	9655
disciplinary action taken against the offender while so confined.	9656
The director shall include with the petition a post-release	9657
control assessment and placement plan, when relevant, and any	9658
other documentation requested by the court, if available.	9659

(E) When the director submits a petition under this section	9660
for release of an offender, the department promptly shall give	9661
notice of the petition to the prosecuting attorney of the county	9662
in which the offender was indicted and to any victim of the	9663
offender or victim's representative of any victim of the offender	9664
who is registered with the office of victim's services.	9665

The department also shall post notice of the petition on the	9666
database it maintains under section 5120.66 of the Revised Code	9667
and include information on where a person may send comments	9668
regarding the petition.	9669

(F) Upon receipt of a petition for release of an offender	9670
submitted by the director under this section, the court may deny	9671
the petition without a hearing. The court shall not grant a	9672
petition for release of an offender without a hearing. If a court	9673
denies a petition for release of an offender without a hearing,	9674
the court may later consider release of that offender on a	9675
subsequent petition. The court shall enter its ruling within	9676
thirty days after the petition is filed.	9677

(G) If the court grants a hearing on a petition for release	9678
of an offender submitted under this section, the court shall	9679
notify the head of the state correctional institution in which the	9680
offender is confined of the hearing prior to the hearing. If the	9681
court makes a journal entry ordering the offender to be conveyed	9682
to the hearing, except as otherwise provided in this division, the	9683
head of the correctional institution shall deliver the offender to	9684
the sheriff of the county in which the hearing is to be held, and	9685
the sheriff shall convey the offender to and from the hearing.	9686
Upon the court's own motion or the motion of the offender or the	9687
prosecuting attorney of the county in which the offender was	9688
indicted, the court may permit the offender to appear at the	9689
hearing by video conferencing equipment if equipment of that	9690
nature is available and compatible.	9691

Upon receipt of notice from a court of a hearing on the	9692
release of an offender under this division, the head of the state	9693
correctional institution in which the offender is confined	9694
immediately shall notify the appropriate person at the department	9695
of rehabilitation and correction of the hearing, and the	9696
department within twenty-four hours after receipt of the notice	9697
shall post on the database it maintains pursuant to section	9698
5120.66 of the Revised Code the offender's name and all of the	9699
information specified in division (A)(1)(c)(i) of that section. If	9700
the court grants a hearing on a petition for release of an	9701
offender under this section, the court promptly shall give notice	9702
of the hearing to the prosecuting attorney of the county in which	9703
the offender was indicted. Upon receipt of the notice from the	9704
court, the prosecuting attorney shall notify pursuant to section	9705
2930.16 of the Revised Code any victim of the offender or the	9706
victim's representative of the hearing.	9707

(H) If the court grants a hearing on a petition for release	9708
of an offender under this section, at the hearing, the court shall	9709
afford the offender and the offender's attorney an opportunity to	9710
present written information and, if present, oral information	9711
relevant to the motion. The court shall afford a similar	9712
opportunity to the prosecuting attorney, victim or victim's	9713
representative, as defined in section 2930.01 of the Revised Code,	9714
and any other person the court determines is likely to present	9715
additional relevant information. If the court pursuant to division	9716
(G) of this section permits the offender to appear at the hearing	9717
by video conferencing equipment, the offender's opportunity to	9718
present oral information shall be as a part of the video	9719
conferencing. The court shall consider any statement of a victim	9720
made under section 2930.14 or 2930.17 of the Revised Code, any	9721
victim impact statement prepared under 2947.051 of the Revised	9722
Code, and any report, plan, and other documentation submitted by	9723
the director under division (D) of this section. After ruling on	9724
the motion, the court shall notify the victim in accordance with	9725
sections 2930.03 and 2930.16 of the Revised Code.	9726

(I) If the court grants a petition for release of an offender	9727
under this section, it shall order the offender's release under	9728
the supervision of the adult parole authority. The court shall not	9729
make a release under this section effective prior to the date on	9730
which the offender has served at least eighty-five per cent of the	9731
offender's stated prison term that remains to be served after the	9732
offender becomes eligible as described in division (C) of this	9733
section. If the sentence under which the offender is confined in a	9734
state correctional institution and from which the offender is	9735
being released was imposed for a felony of the first or second	9736
degree, the court shall order that the offender be monitored by	9737
means of a global positioning device, with the cost of monitoring	9738
borne by the offender through the imposition of supervision fees	9739
under section 5120.56 of the Revised Code. If the offender is	9740
indigent, the cost shall be paid out of the reparations fund	9741
created under section 2743.191 of the Revised Code. The initial	9742
period of supervision by the adult parole authority and the	9743
monitoring of the offender by means of a global positioning device	9744
when ordered shall conclude on the date of expiration of the	9745
stated prison term from which the offender was released. If the	9746
parole board imposed a period of post-release control on the	9747
offender under section 2967.28 of the Revised Code, upon the	9748
conclusion of that initial period of supervision and that initial	9749
period of monitoring when ordered, the offender shall be placed on	9750
post-release control in accordance with the post-release control	9751
sanctions the board imposed on the offender under that section.	9752

If the court grants a petition for release of an offender	9753
under this section, it shall notify the appropriate person at the	9754
department of rehabilitation and correction of the release, and	9755
the department shall post notice of the release on the database it	9756
maintains pursuant to section 5120.66 of the Revised Code.	9757

(J) Within ninety days after the effective date of this	9758
section, the chair of the parole board or the chair's designee	9759
shall review the cases of all parole-eligible inmates who are age	9760
sixty-five or older and who have had a statutory first parole	9761
consideration hearing.	9762

(K) Upon completion of the review described in division (J)	9763
of this section, the chair of the parole board shall present to	9764
the board the cases of the offenders described in that division.	9765
Upon presentation of the case of an offender, the board, by	9766
majority vote, may choose to rehear the offender's case for	9767
possible release on parole.	9768

(L) The department shall adopt under Chapter 119. of the	9769
Revised Code any rules necessary to implement this section.	9770

Sec. 2967.193. (A) Except as provided in division (C) of	9771
this section or in division (B) of section 2929.143 or section	9772
2929.13, 2929.14, or 2967.13 of the Revised Code and subject to	9773
the maximum total specified in this section, a person confined in	9774
a state correctional institution may earn one day or five days of	9775
credit, determined based on the category set forth in division	9776
(D)(1), (2), (3), or (4) of this section in which the person is	9777
included, as a deduction from the person's stated prison term for	9778
each ~~full~~completed month during which the person productively	9779
participates in an education program, vocational training,	9780
employment in prison industries, or treatment for substance abuse,	9781
~~treatment as a sex offender, or any other constructive program~~as	9782
developed by the department with specific standards for	9783
performance by prisoners. ~~At the end of each calendar month in~~	9784
~~which a prisoner productively participates in a program or~~	9785
~~activity listed in this division, the department of rehabilitation~~	9786
~~and correction shall deduct one day from the date on which the~~	9787
~~prisoner's stated prison term will expire.~~The total number of	9788
days of credit that a person may earn under this section shall not	9789
exceed eight per cent of the total number of days in the person's	9790
stated prison term. If the prisoner violates prison rules, the	9791
department may deny the prisoner a credit that otherwise could	9792
have been awarded to the prisoner or may withdraw one or more	9793
credits previously earned by the prisoner.	9794

~~If a prisoner is released before the expiration of the~~	9795
~~prisoner's stated prison term by reason of credit earned under~~	9796
~~this section, the department shall retain control of the prisoner~~	9797
~~by means of an appropriate post-release control sanction imposed~~	9798
~~by the parole board until the end of the stated prison term if the~~	9799
~~parole board imposes a post-release control sanction pursuant to~~	9800
~~section 2967.28 of the Revised Code. If the parole board is not~~	9801
~~required to impose a post-release control sanction under section~~	9802
~~2967.28 of the Revised Code, the parole board may elect not to~~	9803
~~impose a post-release control sanction on the prisoner.~~	9804

(B) The department of rehabilitation and correction shall	9805
adopt rules that specify the programs or activities for which	9806
credit may be earned under this section, the criteria for	9807
determining productive participation in the programs or activities	9808
and for awarding credit, and the criteria for denying or	9809
withdrawing previously earned credit as a result of a violation of	9810
prison rules.	9811

(C) No person who is serving a sentence of life imprisonment	9812
without parole imposed pursuant to section 2929.03 or 2929.06 of	9813
the Revised Code or, who is serving a prison term or a term of	9814
life imprisonment without parole imposed pursuant to section	9815
2971.03 of the Revised Code, or who is serving a sentence for a	9816
sexually oriented offense that was imposed for a conviction	9817
occurring or guilty plea entered on or after the effective date of	9818
this amendment shall be awarded any days of credit under division	9819
(A) of this section.	9820

(D) The determination of whether a person confined in a state	9821
correctional institution may earn one day of credit or five days	9822
of credit under division (A) of this section for each completed	9823
month during which the person productively participates in a	9824
program specified under that division shall be made in accordance	9825
with the following:	9826

(1) The offender may earn one day of credit under division	9827
(A) of this section, except as provided in division (C) of this	9828
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9829
Code, if the most serious offense for which the offender is	9830
confined is any of the following that is a felony of the first or	9831
second degree:	9832

(a) A violation of section 2903.11, 2903.15, 2905.01,	9833
2907.24, 2907.25, 2909.02, 2909.09, 2909.10, 2909.101, 2909.26,	9834
2909.27, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2919.13,	9835
2919.151, 2919.22, 2921.34, 2923.01, 2923.131, 2923.162, 2923.32,	9836
2925.24, or 2927.24 of the Revised Code;	9837

(b) A conspiracy or attempt to commit, or complicity in	9838
committing, aggravated murder, murder, any other offense for which	9839
the maximum penalty is death or imprisonment for life, or any	9840
offense listed in division (D)(1)(a) of this section.	9841

(2) The offender may earn one day of credit under division	9842
(A) of this section, except as provided in division (C) of this	9843
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9844
Code, if the most serious offense for which the offender is	9845
confined is a sexually oriented offense and the offender was	9846
convicted of or pleaded guilty to that offense prior to the	9847
effective date of this amendment.	9848

(3) The offender may earn five days of credit under division	9849
(A) of this section, except as provided in division (C) of this	9850
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9851
Code, if the most serious offense for which the offender is	9852
confined is a felony of the first or second degree and neither	9853
division (D)(1) nor (2) of this section applies to the offender.	9854

(4) The offender may earn five days of credit under division	9855
(A) of this section, except as provided in division (C) of this	9856
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9857
Code, if the most serious offense for which the offender is	9858
confined is a felony of the third, fourth, or fifth degree or an	9859
unclassified felony and division (D)(2) of this section does not	9860
apply to the offender.	9861

(E) As used in this section, "sexually oriented offense" has	9862
the same meaning as in section 2950.01 of the Revised Code.	9863

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

9864

(1) "Monitored time" means the monitored time sanction	9865
specified in section 2929.17 of the Revised Code.	9866

(2) "Deadly weapon" and "dangerous ordnance" have the same	9867
meanings as in section 2923.11 of the Revised Code.	9868

(3) "Felony sex offense" means a violation of a section	9869
contained in Chapter 2907. of the Revised Code that is a felony.	9870

(B) Each sentence to a prison term for a felony of the first	9871
degree, for a felony of the second degree, for a felony sex	9872
offense, or for a felony of the third degree that is not a felony	9873
sex offense and in the commission of which the offender caused or	9874
threatened to cause physical harm to a person shall include a	9875
requirement that the offender be subject to a period of	9876
post-release control imposed by the parole board after the	9877
offender's release from imprisonment. If a court imposes a	9878
sentence including a prison term of a type described in this	9879
division on or after July 11, 2006, the failure of a sentencing	9880
court to notify the offender pursuant to division (B)(3)(c) of	9881
section 2929.19 of the Revised Code of this requirement or to	9882
include in the judgment of conviction entered on the journal a	9883
statement that the offender's sentence includes this requirement	9884
does not negate, limit, or otherwise affect the mandatory period	9885
of supervision that is required for the offender under this	9886
division. Section 2929.191 of the Revised Code applies if, prior	9887
to July 11, 2006, a court imposed a sentence including a prison	9888
term of a type described in this division and failed to notify the	9889
offender pursuant to division (B)(3)(c) of section 2929.19 of the	9890
Revised Code regarding post-release control or to include in the	9891
judgment of conviction entered on the journal or in the sentence	9892
pursuant to division (F)(1) of section 2929.14 of the Revised Code	9893
a statement regarding post-release control. Unless reduced by the	9894
parole board pursuant to division (D) of this section when	9895
authorized under that division, a period of post-release control	9896
required by this division for an offender shall be of one of the	9897
following periods:	9898

(1) For a felony of the first degree or for a felony sex	9899
offense, five years;	9900

(2) For a felony of the second degree that is not a felony	9901
sex offense, three years;	9902

(3) For a felony of the third degree that is not a felony sex	9903
offense and in the commission of which the offender caused or	9904
threatened physical harm to a person, three years.	9905

(C) Any sentence to a prison term for a felony of the third,	9906
fourth, or fifth degree that is not subject to division (B)(1) or	9907
(3) of this section shall include a requirement that the offender	9908
be subject to a period of post-release control of up to three	9909
years after the offender's release from imprisonment, if the	9910
parole board, in accordance with division (D) of this section,	9911
determines that a period of post-release control is necessary for	9912
that offender. Section 2929.191 of the Revised Code applies if,	9913
prior to July 11, 2006, a court imposed a sentence including a	9914
prison term of a type described in this division and failed to	9915
notify the offender pursuant to division (B)(3)(d) of section	9916
2929.19 of the Revised Code regarding post-release control or to	9917
include in the judgment of conviction entered on the journal or in	9918
the sentence pursuant to division (F)(2) of section 2929.14 of the	9919
Revised Code a statement regarding post-release control. Pursuant	9920
to an agreement entered into under section 2967.29 of the Revised	9921
Code, a court of common pleas or parole board may impose sanctions	9922
or conditions on an offender who is placed on post-release control	9923
under this division.	9924

(D)(1) Before the prisoner is released from imprisonment, the	9925
parole board or, pursuant to an agreement under section 2967.29 of	9926
the Revised Code, the court shall impose upon a prisoner described	9927
in division (B) of this section, may impose upon a prisoner	9928
described in division (C) of this section, and shall impose upon a	9929
prisoner described in division (B)(2)(b) of section 5120.031 or in	9930
division (B)(1) of section 5120.032 of the Revised Code, one or	9931
more post-release control sanctions to apply during the prisoner's	9932
period of post-release control. Whenever the board or court	9933
imposes one or more post-release control sanctions upon a	9934
prisoner, the board or court, in addition to imposing the	9935
sanctions, also shall include as a condition of the post-release	9936
control that the offender not leave the state without permission	9937
of the court or the offender's parole or probation officer and	9938
that the offender abide by the law. The board or court may impose	9939
any other conditions of release under a post-release control	9940
sanction that the board or court considers appropriate, and the	9941
conditions of release may include any community residential	9942
sanction, community nonresidential sanction, or financial sanction	9943
that the sentencing court was authorized to impose pursuant to	9944
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	9945
to the release of a prisoner for whom it will impose one or more	9946
post-release control sanctions under this division, the parole	9947
board or court shall review the prisoner's criminal history,	9948
results from the single validated risk assessment tool selected by	9949
the department of rehabilitation and correction under section	9950
5120.114 of the Revised Code, all juvenile court adjudications	9951
finding the prisoner, while a juvenile, to be a delinquent child,	9952
and the record of the prisoner's conduct while imprisoned. The	9953
parole board or court shall consider any recommendation regarding	9954
post-release control sanctions for the prisoner made by the office	9955
of victims' services. After considering those materials, the board	9956
or court shall determine, for a prisoner described in division (B)	9957
of this section, division (B)(2)(b) of section 5120.031, or	9958
division (B)(1) of section 5120.032 of the Revised Code, which	9959
post-release control sanction or combination of post-release	9960
control sanctions is reasonable under the circumstances or, for a	9961
prisoner described in division (C) of this section, whether a	9962
post-release control sanction is necessary and, if so, which	9963
post-release control sanction or combination of post-release	9964
control sanctions is reasonable under the circumstances. In the	9965
case of a prisoner convicted of a felony of the fourth or fifth	9966
degree other than a felony sex offense, the board or court shall	9967
presume that monitored time is the appropriate post-release	9968
control sanction unless the board or court determines that a more	9969
restrictive sanction is warranted. A post-release control sanction	9970
imposed under this division takes effect upon the prisoner's	9971
release from imprisonment.	9972

Regardless of whether the prisoner was sentenced to the	9973
prison term prior to, on, or after July 11, 2006, prior to the	9974
release of a prisoner for whom it will impose one or more	9975
post-release control sanctions under this division, the parole	9976
board shall notify the prisoner that, if the prisoner violates any	9977
sanction so imposed or any condition of post-release control	9978
described in division (B) of section 2967.131 of the Revised Code	9979
that is imposed on the prisoner, the parole board may impose a	9980
prison term of up to one-half of the stated prison term originally	9981
imposed upon the prisoner.	9982

(2) If a prisoner who is placed on post-release control under	9983
this section is released before the expiration of the prisoner's	9984
stated prison term by reason of credit earned under section	9985
2967.193 of the Revised Code and if the prisoner earned sixty or	9986
more days of credit, the adult parole authority shall supervise	9987
the offender with an active global positioning system device for	9988
the first fourteen days after the offender's release from	9989
imprisonment. This division does not prohibit or limit the	9990
imposition of any post-release control sanction otherwise	9991
authorized by this section.	9992

(3) At any time after a prisoner is released from	9993
imprisonment and during the period of post-release control	9994
applicable to the releasee, the adult parole authority or,	9995
pursuant to an agreement under section 2967.29 of the Revised	9996
Code, the court may review the releasee's behavior under the	9997
post-release control sanctions imposed upon the releasee under	9998
this section. The authority or court may determine, based upon the	9999
review and in accordance with the standards established under	10000
division (E) of this section, that a more restrictive or a less	10001
restrictive sanction is appropriate and may impose a different	10002
sanction. The authority also may recommend that the parole board	10003
or court increase or reduce the duration of the period of	10004
post-release control imposed by the court. If the authority	10005
recommends that the board or court increase the duration of	10006
post-release control, the board or court shall review the	10007
releasee's behavior and may increase the duration of the period of	10008
post-release control imposed by the court up to eight years. If	10009
the authority recommends that the board or court reduce the	10010
duration of control for an offense described in division (B) or	10011
(C) of this section, the board or court shall review the	10012
releasee's behavior and may reduce the duration of the period of	10013
control imposed by the court. In no case shall the board or court	10014
reduce the duration of the period of control imposed for an	10015
offense described in division (B)(1) of this section to a period	10016
less than the length of the stated prison term originally imposed,	10017
and in no case shall the board or court permit the releasee to	10018
leave the state without permission of the court or the releasee's	10019
parole or probation officer.	10020

(E) The department of rehabilitation and correction, in	10021
accordance with Chapter 119. of the Revised Code, shall adopt	10022
rules that do all of the following:	10023

(1) Establish standards for the imposition by the parole	10024
board of post-release control sanctions under this section that	10025
are consistent with the overriding purposes and sentencing	10026
principles set forth in section 2929.11 of the Revised Code and	10027
that are appropriate to the needs of releasees;	10028

(2) Establish standards by which the parole board can	10029
determine which prisoners described in division (C) of this	10030
section should be placed under a period of post-release control;	10031

(3) Establish standards to be used by the parole board in	10032
reducing the duration of the period of post-release control	10033
imposed by the court when authorized under division (D) of this	10034
section, in imposing a more restrictive post-release control	10035
sanction than monitored time upon a prisoner convicted of a felony	10036
of the fourth or fifth degree other than a felony sex offense, or	10037
in imposing a less restrictive control sanction upon a releasee	10038
based on the releasee's activities including, but not limited to,	10039
remaining free from criminal activity and from the abuse of	10040
alcohol or other drugs, successfully participating in approved	10041
rehabilitation programs, maintaining employment, and paying	10042
restitution to the victim or meeting the terms of other financial	10043
sanctions;	10044

(4) Establish standards to be used by the adult parole	10045
authority in modifying a releasee's post-release control sanctions	10046
pursuant to division (D)(2) of this section;	10047

(5) Establish standards to be used by the adult parole	10048
authority or parole board in imposing further sanctions under	10049
division (F) of this section on releasees who violate post-release	10050
control sanctions, including standards that do the following:	10051

(a) Classify violations according to the degree of	10052
seriousness;	10053

(b) Define the circumstances under which formal action by the	10054
parole board is warranted;	10055

10056

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

10057

(e) Prescribe nonresidential community control sanctions for	10058
most misdemeanor and technical violations;	10059

(f) Provide procedures for the return of a releasee to	10060
imprisonment for violations of post-release control.	10061

(F)(1) Whenever the parole board imposes one or more	10062
post-release control sanctions upon an offender under this	10063
section, the offender upon release from imprisonment shall be	10064
under the general jurisdiction of the adult parole authority and	10065
generally shall be supervised by the field services section	10066
through its staff of parole and field officers as described in	10067
section 5149.04 of the Revised Code, as if the offender had been	10068
placed on parole. If the offender upon release from imprisonment	10069
violates the post-release control sanction or any conditions	10070
described in division (A) of section 2967.131 of the Revised Code	10071
that are imposed on the offender, the public or private person or	10072
entity that operates or administers the sanction or the program or	10073
activity that comprises the sanction shall report the violation	10074
directly to the adult parole authority or to the officer of the	10075
authority who supervises the offender. The authority's officers	10076
may treat the offender as if the offender were on parole and in	10077
violation of the parole, and otherwise shall comply with this	10078
section.	10079

(2) If the adult parole authority or, pursuant to an	10080
agreement under section 2967.29 of the Revised Code, the court	10081
determines that a releasee has violated a post-release control	10082
sanction or any conditions described in division (A) of section	10083
2967.131 of the Revised Code imposed upon the releasee and that a	10084
more restrictive sanction is appropriate, the authority or court	10085
may impose a more restrictive sanction upon the releasee, in	10086
accordance with the standards established under division (E) of	10087
this section or in accordance with the agreement made under	10088
section 2967.29 of the Revised Code, or may report the violation	10089
to the parole board for a hearing pursuant to division (F)(3) of	10090
this section. The authority or court may not, pursuant to this	10091
division, increase the duration of the releasee's post-release	10092
control or impose as a post-release control sanction a residential	10093
sanction that includes a prison term, but the authority or court	10094
may impose on the releasee any other residential sanction,	10095
nonresidential sanction, or financial sanction that the sentencing	10096
court was authorized to impose pursuant to sections 2929.16,	10097
2929.17, and 2929.18 of the Revised Code.	10098

(3) The parole board or, pursuant to an agreement under	10099
section 2967.29 of the Revised Code, the court may hold a hearing	10100
on any alleged violation by a releasee of a post-release control	10101
sanction or any conditions described in division (A) of section	10102
2967.131 of the Revised Code that are imposed upon the releasee.	10103
If after the hearing the board or court finds that the releasee	10104
violated the sanction or condition, the board or court may	10105
increase the duration of the releasee's post-release control up to	10106
the maximum duration authorized by division (B) or (C) of this	10107
section or impose a more restrictive post-release control	10108
sanction. When appropriate, the board or court may impose as a	10109
post-release control sanction a residential sanction that includes	10110
a prison term. The board or court shall consider a prison term as	10111
a post-release control sanction imposed for a violation of	10112
post-release control when the violation involves a deadly weapon	10113
or dangerous ordnance, physical harm or attempted serious physical	10114
harm to a person, or sexual misconduct, or when the releasee	10115
committed repeated violations of post-release control sanctions.	10116
Unless a releasee's stated prison term was reduced pursuant to	10117
section 5120.032 of the Revised Code, the period of a prison term	10118
that is imposed as a post-release control sanction under this	10119
division shall not exceed nine months, and the maximum cumulative	10120
prison term for all violations under this division shall not	10121
exceed one-half of the stated prison term originally imposed upon	10122
the offender as part of this sentence. If a releasee's stated	10123
prison term was reduced pursuant to section 5120.032 of the	10124
Revised Code, the period of a prison term that is imposed as a	10125
post-release control sanction under this division and the maximum	10126
cumulative prison term for all violations under this division	10127
shall not exceed the period of time not served in prison under the	10128
sentence imposed by the court. The period of a prison term that is	10129
imposed as a post-release control sanction under this division	10130
shall not count as, or be credited toward, the remaining period of	10131
post-release control.	10132

If an offender is imprisoned for a felony committed while	10133
under post-release control supervision and is again released on	10134
post-release control for a period of time determined by division	10135
(F)(4)(d) of this section, the maximum cumulative prison term for	10136
all violations under this division shall not exceed one-half of	10137
the total stated prison terms of the earlier felony, reduced by	10138
any prison term administratively imposed by the parole board or	10139
court, plus one-half of the total stated prison term of the new	10140
felony.	10141

(4) Any period of post-release control shall commence upon an	10142
offender's actual release from prison. If an offender is serving	10143
an indefinite prison term or a life sentence in addition to a	10144
stated prison term, the offender shall serve the period of	10145
post-release control in the following manner:	10146

(a) If a period of post-release control is imposed upon the	10147
offender and if the offender also is subject to a period of parole	10148
under a life sentence or an indefinite sentence, and if the period	10149
of post-release control ends prior to the period of parole, the	10150
offender shall be supervised on parole. The offender shall receive	10151
credit for post-release control supervision during the period of	10152
parole. The offender is not eligible for final release under	10153
section 2967.16 of the Revised Code until the post-release control	10154
period otherwise would have ended.	10155

(b) If a period of post-release control is imposed upon the	10156
offender and if the offender also is subject to a period of parole	10157
under an indefinite sentence, and if the period of parole ends	10158
prior to the period of post-release control, the offender shall be	10159
supervised on post-release control. The requirements of parole	10160
supervision shall be satisfied during the post-release control	10161
period.	10162

(c) If an offender is subject to more than one period of	10163
post-release control, the period of post-release control for all	10164
of the sentences shall be the period of post-release control that	10165
expires last, as determined by the parole board or court. Periods	10166
of post-release control shall be served concurrently and shall not	10167
be imposed consecutively to each other.	10168

(d) The period of post-release control for a releasee who	10169
commits a felony while under post-release control for an earlier	10170
felony shall be the longer of the period of post-release control	10171
specified for the new felony under division (B) or (C) of this	10172
section or the time remaining under the period of post-release	10173
control imposed for the earlier felony as determined by the parole	10174
board or court.	10175

Sec. 2981.07. (A) No person shall destroy, damage, remove, or	10176
transfer property that is subject to forfeiture or otherwise take	10177
any action in regard to property that is subject to forfeiture	10178
with purpose to do any of the following:	10179

(1) Prevent or impair the state's or political subdivision's	10180
lawful authority to take the property into its custody or control	10181
under this chapter or to continue holding the property under its	10182
lawful custody or control;	10183

(2) Impair or defeat the court's continuing jurisdiction over	10184
the person and property;	10185

(3) Devalue property that the person knows, or has reasonable	10186
cause to believe, is subject to forfeiture proceedings under this	10187
chapter.	10188

(B)(1) Whoever violates this section is guilty of	10189
interference with or diminishing forfeitable property.	10190

(2) Except as otherwise provided in divisions (B)(3), (4),	10191
and (5) of this section, interference with or diminishing	10192
forfeitable property is a misdemeanor of the first degree.	10193

(3) If the value of the property is ~~five hundred~~one thousand	10194
dollars or more but less than ~~five~~seven thousand five hundred	10195
dollars, interference with or diminishing forfeitable property is	10196
a felony of the fifth degree.	10197

(4) If the value of the property is ~~five~~seven thousand five	10198
hundred dollars or more but less than one hundred fifty thousand	10199
dollars, interference with or diminishing forfeitable property is	10200
a felony of the fourth degree.	10201

(5) If the value of the property is one hundred fifty	10202
thousand dollars or more, interference with or diminishing	10203
forfeitable property is a felony of the third degree.	10204

Sec. 4507.51. (A)(1) Every application for an identification	10205
card or duplicate shall be made on a form furnished by the	10206
registrar of motor vehicles, shall be signed by the applicant, and	10207
by the applicant's parent or guardian if the applicant is under	10208
eighteen years of age, and shall contain the following information	10209
pertaining to the applicant: name, date of birth, sex, general	10210
description including the applicant's height, weight, hair color,	10211
and eye color, address, and social security number. The	10212
application also shall state whether an applicant wishes to	10213
certify willingness to make an anatomical gift under section	10214
2108.05 of the Revised Code and shall include information about	10215
the requirements of sections 2108.01 to 2108.29 of the Revised	10216
Code that apply to persons who are less than eighteen years of	10217
age. The statement regarding willingness to make such a donation	10218
shall be given no consideration in the decision of whether to	10219
issue an identification card. Each applicant shall be photographed	10220
in color at the time of making application.	10221

(2)(a) The application also shall state whether the applicant	10222
has executed a valid durable power of attorney for health care	10223
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	10224
executed a declaration governing the use or continuation, or the	10225
withholding or withdrawal, of life-sustaining treatment pursuant	10226
to sections 2133.01 to 2133.15 of the Revised Code and, if the	10227
applicant has executed either type of instrument, whether the	10228
applicant wishes the identification card issued to indicate that	10229
the applicant has executed the instrument.	10230

(b) On and after October 7, 2009, the application also shall	10231
state whether the applicant is a veteran, active duty, or	10232
reservist of the armed forces of the United States and, if the	10233
applicant is such, whether the applicant wishes the identification	10234
card issued to indicate that the applicant is a veteran, active	10235
duty, or reservist of the armed forces of the United States by a	10236
military designation on the identification card.	10237

(3) The registrar or deputy registrar, in accordance with	10238
section 3503.11 of the Revised Code, shall register as an elector	10239
any person who applies for an identification card or duplicate if	10240
the applicant is eligible and wishes to be registered as an	10241
elector. The decision of an applicant whether to register as an	10242
elector shall be given no consideration in the decision of whether	10243
to issue the applicant an identification card or duplicate.	10244

(B) The application for an identification card or duplicate	10245
shall be filed in the office of the registrar or deputy registrar.	10246
Each applicant shall present documentary evidence as required by	10247
the registrar of the applicant's age and identity, and the	10248
applicant shall swear that all information given is true. An	10249
identification card issued by the department of rehabilitation and	10250
correction under section 5120.59 of the Revised Code shall be	10251
sufficient documentary evidence under this division upon	10252
verification of the applicant's social security number by the	10253
registrar or a deputy registrar. Upon issuing an identification	10254
card under this section for a person who has been issued an	10255
identification card under section 5120.59 of the Revised Code, the	10256
registrar or deputy registrar shall destroy the identification	10257
card issued under section 5120.59 of the Revised Code.	10258

All applications for an identification card or duplicate	10259
shall be filed in duplicate, and if submitted to a deputy	10260
registrar, a copy shall be forwarded to the registrar. The	10261
registrar shall prescribe rules for the manner in which a deputy	10262
registrar is to file and maintain applications and other records.	10263
The registrar shall maintain a suitable, indexed record of all	10264
applications denied and cards issued or canceled.	10265

(C) In addition to any other information it contains, on and	10266
after the date that is fifteen months after the effective date of	10267
this amendment, the form furnished by the registrar of motor	10268
vehicles for an application for an identification card or	10269
duplicate shall inform applicants that the applicant must present	10270
a copy of the applicant's DD-214 or an equivalent document in	10271
order to qualify to have the card or duplicate indicate that the	10272
applicant is an honorably discharged veteran of the armed forces	10273
of the United States based on a request made pursuant to division	10274
(A)(2)(b) of this section.	10275

Sec. 5120.035. (A) As used in this section:

10276

(1) "Alcohol and drug addiction services" has the same	10277
meaning as in section 3793.01 of the Revised Code.	10278

(2) "Second Chance Act" means the "Second Chance Act of 2007:	10279
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42	10280
U.S.C. 17501, et seq., as now or hereafter amended.	10281

(B) The department of rehabilitation and correction, together	10282
with the department of alcohol and drug addiction services as the	10283
single state authority for alcohol and drug addiction services,	10284
shall develop an implementation plan related to any funding	10285
approved by the bureau of justice assistance of the United States	10286
department of justice through the Second Chance Act related to	10287
reentry of offenders into the community. The department of	10288
rehabilitation and correction, together with the department of	10289
alcohol and drug addiction services, shall develop the plan not	10290
later than ninety days after either of the departments is notified	10291
by the United States department of justice that this state will	10292
receive funding through the Second Chance Act. The implementation	10293
plan shall include, but is not limited to, all of the following:	10294

(1) A process and funding system for the reentry of offenders	10295
seeking alcohol and drug addiction services;	10296

(2) The planning, development, implementation, outcomes,	10297
monitoring, regulation, and evaluation of a statewide system for	10298
clinically appropriate alcohol and drug addiction services.	10299

Sec. 5120.036. (A) The department of rehabilitation and	10300
correction shall provide risk reduction programming and treatment	10301
for inmates whom a court under section 2929.143 of the Revised	10302
Code recommends serve a risk reduction sentence and who meet the	10303
eligibility criteria described in division (B) of this section.	10304

(B) If an offender is sentenced to a term of imprisonment in	10305
a state correctional institution and the sentencing court	10306
recommended that the offender serve a risk reduction sentence, the	10307
department of rehabilitation and correction shall conduct a	10308
validated and objective assessment of the person's needs and risk	10309
of reoffending. If the offender cooperates with the risk	10310
assessment and agrees to participate in any programming or	10311
treatment ordered by the department, the department shall provide	10312
programming and treatment to the offender to address the risks and	10313
needs identified in the assessment.	10314

(C) If the department determines that an offender serving a	10315
term of incarceration for whom the sentencing court recommended a	10316
risk redaction sentence under section 2929.143 of the Revised Code	10317
has successfully completed the assessment and treatment or	10318
programming required by the department under division (B) of this	10319
section, the department shall release the offender to supervised	10320
release after the offender has served a minimum of seventy-five	10321
per cent of that term of incarceration. The department shall	10322
notify the sentencing court that the offender has successfully	10323
completed the terms of the risk reduction sentence at least thirty	10324
days prior to the date upon which the offender is to be released.	10325

Sec. 5120.07. (A) There is hereby created the ex-offender	10326
reentry coalition consisting of the following seventeen members or	10327
their designees:	10328

(1) The director of rehabilitation and correction;

10329

(2) The director of aging;

10330

(3) The director of alcohol and drug addiction services;

10331

(4) The director of development;

10332

(5) The superintendent of public instruction;

10333

(6) The director of health;

10334

(7) The director of job and family services;

10335

(8) The director of mental health;

10336

(9) The director of developmental disabilities;

10337

(10) The director of public safety;

10338

(11) The director of youth services;

10339

(12) The chancellor of the Ohio board of regents;

10340

(13) ~~The director~~A representative or member of the	10341
governor's ~~office of external affairs and economic opportunity~~	10342
staff;	10343

(14) ~~The director of the governor's office of faith-based and~~	10344
~~community initiatives;~~	10345

~~(15)~~ The director of the rehabilitation services commission;

10346

~~(16)~~(15) The director of the department of commerce;

10347

~~(17)~~(16) The executive director of a health care licensing	10348
board created under Title XLVII of the Revised Code, as appointed	10349
by the chairperson of the coalition;	10350

(17) The director of veterans services.

10351

(B) The members of the coalition shall serve without	10352
compensation. The director of rehabilitation and correction or the	10353
director's designee shall be the chairperson of the coalition.	10354

(C) In consultation with persons interested and involved in	10355
the reentry of ex-offenders into the community, including but not	10356
limited to, service providers, community-based organizations, and	10357
local governments, the coalition shall identify and examine social	10358
service barriers and other obstacles to the reentry of	10359
ex-offenders into the community. Not later than one year after	10360
April 7, 2009, and on or before the same date of each year	10361
thereafter, the coalition shall submit to the speaker of the house	10362
of representatives and the president of the senate a report,	10363
including recommendations for legislative action, the activities	10364
of the coalition, and the barriers affecting the successful	10365
reentry of ex-offenders into the community. The report shall	10366
analyze the effects of those barriers on ex-offenders and on their	10367
children and other family members in various areas, including but	10368
not limited to, the following:	10369

(1) Admission to public and other housing;

10370

(2) Child support obligations and procedures;

10371

(3) Parental incarceration and family reunification;

10372

(4) Social security benefits, veterans' benefits, food	10373
stamps, and other forms of public assistance;	10374

(5) Employment;

10375

(6) Education programs and financial assistance;

10376

(7) Substance abuse, mental health, and sex offender	10377
treatment programs and financial assistance;	10378

(8) Civic and political participation;

10379

(9) Other collateral consequences under the Revised Code or	10380
the Ohio administrative code law that may result from a criminal	10381
conviction.	10382

Sec. 5120.10. (A)(1) The director of rehabilitation and	10383
correction, by rule, shall promulgate minimum standards for jails	10384
in Ohio, including minimum security jails dedicated under section	10385
341.34 or 753.21 of the Revised Code. Whenever the director files	10386
a rule or an amendment to a rule in final form with both the	10387
secretary of state and the director of the legislative service	10388
commission pursuant to section 111.15 of the Revised Code, the	10389
director of rehabilitation and correction promptly shall send a	10390
copy of the rule or amendment, if the rule or amendment pertains	10391
to minimum jail standards, by ordinary mail to the political	10392
subdivisions or affiliations of political subdivisions that	10393
operate jails to which the standards apply.	10394

(2) The rules promulgated in accordance with division (A)(1)	10395
of this section shall serve as criteria for the investigative and	10396
supervisory powers and duties vested by division (D) of this	10397
section in the division of parole and community services of the	10398
department of rehabilitation and correction or in another division	10399
of the department to which those powers and duties are assigned.	10400

(B) The director may initiate an action in the court of	10401
common pleas of the county in which a facility that is subject to	10402
the rules promulgated under division (A)(1) of this section is	10403
situated to enjoin compliance with the minimum standards for jails	10404
or with the minimum standards and minimum renovation,	10405
modification, and construction criteria for minimum security	10406
jails.	10407

(C) Upon the request of an administrator of a jail facility,	10408
the chief executive of a municipal corporation, or a board of	10409
county commissioners, the director of rehabilitation and	10410
correction or the director's designee shall grant a variance from	10411
the minimum standards for jails in Ohio for a facility that is	10412
subject to one of those minimum standards when the director	10413
determines that strict compliance with the minimum standards would	10414
cause unusual, practical difficulties or financial hardship, that	10415
existing or alternative practices meet the intent of the minimum	10416
standards, and that granting a variance would not seriously affect	10417
the security of the facility, the supervision of the inmates, or	10418
the safe, healthful operation of the facility. If the director or	10419
the director's designee denies a variance, the applicant may	10420
appeal the denial pursuant to section 119.12 of the Revised Code.	10421

(D) The following powers and duties shall be exercised by the	10422
division of parole and community services unless assigned to	10423
another division by the director:	10424

(1) The investigation and supervision of county and municipal	10425
jails, workhouses, minimum security jails, and other correctional	10426
institutions and agencies;	10427

(2) The review and approval of plans submitted to the	10428
department of rehabilitation and correction pursuant to division	10429
(E) of this section;	10430

(3) The management and supervision of the adult parole	10431
authority created by section 5149.02 of the Revised Code;	10432

(4) The review and approval of proposals for community-based	10433
correctional facilities and programs and district community-based	10434
correctional facilities and programs that are submitted pursuant	10435
to division (B) of section 2301.51 of the Revised Code;	10436

(5) The distribution of funds made available to the division	10437
for purposes of assisting in the renovation, maintenance, and	10438
operation of community-based correctional facilities and programs	10439
and district community-based correctional facilities and programs	10440
in accordance with section 5120.112 of the Revised Code;	10441

(6) The performance of the duty imposed upon the department	10442
of rehabilitation and correction in section 5149.31 of the Revised	10443
Code to establish and administer a program of subsidies to	10444
eligible municipal corporations, counties, and groups of	10445
contiguous counties for the development, implementation, and	10446
operation of community-based corrections programs;	10447

(7) Licensing halfway houses and community residential	10448
centers for the care and treatment of adult offenders in	10449
accordance with section 2967.14 of the Revised Code;	10450

(8) Contracting with a public or private agency or a	10451
department or political subdivision of the state that operates a	10452
licensed halfway house or community residential center for the	10453
provision of housing, supervision, and other services to parolees,	10454
releasees, persons placed under a residential sanction, persons	10455
under transitional control, and other eligible offenders in	10456
accordance with section 2967.14 of the Revised Code.	10457

Other powers and duties may be assigned by the director of	10458
rehabilitation and correction to the division of parole and	10459
community services. This section does not apply to the department	10460
of youth services or its institutions or employees.	10461

(E) No plan for any new jail, workhouse, or lockup, and no	10462
plan for a substantial addition or alteration to an existing jail,	10463
workhouse, or lockup, shall be adopted unless the officials	10464
responsible for adopting the plan have submitted the plan to the	10465
department of rehabilitation and correction for approval, and the	10466
department has approved the plan as provided in division (D)(2) of	10467
this section.	10468

(F) The division of parole and community services shall	10469
review, approve, and certify proposals for community alternative	10470
sentencing centers and district community alternative sentencing	10471
centers that are submitted pursuant to section 307.932 of the	10472
Revised Code.	10473

Sec. 5120.111. With respect to community-based correctional	10474
facilities and programs and district community-based correctional	10475
facilities and programs authorized under section 2301.51 of the	10476
Revised Code and to community alternative sentencing centers and	10477
district community alternative sentencing centers authorized under	10478
section 307.932 of the Revised Code, the department of	10479
rehabilitation and correction shall do all of the following:	10480

(A) Adopt rules, under Chapter 119. of the Revised Code, that	10481
serve as criteria for the operation of community-based	10482
correctional facilities and programs and district community-based	10483
correctional facilities and programs approved in accordance with	10484
sections 2301.51 and 5120.10 of the Revised Code;	10485

(B) Adopt rules, under Chapter 119. of the Revised Code,	10486
governing the procedures for the submission of proposals for the	10487
establishment of community-based correctional facilities and	10488
programs and district community-based correctional facilities and	10489
programs to the division of parole and community services under	10490
division (B) of section 2301.51 of the Revised Code or for the	10491
establishment and operation of community alternative sentencing	10492
centers and district community alternative sentencing centers	10493
under section 307.932 of the Revised Code and adopt rules under	10494
Chapter 119. of the Revised Code that establish certification	10495
guidelines for community alternative sentencing centers and	10496
district community alternative sentencing centers under section	10497
307.932 of the Revised Code;	10498

(C) Prescribe forms that are to be used by facility governing	10499
boards of community-based correctional facilities and programs and	10500
district community-based correctional facilities and programs in	10501
making application for state financial assistance under section	10502
2301.56 of the Revised Code;	10503

(D) Adopt rules, under Chapter 119. of the Revised Code, that	10504
prescribe the standards of operation for the facilities and	10505
programs that must be satisfied for ~~the~~community-based	10506
correctional facilities and programs and district community-based	10507
correctional facilities and programs to be eligible for state	10508
financial assistance;	10509

(E) Through the division of parole and community services,	10510
accept and review proposals for the establishment of ~~the~~	10511
community-based correctional facilities and programs and district	10512
community-based correctional facilities and programs and approve	10513
those proposals that satisfy the minimum requirements contained in	10514
section 2301.52 of the Revised Code; and administer the program	10515
for state financial assistance to the facilities and programs in	10516
accordance with section 5120.112 of the Revised Code;	10517

(F) Accept, through the division of parole and community	10518
services, and review proposals for the establishment and operation	10519
of community alternative sentencing centers and district community	10520
alternative sentencing centers and approve and certify those	10521
proposals that satisfy the requirements contained in section	10522
307.932 of the Revised Code.	10523

Sec. 5120.113. (A) For each inmate committed to the	10524
department of rehabilitation and correction, except as provided in	10525
division (B) of this section, the department shall prepare a	10526
written reentry plan for the inmate to help guide the inmate's	10527
rehabilitation program during imprisonment, to assist in the	10528
inmate's reentry into the community, and to assess the inmate's	10529
needs upon release.	10530

(B) Division (A) of this section does not apply to an inmate	10531
who has been sentenced to life imprisonment without parole or who	10532
has been sentenced to death. Division (A) of this section does not	10533
apply to any inmate who is expected to be imprisoned for thirty	10534
days or less, but the department may prepare a written reentry	10535
plan of the type described in that division if the department	10536
determines that the plan is needed.	10537

(C) The department may collect, if available, any social and	10538
other information that will aid in the preparation of reentry	10539
plans under this section.	10540

(D) In the event the department does not prepare a written	10541
reentry plan as specified in division (A) of this section, or	10542
makes a decision to not prepare a written reentry plan under	10543
division (B) of this section or to not collect information under	10544
division (C) of this section, that fact does not give rise to a	10545
claim for damages against the state, the department, the director	10546
of the department, or any employee of the department.	10547

Sec. 5120.114. (A) The department of rehabilitation and	10548
correction shall select a single validated risk assessment tool.	10549
This assessment tool shall be used by the following entities:	10550

(1) Municipal courts;

10551

(2) Common pleas courts;

10552

(3) County courts;

10553

(4) Municipal court departments of probation;

10554

(5) County departments of probation;

10555

(6) Probation departments established by two or more	10556
counties;	10557

(7) State and local correctional institutions;

10558

(8) Private correctional facilities;

10559

(9) Community-based correctional facilities;

10560

(10) The adult parole authority;

10561

(11) The parole board.

10562

(B) All employees of entities required to use the assessment	10563
tool shall be trained and certified by a trainer who is certified	10564
by the department. Each entity utilizing the assessment tool shall	10565
develop policies and protocols regarding all of the following	10566
activities:	10567

(1) Application and integration of the assessment tool into	10568
operations, supervision, and case planning;	10569

(2) Administrative oversight of the use of the assessment	10570
tool;	10571

(3) Staff training;

10572

(4) Quality assurance;

10573

(5) Data collection and sharing.

10574

Sec. 5120.16. (A) Persons sentenced to any institution,	10575
division, or place under the control of the department of	10576
rehabilitation and correction are committed to the control, care,	10577
and custody of the department. Subject to division (B) of this	10578
section, the director of rehabilitation and correction or the	10579
director's designee may direct that persons sentenced to the	10580
department, or to any institution or place within the department,	10581
shall be conveyed initially to an appropriate facility established	10582
and maintained by the department for reception, examination,	10583
observation, and classification of the persons so sentenced. If a	10584
presentence investigation report was not prepared pursuant to	10585
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule	10586
32.2 regarding any person sentenced to the department or to any	10587
institution or place within the department, the director or the	10588
director's designee may order the department's field staff to	10589
conduct an offender background investigation and prepare an	10590
offender background investigation report regarding the person. The	10591
investigation and report shall be conducted in accordance with	10592
division (A) of section 2951.03 of the Revised Code and the report	10593
shall contain the same information as a presentence investigation	10594
report prepared pursuant to that section.	10595

When the examination, observation, and classification of the	10596
person have been completed by the facility and a written report of	10597
the examination, observation, and classification is filed with the	10598
commitment papers, the director or the director's designee,	10599
subject to division (B) of this section, shall assign the person	10600
to a suitable state institution or place maintained by the state	10601
within the director's department or shall designate that the	10602
person is to be housed in a county, multicounty, municipal,	10603
municipal-county, or multicounty-municipal jail or workhouse, if	10604
authorized by section 5120.161 of the Revised Code, there to be	10605
confined, cared for, treated, trained, and rehabilitated until	10606
paroled, released in accordance with section 2929.20, 2967.26, or	10607
2967.28, or 5120.036 of the Revised Code, or otherwise released	10608
under the order of the court that imposed the person's sentence.	10609
No person committed by a probate court, a trial court pursuant to	10610
section 2945.40, 2945.401, or 2945.402 of the Revised Code	10611
subsequent to a finding of not guilty by reason of insanity, or a	10612
juvenile court shall be assigned to a state correctional	10613
institution.	10614

If a person is sentenced, committed, or assigned for the	10615
commission of a felony to any one of the institutions or places	10616
maintained by the department or to a county, multicounty,	10617
municipal, municipal-county, or multicounty-municipal jail or	10618
workhouse, the department, by order duly recorded and subject to	10619
division (B) of this section, may transfer the person to any other	10620
institution, or, if authorized by section 5120.161 of the Revised	10621
Code, to a county, multicounty, municipal, municipal-county, or	10622
multicounty-municipal jail or workhouse.	10623

(B) If the case of a child who is alleged to be a delinquent	10624
child is transferred for criminal prosecution to the appropriate	10625
court having jurisdiction of the offense pursuant to section	10626
2152.12 of the Revised Code, if the child is convicted of or	10627
pleads guilty to a felony in that case, if the child is sentenced	10628
to a prison term, as defined in section 2901.01 of the Revised	10629
Code, and if the child is under eighteen years of age when	10630
delivered to the custody of the department of rehabilitation and	10631
correction, all of the following apply regarding the housing of	10632
the child:	10633

(1) Until the child attains eighteen years of age, subject to	10634
divisions (B)(2), (3), and (4) of this section, the department	10635
shall house the child in a housing unit in a state correctional	10636
institution separate from inmates who are eighteen years of age or	10637
older.	10638

(2) The department is not required to house the child in the	10639
manner described in division (B)(1) of this section if the child	10640
does not observe the rules and regulations of the institution or	10641
the child otherwise creates a security risk by being housed	10642
separately.	10643

(3) If the department receives too few inmates who are under	10644
eighteen years of age to fill a housing unit in a state	10645
correctional institution separate from inmates who are eighteen	10646
years of age or older, as described in division (B)(1) of this	10647
section, the department may house the child in a housing unit in a	10648
state correctional institution that includes both inmates who are	10649
under eighteen years of age and inmates who are eighteen years of	10650
age or older and under twenty-one years of age.	10651

(4) Upon the child's attainment of eighteen years of age, the	10652
department may house the child with the adult population of the	10653
state correctional institution.	10654

(C) The director or the director's designee shall develop a	10655
policy for dealing with problems related to infection with the	10656
human immunodeficiency virus. The policy shall include methods of	10657
identifying individuals committed to the custody of the department	10658
who are at high risk of infection with the virus and counseling	10659
those individuals.	10660

Arrangements for housing individuals diagnosed as having AIDS	10661
or an AIDS-related condition shall be made by the department based	10662
on security and medical considerations and in accordance with	10663
division (B) of this section, if applicable.	10664

Sec. 5120.331. (A) Not later than the first day of April of	10665
each year, the department of rehabilitation and correction shall	10666
prepare an annual report covering the preceding calendar year that	10667
does all of the following:	10668

(1) Indicates the total number of persons sentenced to any	10669
institution, division, or place under its control and management	10670
who are delivered within that calendar year to its custody and	10671
control;	10672

(2) Indicates the total number of persons who, during that	10673
calendar year, were released from a prison term on any of the	10674
following bases:	10675

(a) On judicial release under section 2929.20 of the Revised	10676
Code;	10677

(b) On transitional control under section 2967.26 of the	10678
Revised Code;	10679

(c) As a result of successfully completing a risk reduction	10680
sentence under section 5120.036 of the Revised Code;	10681

(d) On parole;

10682

~~(d)~~(e) Due to the expiration of the stated prison term	10683
imposed;	10684

~~(e)~~(f) On any basis not described in divisions (A)(2)(a) to	10685
~~(d)~~(e) of this section.	10686

(3) Lists each offense, by Revised Code section number and,	10687
if applicable, by designated name, for which at least one person	10688
who was released from a prison term in that calendar year was	10689
serving a prison term at the time of release;	10690

(4) For each offense included in the list described in	10691
division (A)(3) of this section, indicates all of the following:	10692

(a) The total number of persons released from a prison term	10693
in that calendar year who were serving a prison term for that	10694
offense at the time of release;	10695

(b) The shortest, longest, and average prison term that had	10696
been imposed for that offense upon the persons described in	10697
division (A)(4)(a) of this section and that they were serving at	10698
the time of release;	10699

(c) The shortest, longest, and average period of imprisonment	10700
actually served by the persons described in division (A)(4)(a) of	10701
this section under a prison term that had been imposed for that	10702
offense upon them and that they were serving at the time of	10703
release;	10704

(d) The total number of persons released from a prison term	10705
in that calendar year under each of the bases for release set	10706
forth in division (A)(2) of this section who were serving a prison	10707
term for that offense at the time of release;	10708

(e) The shortest, longest, and average prison term that had	10709
been imposed for that offense upon the persons in each category	10710
described in division (A)(4)(d) of this section and that they were	10711
serving at the time of release;	10712

(f) The shortest, longest, and average period of imprisonment	10713
actually served by the persons in each category described in	10714
division (A)(4)(d) of this section under a prison term that had	10715
been imposed for that offense upon them and that they were serving	10716
at the time of release.	10717

(B) No report prepared under division (A) of this section	10718
shall identify or enable the identification of any person released	10719
from a prison term in the preceding calendar year.	10720

(C) Each annual report prepared under division (A) of this	10721
section shall be distributed to each member of the general	10722
assembly.	10723

(D) As used in this section, "prison term" and "stated prison	10724
term" have the same meanings as in section 2929.01 of the Revised	10725
Code.	10726

Sec. 5120.48. (A) If a prisoner escapes from a state	10727
correctional institution, the managing officer of the institution,	10728
after consultation with and upon the advice of appropriate law	10729
enforcement officials, shall assign and deploy into the community	10730
appropriate staff persons necessary to apprehend the prisoner.	10731
Correctional officers and officials may carry firearms when	10732
required in the discharge of their duties in apprehending, taking	10733
into custody, or transporting to a place of confinement a prisoner	10734
who has escaped from a state correctional institution.	10735

(B) If a prisoner is released from a state correctional	10736
institution prior to the lawful end of the person's prison term or	10737
term of imprisonment, whether by error, inadvertence, fraud, or	10738
any other cause except a lawful parole or judicial release granted	10739
pursuant to section 2929.20 of the Revised Code or the successful	10740
completion of a risk reduction sentence under section 5120.036 of	10741
the Revised Code, the managing officer of the institution, after	10742
consulting with the bureau of sentence computation, shall notify	10743
the chief of the adult parole authority, the office of victim	10744
services of the division of parole and community services, and the	10745
sentencing court of the mistaken release. Upon the direction of	10746
the chief, or the chief's designee, field officers of the	10747
authority may arrest the prisoner without a warrant and return the	10748
prisoner to the state correctional institution to complete the	10749
balance of the prisoner's sentence. The chief of the adult parole	10750
authority, or the chief's designee, may require the assistance of	10751
any peace officer or law enforcement officer in the apprehension	10752
of a prisoner of that nature.	10753

Sec. 5120.59. Before a prisoner is released from a state	10754
correctional institution, the department of rehabilitation and	10755
correction shall attempt to verify the prisoner's identification	10756
and social security number. If the department is not able to	10757
verify the prisoner's identification and social security number,	10758
if the prisoner has no other documentary evidence required by the	10759
registrar of motor vehicles for the issuance of an identification	10760
card under section 4507.50 of the Revised Code, and if the	10761
department determines that the prisoner is legally living in the	10762
United States, the department shall issue to the prisoner upon the	10763
prisoner's release an identification card that the prisoner may	10764
present to the registrar or a deputy registrar of motor vehicles	10765
~~to obtain an identification card under section 4507.50 of the~~	10766
~~Revised Code. The director of rehabilitation and correction may~~	10767
~~adopt rules for the implementation of this section~~.	10768

Sec. 5120.60. (A) There is hereby created in the division of	10769
parole and community services the office of ~~victims'~~victim	10770
services.	10771

(B) The office shall provide assistance to victims of crime,	10772
victims' representatives designated under section 2930.02 of the	10773
Revised Code, and members of the victim's family. The assistance	10774
shall include, but not be limited to, providing information about	10775
the policies and procedures of the department of rehabilitation	10776
and correction and the status of offenders under the department's	10777
jurisdiction.	10778

(C) The office shall also make available publications that	10779
will assist victims in contacting staff of the department about	10780
problems with offenders under the supervision of the adult parole	10781
authority or confined in state correctional institutions under the	10782
department's jurisdiction.	10783

(D) The office shall employ a ~~victims~~victim coordinator who	10784
shall administer the office's functions. The ~~victims~~victim	10785
coordinator shall be in the unclassified civil service and report	10786
directly to the chief of the division.	10787

(E) The office shall also employ at least three persons in	10788
the unclassified civil service whose primary duties shall be to	10789
help parole board hearing officers identify victims' issues and to	10790
make recommendations to the parole board in accordance with rules	10791
adopted by the department. The member of the parole board	10792
appointed pursuant to division (B) of section 5149.10 of the	10793
Revised Code shall approve the hiring of the employees of the	10794
office.	10795

(F) The office shall coordinate its activities with the	10796
member of the parole board appointed pursuant to division (B) of	10797
section 5149.10 of the Revised Code. The ~~victims~~victim	10798
coordinator and other employees of the office shall have full	10799
access to records of prisoners under the department's	10800
jurisdiction.	10801

(G) Information provided to the office of victim services by	10802
victims of crime or a victim representative designated under	10803
section 2930.02 of the Revised Code for the purpose of program	10804
participation, of receiving services, or to communicate acts of an	10805
inmate or person under the supervision of the adult parole	10806
authority that threaten the safety and security of the victim	10807
shall be confidential and is not a public record under section	10808
149.43 of the Revised Code.	10809

(H)(1) If a person who was convicted of or pleaded guilty to	10810
an offense of violence that is a felony escapes from a	10811
correctional institution under the control of the department of	10812
rehabilitation and correction or otherwise escapes from the	10813
custody of the department, the office of victim services shall	10814
notify each victim of the offense or offenses committed by that	10815
person of that person's escape and, if applicable, of that	10816
person's subsequent apprehension. The office shall give this	10817
notice as soon as practicable after the escape and the office	10818
identifies and locates the victim. The office shall give this	10819
notice to each victim of the escaped person, regardless of whether	10820
the victim is registered for notification with the office, unless	10821
the victim has specifically notified the office that the victim	10822
does not wish to be notified regarding the person.	10823

The office may give the notice required by this division by	10824
telephone, in person, or by e-mail or other electronic means. If	10825
the office cannot locate a victim to whom notice is to be provided	10826
under this division, the office shall send the notice in writing	10827
to the last known address of that victim.	10828

(2) If a person escapes as described in division (H)(1) of	10829
this section, the office of victim services may request assistance	10830
from the prosecuting attorney of the county in which the person	10831
was convicted of or pleaded guilty to the offense in identifying	10832
and locating the victim of the offense.	10833

(I) Any reference in any Revised Code section other than this	10834
section to the "office of victims' services" of the division of	10835
parole and community services or of the department of	10836
rehabilitation and correction shall be construed as being a	10837
reference to, and meaning, the office of victim services created	10838
by division (A) of this section.	10839

(J) As used in this section, "crime," "member of the victim's	10840
family," and "victim" have the meanings given in section 2930.01	10841
of the Revised Code.	10842

Sec. 5120.66. (A) Within ninety days after November 23,	10843
2005, but not before January 1, 2006, the department of	10844
rehabilitation and correction shall establish and operate on the	10845
internet a database that contains all of the following:	10846

(1) For each inmate in the custody of the department under a	10847
sentence imposed for a conviction of or plea of guilty to any	10848
offense, all of the following information:	10849

(a) The inmate's name;

10850

(b) For each offense for which the inmate was sentenced to a	10851
prison term or term of imprisonment and is in the department's	10852
custody, the name of the offense, the Revised Code section of	10853
which the offense is a violation, the gender of each victim of the	10854
offense if those facts are known, whether each victim of the	10855
offense was an adult or child if those facts are known, the range	10856
of the possible prison terms or term of imprisonment that could	10857
have been imposed for the offense, the actual prison term or term	10858
of imprisonment imposed for the offense, the county in which the	10859
offense was committed, the date on which the inmate began serving	10860
the prison term or term of imprisonment imposed for the offense,	10861
and either the date on which the inmate will be eligible for	10862
parole relative to the offense if the prison term or term of	10863
imprisonment is an indefinite term or life term or the date on	10864
which the term ends if the prison term is a definite term;	10865

(c) All of the following information that is applicable	10866
regarding the inmate:	10867

(i) If known to the department prior to the conduct of any	10868
hearing for judicial release of the defendant pursuant to section	10869
2929.20 of the Revised Code in relation to any prison term or term	10870
of imprisonment the inmate is serving for any offense or any	10871
hearing for release of the defendant pursuant to section 2967.19	10872
of the Revised Code in relation to any such term, notice of the	10873
fact that the inmate will be having a hearing regarding a possible	10874
grant of judicial release or release, the date of the hearing, and	10875
the right of any person pursuant to division (J) of ~~that~~ section	10876
2929.20 or division (H) of section 2967.19 of the Revised Code,	10877
whichever is applicable, to submit to the court a written	10878
statement regarding the possible judicial release;or release. The	10879
department also shall post notice of the filing of any petition	10880
for release of the inmate pursuant to section 2967.19 of the	10881
Revised Code, as required by division (E) of that section.	10882

(ii) If the inmate is serving a prison term pursuant to	10883
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	10884
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	10885
Code, prior to the conduct of any hearing pursuant to section	10886
2971.05 of the Revised Code to determine whether to modify the	10887
requirement that the inmate serve the entire prison term in a	10888
state correctional facility in accordance with division (C) of	10889
that section, whether to continue, revise, or revoke any existing	10890
modification of that requirement, or whether to terminate the	10891
prison term in accordance with division (D) of that section,	10892
notice of the fact that the inmate will be having a hearing	10893
regarding those determinations and of the date of the hearing;	10894

(iii) At least three weeks before the adult parole authority	10895
recommends a pardon or commutation of sentence for the inmate or	10896
at least three weeks prior to a hearing before the adult parole	10897
authority regarding a grant of parole to the inmate in relation to	10898
any prison term or term of imprisonment the inmate is serving for	10899
any offense, notice of the fact that the inmate might be under	10900
consideration for a pardon or commutation of sentence or will be	10901
having a hearing regarding a possible grant of parole, of the date	10902
of any hearing regarding a possible grant of parole, and of the	10903
right of any person to submit a written statement regarding the	10904
pending action;	10905

(iv) At least three weeks before the inmate is transferred to	10906
transitional control under section 2967.26 of the Revised Code in	10907
relation to any prison term or term of imprisonment the inmate is	10908
serving for any offense, notice of the pendency of the transfer,	10909
of the date of the possible transfer, and of the right of any	10910
person to submit a statement regarding the possible transfer;	10911

(v) Prompt notice of the inmate's escape from any facility in	10912
which the inmate was incarcerated and of the capture of the inmate	10913
after an escape;	10914

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

10915

(vii) Prior to the release of the inmate from confinement,	10916
notice of the fact that the inmate will be released, of the date	10917
of the release, and, if applicable, of the standard terms and	10918
conditions of the release;	10919

(viii) Notice of the inmate's judicial release pursuant to	10920
section 2929.20 of the Revised Code or release pursuant to section	10921
2967.19 of the Revised Code.	10922

(2) Information as to where a person can send written	10923
statements of the types referred to in divisions (A)(1)(c)(i),	10924
(iii), and (iv) of this section.	10925

(B)(1) The department shall update the database required	10926
under division (A) of this section every twenty-four hours to	10927
ensure that the information it contains is accurate and current.	10928

(2) The database required under division (A) of this section	10929
is a public record open for inspection under section 149.43 of the	10930
Revised Code. The department shall make the database searchable by	10931
inmate name and by the county and zip code where the offender	10932
intends to reside after release from a state correctional	10933
institution if this information is known to the department.	10934

(3) The database required under division (A) of this section	10935
may contain information regarding inmates who are listed in the	10936
database in addition to the information described in that	10937
division.	10938

(4) No information included on the database required under	10939
division (A) of this section shall identify or enable the	10940
identification of any victim of any offense committed by an	10941
inmate.	10942

(C) The failure of the department to comply with the	10943
requirements of division (A) or (B) of this section does not give	10944
any rights or any grounds for appeal or post-conviction relief to	10945
any inmate.	10946

(D) This section, and the related provisions of sections	10947
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	10948
in the act in which this section was enacted, shall be known as	10949
"Laura's Law."	10950

Sec. 5149.01. As used in Chapter 5149. of the Revised Code:

10951

(A) "Authority" means the adult parole authority created by	10952
section 5149.02 of the Revised Code.	10953

(B) "State correctional institution," "pardon,"	10954
"commutation," "reprieve," "parole," "head of a state correctional	10955
institution," "convict," "prisoner," "parolee," "final release,"	10956
and "parole violator" have the same meanings as in section 2967.01	10957
of the Revised Code.	10958

(C) "Full board hearing" means a parole board hearing	10959
conducted by a ~~minimum~~majority of ~~seven~~ parole board members as	10960
described in section 5149.101 of the Revised Code.	10961

Sec. 5149.10. (A)(1) The parole board shall consist of up to	10962
twelve members, one of whom shall be designated as chairperson by	10963
the director of the department of rehabilitation and correction	10964
and who shall continue as chairperson until a successor is	10965
designated, and any other personnel that are necessary for the	10966
orderly performance of the duties of the board. In addition to the	10967
rules authorized by section 5149.02 of the Revised Code, the chief	10968
of the adult parole authority, subject to the approval of the	10969
chief of the division of parole and community services and subject	10970
to this section, shall adopt rules governing the proceedings of	10971
the parole board. The rules shall provide for the convening of	10972
full board hearings, the procedures to be followed in full board	10973
hearings, and general procedures to be followed in other hearings	10974
of the board and by the board's hearing officers. The rules also	10975
shall require agreement by a majority of all the board members to	10976
any recommendation of clemency transmitted to the governor.	10977

(2) When the board members sit as a full board, the	10978
chairperson shall preside. The chairperson shall also allocate the	10979
work of the parole board among the board members. The full board	10980
shall meet at least once each month. In the case of a tie vote on	10981
the full board, the chief of the adult parole authority shall cast	10982
the deciding vote. The chairperson may designate a person to serve	10983
in the chairperson's place.	10984

(3)(a) Except for the chairperson, except for the member	10985
appointed under division (B) of this section, and except as	10986
otherwise provided in division (A)(3)(b) of this section, a member	10987
appointed to the parole board shall be appointed to a six-year	10988
term. A member shall hold office from the date of appointment	10989
until the end of the term for which the member was appointed. A	10990
member is eligible for reappointment for another six-year term	10991
that may or may not be consecutive to the first six-year term. A	10992
member is not eligible for reappointment after serving two	10993
six-year terms whether or not served consecutively. Vacancies	10994
shall be filled in the same manner provided for original	10995
appointments. Any member appointed under this division to fill a	10996
vacancy occurring prior to the expiration date of the term for	10997
which the member's predecessor was appointed shall begin that	10998
member's first six-year term upon appointment, regardless of the	10999
time remaining in the term of the member's predecessor. A member	11000
appointed under this division shall continue in office subsequent	11001
to the expiration date of the member's term until the member's	11002
successor takes office or until a period of sixty days has	11003
elapsed, whichever occurs first.	11004

(b) A member of the parole board on the effective date of	11005
this amendment who has served on the board less than six years	11006
shall have the time so served applied toward a six-year term and	11007
at the end of that six-year term shall be eligible for	11008
reappointment to an additional six-year term. A member of the	11009
parole board on the effective date of this amendment who has	11010
served on the board at least six years but less than twelve years	11011
shall have six of the years so served applied toward the first	11012
six-year term and the remaining time so served applied toward a	11013
second six-year term, shall serve the remainder of that second	11014
six-year term, and at the end of that second six-year term shall	11015
not be eligible for reappointment. A member of the parole board on	11016
the effective date of this amendment who has served on the board	11017
twelve years or longer shall serve until a successor member is	11018
appointed or a period of six months after the effective date of	11019
this amendment has elapsed, whichever occurs first, and after the	11020
end of that service shall be eligible for reappointment to an	11021
additional six-year term.	11022

(4) Except as otherwise provided in division (B) of this	11023
section, no person shall be appointed a member of the board who is	11024
not qualified by education or experience in correctional work,	11025
including law enforcement, prosecution of offenses, advocating for	11026
the rights of victims of crime, probation, or parole, in law, in	11027
social work, or in a combination of the three categories.	11028

(B) The director of rehabilitation and correction, in	11029
consultation with the governor, shall appoint one member of the	11030
board, who shall be a person who has been a victim of crime or who	11031
is a member of a victim's family or who represents an organization	11032
that advocates for the rights of victims of crime. After	11033
appointment, this member shall be an unclassified employee of the	11034
department of rehabilitation and correction.	11035

The initial appointment shall be for a term ending four years	11036
after July 1, 1996. Thereafter, the term of office of the member	11037
appointed under this division shall be for four years, with each	11038
term ending on the same day of the same month as did the term that	11039
it succeeds. The member shall hold office from the date of	11040
appointment until the end of the term for which the member was	11041
appointed and may be reappointed. Vacancies shall be filled in the	11042
manner provided for original appointments. Any member appointed	11043
under this division to fill a vacancy occurring prior to the	11044
expiration date of the term for which the member's predecessor was	11045
appointed shall hold office as a member for the remainder of that	11046
term. The member appointed under this division shall continue in	11047
office subsequent to the expiration date of the member's term	11048
until the member's successor takes office or until a period of	11049
sixty days has elapsed, whichever occurs first.	11050

The member appointed under this division shall be compensated	11051
in the same manner as other board members and shall be reimbursed	11052
for actual and necessary expenses incurred in the performance of	11053
the ~~members'~~member's duties. The member may vote on all cases	11054
heard by the full board under section 5149.101 of the Revised	11055
Code, has such duties as are assigned by the chairperson of the	11056
board, and shall coordinate the member's activities with the	11057
office of victims' services created under section 5120.60 of the	11058
Revised Code.	11059

As used in this division, "crime," "member of the victim's	11060
family," and "victim" have the meanings given in section 2930.01	11061
of the Revised Code.	11062

(C) The chairperson shall submit all recommendations for or	11063
against clemency directly to the governor.	11064

(D) The chairperson shall transmit to the chief of the adult	11065
parole authority all determinations for or against parole made by	11066
the board. Parole determinations are final and are not subject to	11067
review or change by the chief.	11068

(E) In addition to its duties pertaining to parole and	11069
clemency, if an offender is sentenced to a prison term pursuant to	11070
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	11071
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	11072
Code, the parole board shall have control over the offender's	11073
service of the prison term during the entire term unless the board	11074
terminates its control in accordance with section 2971.04 of the	11075
Revised Code. The parole board may terminate its control over the	11076
offender's service of the prison term only in accordance with	11077
section 2971.04 of the Revised Code.	11078

Sec. 5149.31. (A) The department of rehabilitation and	11079
correction shall do all of the following:	11080

~~(A)~~(1) Establish and administer a program of subsidies for	11081
eligible counties and groups of counties for felony offenders and	11082
a program of subsidies for eligible municipal corporations,	11083
counties, and groups of counties for misdemeanor offenders for the	11084
development, implementation, and operation of community	11085
corrections programs. Department expenditures for administration	11086
of both programs of subsidies shall not exceed ten per cent of the	11087
moneys appropriated for each of the purposes of this division.	11088

~~(B)~~(2) Adopt and promulgate rules, under Chapter 119. of the	11089
Revised Code, providing standards for community corrections	11090
programs. The standards shall be designed to improve the quality	11091
and efficiency of the programs and to reduce the number of persons	11092
committed to state correctional institutions and to county,	11093
multicounty, municipal, municipal-county, or multicounty-municipal	11094
jails or workhouses for offenses for which community control	11095
sanctions are authorized under section 2929.13, 2929.15, or	11096
2929.25 of the Revised Code. In developing the standards, the	11097
department shall consult with, and seek the advice of, local	11098
corrections agencies, law enforcement agencies, and other public	11099
and private agencies concerned with corrections. The department	11100
shall conduct, and permit participation by local corrections	11101
planning boards established under section 5149.34 of the Revised	11102
Code and joint county corrections planning boards established	11103
under section 5149.35 of the Revised Code in, an annual review of	11104
the standards to measure their effectiveness in promoting the	11105
purposes specified in this division and shall amend or rescind any	11106
existing rule providing a standard or adopt and promulgate	11107
additional rules providing standards, under Chapter 119. of the	11108
Revised Code, if the review indicates that the standards fail to	11109
promote the purposes.	11110

~~(C)~~(3) Accept and use any funds, goods, or services from the	11111
federal government or any other public or private source for the	11112
support of the subsidy programs established under division (A) of	11113
this section. The department may comply with any conditions and	11114
enter into any agreements that it considers necessary to obtain	11115
these funds, goods, or services.	11116

~~(D)~~(4) Adopt rules, in accordance with Chapter 119. of the	11117
Revised Code, and do all other things necessary to implement	11118
sections 5149.30 to 5149.37 of the Revised Code;	11119

~~(E)~~(5) Evaluate or provide for the evaluation of community	11120
corrections programs funded by the subsidy programs established	11121
under division (A)(1) of this section and establish means of	11122
measuring their effectiveness;	11123

~~(F)~~(6) Prepare an annual report evaluating the subsidy	11124
programs established under division (A)(1) of this section. The	11125
report shall include, but need not be limited to, analyses of the	11126
structure of the programs and their administration by the	11127
department, the effectiveness of the programs in the development	11128
and implementation of community corrections programs, the specific	11129
standards adopted and promulgated under division ~~(B)~~(A)(2) of this	11130
section and their effectiveness in promoting the purposes of the	11131
programs, and the findings of the evaluations conducted under	11132
division ~~(E)~~(A)(5) of this section. The director of rehabilitation	11133
and correction shall review and certify the accuracy of the report	11134
and provide copies of it, upon request, to members of the general	11135
assembly.	11136

~~(G)~~(7) Provide training or assistance, upon the request of a	11137
local corrections planning board or a joint county corrections	11138
planning board, to any local unit of government, subject to	11139
available resources of the department.	11140

(B)(1) In order to be eligible for the subsidies under this	11141
section, counties, groups of counties, and municipal corporations	11142
shall satisfy all applicable requirements under sections 2301.27	11143
and 2301.30 of the Revised Code and shall utilize the single	11144
validated risk assessment tool selected by the department under	11145
section 5120.114 of the Revised Code.	11146

(2) The department shall give any county, group of counties,	11147
or municipal corporation found to be noncompliant with the	11148
requirements described in division (B)(1) of this section a	11149
reasonable period of time to come into compliance. If the	11150
noncompliant county, group of counties, or municipal corporation	11151
does not become compliant after a reasonable period of time, the	11152
department shall reduce or eliminate the subsidy granted to that	11153
county, group of counties, or municipal corporation.	11154

Sec. 5149.311. (A) The department of rehabilitation and	11155
correction shall establish and administer the probation	11156
improvement grant and the probation incentive grant for court of	11157
common pleas probation departments that supervise felony	11158
offenders.	11159

(B)(1) The probation improvement grant shall provide funding	11160
to court of common pleas probation departments to adopt policies	11161
and practices based on the latest research on how to reduce the	11162
number of felony offenders on probation supervision who violate	11163
the conditions of their supervision.	11164

(2) The department shall adopt and promulgate rules for the	11165
distribution of the probation improvement grant, including the	11166
formula for the allocation of the subsidy based on the number of	11167
felony offenders placed on probation annually in each	11168
jurisdiction.	11169

(C)(1) The probation incentive grant shall provide a	11170
performance-based level of funding to court of common pleas	11171
probation departments that are successful in reducing the number	11172
of felony offenders on probation supervision whose terms of	11173
supervision are revoked.	11174

(2) The department shall calculate annually any cost savings	11175
realized by the state from a reduction in the percentage of people	11176
who are incarcerated because their terms of supervised probation	11177
were revoked. The cost savings estimate shall be calculated for	11178
each county and be based on the difference from fiscal year 2010	11179
and the fiscal year under examination.	11180

(3) The department shall adopt and promulgate rules that	11181
specify the subsidy amount to be appropriated to court of common	11182
pleas probation departments that successfully reduce the	11183
percentage of people on probation who are incarcerated because	11184
their terms of supervision are revoked.	11185

(D) The following stipulations apply to both the probation	11186
improvement grant and the probation incentive grant:	11187

(1) In order to be eligible for the probation improvement	11188
grant and the probation incentive grant, courts of common pleas	11189
must satisfy all requirements under sections 2301.27 and 2301.30	11190
of the Revised Code and must utilize the single validated risk	11191
assessment tool selected by the department of rehabilitation and	11192
correction under section 5120.114 of the Revised Code.	11193

(2) The department may deny a subsidy under this section to	11194
any applicant if the applicant fails to comply with the terms of	11195
any agreement entered into pursuant to any of the provisions of	11196
this section.	11197

(3) The department shall evaluate or provide for the	11198
evaluation of the policies, practices, and programs the court of	11199
common pleas probation departments utilize with the programs of	11200
subsidies established under this section and establish means of	11201
measuring their effectiveness.	11202

(4) The department shall specify the policies, practices, and	11203
programs for which court of common pleas probation departments may	11204
use the program subsidy and shall establish minimum standards of	11205
quality and efficiency that recipients of the subsidy must follow.	11206
The department shall give priority to supporting evidence-based	11207
policies and practices, as defined by the department.	11208

Sec. 5149.32. To be eligible for funds from the subsidy	11209
programs established under division (A)(1) of section 5149.31 of	11210
the Revised Code, a municipal corporation, county, or group of	11211
counties shall comply with all of the following that are relevant:	11212

(A) Maintain programs that meet the standards adopted under	11213
division ~~(B)~~(A)(2) of section 5149.31 of the Revised Code;	11214

(B) Demonstrate that it has made efforts to unify or	11215
coordinate its correctional service programs through	11216
consolidation, written agreements, purchase of service contracts,	11217
or other means;	11218

(C) Demonstrate that the comprehensive plan for the county in	11219
which the municipal corporation is located, for the county, or for	11220
each county of the group of counties, as adopted under section	11221
5149.34 of the Revised Code, has been approved by the director of	11222
rehabilitation and correction;	11223

(D) Deliver programming that addresses the assessed needs of	11224
high risk offenders as established by the single validated risk	11225
assessment tool described in section 5120.114 of the Revised Code	11226
and that may be delivered through available and acceptable	11227
resources within the municipal corporation, county, or group of	11228
counties or through the department of rehabilitation and	11229
correction;	11230

(E) If a subsidy was received in any prior fiscal year from a	11231
subsidy program established under division (A)(1) of section	11232
5149.31 of the Revised Code, demonstrate that the subsidy was	11233
expended in a good faith effort to improve the quality and	11234
efficiency of its community corrections programs and to reduce the	11235
number of persons committed to state correctional institutions and	11236
to county, multicounty, municipal, municipal-county, or	11237
multicounty-municipal jails or workhouses.	11238

Sec. 5149.33. No municipal corporation, county, or group of	11239
counties receiving a subsidy under division (A)(1) of section	11240
5149.31 of the Revised Code shall reduce, by the amount of the	11241
subsidy it receives or by a greater or lesser amount, the amount	11242
of local, nonfederal funds it expends for corrections, including,	11243
but not limited to, the amount of local, nonfederal funds it	11244
expends for the operation of the county, multicounty, municipal,	11245
municipal-county, or multicounty-municipal jail or workhouse, for	11246
any county or municipal probation department, or for any community	11247
corrections program. Each subsidy shall be used to make	11248
corrections expenditures in excess of those being made from local,	11249
nonfederal funds. No subsidy or portion of a subsidy shall be used	11250
to make capital improvements. If a recipient violates this	11251
section, the department of rehabilitation and correction ~~shall~~may	11252
discontinue subsidy payments to the recipient.	11253

Sec. 5149.34. (A)(1) If a county desires to receive a	11254
subsidy from a subsidy program established under division (A)(1)	11255
of section 5149.31 of the Revised Code for community corrections	11256
programs as described in division (B) of that section, the board	11257
of county commissioners of the county shall establish, by a	11258
resolution as described in this division, and maintain a local	11259
corrections planning board that, except as provided in division	11260
(A)(2) of this section, shall include an administrator of a	11261
county, multicounty, municipal, municipal-county, or	11262
multicounty-municipal jail or workhouse located in the county,; a	11263
county commissioner of that county,; a judge of the court of	11264
common pleas of that county,; a judge of a municipal court or	11265
county court of that county,; an attorney whose practice of law	11266
primarily involves the representation of criminal defendants,; the	11267
chief law enforcement officer of the largest municipal corporation	11268
located in the county,; the county sheriff,; one or more	11269
prosecutors, as defined in section 2935.01 of the Revised Code,;	11270
the executive director of the board of alcohol, drug addiction,	11271
and mental health services serving that county or the executive	11272
director's designee, or the executive directors of both the	11273
community mental health board and the alcohol and drug addiction	11274
services board serving that county or their designees, whichever	11275
is applicable; the executive director of the county board of	11276
mental retardation and developmental disabilities of that county	11277
or the executive director's designee; an administrator of a	11278
halfway house serving that county, if any, or the administrator's	11279
designee; an administrator of a community-based correctional	11280
facility, if any, serving the court of common pleas of that county	11281
or the administrator's designee; an administrator of a community	11282
corrections act-funded program in that county, if any, or the	11283
administrator's designee; one or more representatives of the	11284
public, one of whom shall be a victim of crime,; one or more	11285
additional representatives of the law enforcement community,; one	11286
or more additional representatives of the judiciary,; one or more	11287
additional representatives of the field of corrections,; and	11288
officials from the largest municipal corporation located in the	11289
county. A majority of the members of the board shall be employed	11290
in the adult criminal justice field. At least two members of the	11291
board shall be members of the largest racial minority population,	11292
if any, in the county, and at least two other members of the board	11293
shall be women. The resolution shall state the number and nature	11294
of the members, the duration of their terms, the manner of filling	11295
vacancies on the board, and the compensation, if any, that members	11296
are to receive. The board of county commissioners also may	11297
specify, as part of the resolution, any other duties the local	11298
corrections planning board is to assume.	11299

(2) If, for good cause shown, including, but not limited to,	11300
the refusal of a specified individual to serve on a local	11301
corrections planning board, a particular county is not able to	11302
satisfy the requirements specified in division (A)(1) of this	11303
section for the composition of such a board, the director of	11304
rehabilitation and correction may waive the requirements to the	11305
extent necessary and approve a composition for the board that	11306
otherwise is consistent with the requirements.	11307

(B) Each local corrections planning board established	11308
pursuant to division (A) of this section shall adopt within	11309
eighteen months after its establishment, and from time to time	11310
shall revise, a comprehensive plan for the development,	11311
implementation, and operation of corrections services in the	11312
county. The plan shall include a description of the offender	11313
population's assessed needs as established by the single validated	11314
risk assessment tool described in section 5120.114 of the Revised	11315
Code, with particular attention to high risk offenders, and the	11316
capacity to deliver services and programs within the county and	11317
surrounding region that address the offender population's needs.	11318
The plan shall be adopted and revised after consideration has been	11319
given to the impact that it will have or has had on the	11320
populations of state correctional institutions and county,	11321
multicounty, municipal, municipal-county, or multicounty-municipal	11322
jails or workhouses in the county, and shall be designed to unify	11323
or coordinate corrections services in the county and to reduce the	11324
number of persons committed, consistent with the standards adopted	11325
under division ~~(B)~~(A)(2) of section 5149.31 of the Revised Code,	11326
from that county to state correctional institutions and to county,	11327
multicounty, municipal, municipal-county, or multicounty-municipal	11328
jails or workhouses. The plan and any revisions to the plan shall	11329
be submitted to the board of county commissioners of the county in	11330
which the local corrections planning board is located for	11331
approval.	11332

If a county has a community-based correctional facility and	11333
program established in accordance with sections 2301.51 to 2301.58	11334
of the Revised Code, the budgets of the facility and program shall	11335
not be subject to approval by the local corrections planning	11336
board, but instead shall continue to be determined in accordance	11337
with those sections. However, the local corrections planning board	11338
shall include the facility and program as part of the	11339
comprehensive plan adopted and revised pursuant to this division.	11340

11341

(1) "Halfway house" and "community-based correctional	11342
facility" have the same meanings as in section 2929.01 of the	11343
Revised Code.	11344

(2) "Offender population" means the total number of offenders	11345
currently receiving corrections services provided by the county.	11346

Sec. 5149.36. Subject to appropriations by the general	11347
assembly, the department of rehabilitation and correction shall	11348
award subsidies to eligible municipal corporations, counties, and	11349
groups of counties pursuant to the subsidy programs described in	11350
division (A)(1) of section 5149.31 of the Revised Code only in	11351
accordance with criteria that the department shall specify in	11352
rules adopted pursuant to Chapter 119. of the Revised Code. The	11353
criteria shall be designed to provide for subsidy awards only on	11354
the basis of demonstrated need and the satisfaction of specified	11355
priorities. The criteria shall be consistent with the following:	11356

(A) First priority shall be given to the continued funding of	11357
existing community corrections programs that satisfy the standards	11358
adopted pursuant to division ~~(B)~~(A)(2) of section 5149.31 of the	11359
Revised Code and that are designed to reduce the number of persons	11360
committed to state correctional institutions.	11361

(B) Second priority shall be given to new community	11362
corrections programs that are designed to reduce the number of	11363
persons committed to state correctional institutions or the number	11364
of persons committed to county, multicounty, municipal,	11365
municipal-county, or multicounty-municipal jails or workhouses.	11366

Section 2. That existing sections 109.42, 307.93, 309.18,	11367
341.12, 926.99, 1333.99, 1707.99, 1716.99, 2301.27, 2301.30,	11368
2743.191, 2909.03, 2909.05, 2909.11, 2911.12, 2913.01, 2913.02,	11369
2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34,	11370
2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46,	11371
2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21,	11372
2917.31, 2917.32, 2919.21, 2921.13, 2921.34, 2921.41, 2923.31,	11373
2925.01, 2925.03, 2925.05, 2925.11, 2929.01, 2929.13, 2929.14,	11374
2929.15, 2929.16, 2929.20, 2929.26, 2929.34, 2930.12, 2930.16,	11375
2930.17, 2950.99, 2951.041, 2951.08, 2967.05, 2967.14, 2967.193,	11376
2967.28, 2981.07, 4507.51, 5120.07, 5120.10, 5120.111, 5120.16,	11377
5120.331, 5120.48, 5120.59, 5120.60, 5120.66, 5149.01, 5149.10,	11378
5149.31, 5149.32, 5149.33, 5149.34, and 5149.36 of the Revised	11379
Code are hereby repealed.	11380

Section 3. The amendment of section 5120.07 of the Revised	11381
Code by Sections 1 and 2 of this act is not intended to supersede	11382
the earlier repeal of that section, with the delayed effective	11383
date of December 31, 2011.	11384

Section 4. The amendments to sections 2925.01, 2925.03,	11385
2925.05, and 2925.11 of the Revised Code, and to division (W) of	11386
section 2929.01 of the Revised Code, that are made in this act	11387
apply to a person who commits an offense involving marihuana,	11388
cocaine, or hashish on or after the effective date of this act and	11389
to a person to whom division (B) of section 1.58 of the Revised	11390
Code makes the amendments applicable.	11391

The provisions of sections 2925.01, 2925.03, 2925.05, and	11392
2925.11 of the Revised Code, and of division (W) of section	11393
2929.01 of the Revised Code, in existence prior to the effective	11394
date of this act shall apply to a person upon whom a court imposed	11395
sentence prior to the effective date of this act for an offense	11396
involving marihuana, cocaine, or hashish. The amendments to	11397
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised	11398
Code, and to division (W) of section 2929.01 of the Revised Code,	11399
that are made in this act do not apply to a person upon whom a	11400
court imposed sentence prior to the effective date of this act for	11401
an offense involving marihuana, cocaine, or hashish.	11402

Section 5. The amendments to sections 926.99, 1333.99,	11403
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	11404
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	11405
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	11406
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	11407
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 and divisions (A)	11408
and (M) of section 2929.14 of the Revised Code that are made in	11409
this act apply to a person who commits an offense specified or	11410
penalized under those sections on or after the effective date of	11411
this section and to a person to whom division (B) of section 1.58	11412
of the Revised Code makes the amendments applicable.	11413

The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,	11414
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,	11415
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	11416
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	11417
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,	11418
2921.41, 2923.31, and 2981.07 of the Revised Code in existence	11419
prior to the effective date of this section shall apply to a	11420
person upon whom a court imposed sentence prior to the effective	11421
date of this section for an offense specified or penalized under	11422
those sections. The amendments to sections 926.99, 1333.99,	11423
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	11424
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	11425
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	11426
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	11427
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	11428
Code that are made in this act do not apply to a person who upon	11429
whom a court imposed sentence prior to the effective date of this	11430
section for an offense specified or penalized under those	11431
sections.	11432

Section 6. Section 1716.99 of the Revised Code is presented	11433
in this act as a composite of the section as amended by both Am.	11434
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.	11435
Section 2301.27 of the Revised Code is presented in this act as a	11436
composite of the section as amended by both Am. Sub. H.B. 490 and	11437
Sub. H.B. 510 of the 124th General Assembly. Section 2929.14 of	11438
the Revised Code is presented in this act as a composite of the	11439
section as amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280	11440
of the 127th General Assembly. Section 2929.20 of the Revised Code	11441
is presented in this act as a composite of the section as amended	11442
by both Am. Sub. H.B. 130 and Sub. S.B. 108 of the 127th General	11443
Assembly. Section 2967.193 of the Revised Code is presented in	11444
this act as a composite of the section as amended by both Am. Sub.	11445
S.B. 269 and Am. Sub. H.B. 180 of the 121st General Assembly. The	11446
General Assembly, applying the principle stated in division (B) of	11447
section 1.52 of the Revised Code that amendments are to be	11448
harmonized if reasonably capable of simultaneous operation, finds	11449
that the composites are the resulting versions of the sections in	11450
effect prior to the effective date of the sections as presented in	11451
this act.	11452